2015 Legislative Update

Administrative Measures
This week marks an important threshold in the legislative process of moving a bill out of one body over to the other, commonly referred to as crossover.  Wage Standards is still watching several bills that made this progress.  Both administrative measures, HB 952, HD2, Relating to Wages and Hours on Public Works Law, and its companion SB 1121, SD 1 (limited the time to file a complaint with the DLIR under the prevailing wage law to one year from the time the wages were due have been modified to allow complaints within 3 years in the current version of SB1121, and complainant confidentiality still remains in both) and SB 1122, Relating to Wage and Hour Law, which adjusts the guaranteed salary exemption to track the increases in minimum wage.

Paid Sick and Family Leave Bills
Two leave bills made the crossover.  Both perspectives initially analyzed previously in this blog under Paid Leave, are still alive.  In one, the employer pays and provides up to 40 hours of sick leave a year, (SB 129, SD2 Relating to Labor), in the other, the employee contributes one-half of one percent (.5%) of their wages into a newly created fund administered by the DLIR under the family leave law.  (HB 496, HD1 Relating to Employment). There seems to be strong support for the idea.  Twenty-one different representatives (Aquino, Brower, Cachola, Choy, Creagan, Hashem, Ichiyama, Ito,  Keohokalole, Kobayashi, Luke, Lopresti, McKelvey, Mizuno, Morikawa, Onishi, Say, Saiki, Takayama, and Woodson) and five senators  (Baker, Chun-Oakland, Espero, Galuteria, and Ihara) introduced some form of an employee-funded leave system, while  six senators (Chun-Oakland, Espero, Gabbard,  Ihara, Keith-Agarin, and Shimabukura) and one representative (Takumi) introduced some form of an employer paid leave system. Notice that three of the senators (Chun-Oakland, Espero, and Ihara) introduced both employer and employee funded measures. Legislators have made it clear that the idea of paid leave is important, but deciding how to implement it promises to be an interesting conversation.

Other Matters of Interest
Under the Wages and Hours of Employees on Public Works Law, SB216 SD2, and it's companion HB391, HD1, allow the payment of overtime on public works to follow the prevailing union negotiated private contract provisions, which would authorize overtime rates to exceed the current time and one-half, on Saturdays, Sundays, State holidays and regular work days in excess of 8 hours.  A similar provision stalled in Conference Committee last legislative session. 

The bullying bill, HB 819, HD2, Relating to Bullying , being followed on the Division's Facebook Page Hawaii Teens at Work ,applies to all agencies that provide services to youth.  This includes the Wage Standards Division in the administration and enforcement of work permits for minors, under the Child Labor Law, Chapter 390, Hawaii Revised Statutes.

In the unemployment area, SB1219 SD2, Relating to Employment Security, is addressing the independent contractor determination under the Employment Security Law, Chapter 383, Hawaii Revised Statutes.  A court case on Maui where the Department was overturned in its determination of the employer-employee relationship and ruled the individual an independent contractor appears to be the motivation for this measure.  (See Maui News February 6, 2015, Chamber View).  The independent contractor classification has long been an avenue of abuse of workers in Hawaii as a method of relieving employers from their legal obligations to provide, workers compensation, health benefits, and unemployment benefits that protect employees. This is a nationwide issue and the labor departments across America struggle with finding the balance without leaving employees at risk.

Budget
HB 500 HD 1, Relating to the State Budget, has no surprises for the Division good or bad.  Our staffing and expenses are the same as last biennium, with all adjustments attributed to collective bargaining items.  (See page 419 of the Feb. 23 budget worksheets)  No restoration of the 7 positions lost since 2008, but no more reductions either.  We are in active recruitment for 3 Labor Law Enforcement Specialist positions. For the details on the positions see a former blog Open Recruitment for Labor Law Enforcement Specialists.

Open Recruitment for Labor Law Enforcement Specialist (LLES) at Wage Standards

   (NOTE: as of August 3, 2015 all positions have been filled.)
 The Wage Standards Division is recruiting for Labor Law Enforcement Specialists IV.  There are three positions available, all on Oahu.  Individuals may qualify to interview at lower levels.  That means that entry level applicants (LLES I, II, and III) will be considered.  If hired at a lower level, you can progress through the series until you reach LLES IV.  Typically those hired at LLES I, will take approximately 2 1/2 years to progress to a LLES IV.   For all levels you need to have a 4-year college degree and at least one class of bookkeeping (specialized experience may qualify but check the requirements in the recruitment notice).

What does it pay?
    Salaries for the LLES I level start at $37,464 (SR 16), in six months you may qualify for LLES II, which is $40,548, (SR 18),  after a year at LLES II, you have the time experience to qualify for LLES III, (SR 20) which currently pays $43,812.  Finally, after a year of being a LLES III, you would have the time experience to qualify for LLES IV (SR 22), which is the top of the series.  The range of annual salary for LLES IV is currently $47,400 to $70,188 annually.  A complete list of the Unit 13 salaries can be found here.  Increases to the salary schedules have already been finalized for 2016 and 2017.  A complete description of benefits offered to the State civil service employees can be found on the Department of Human Resources Development webpage.

What does an LLES do?
    LLESs  are the Division's investigators.  They meet with employers and employees, review records, interview witnesses and identify and cite violations of the law.  Being a LLES IV at the Wage Standards Division means that every day will be different and interesting.  You will learn investigation techniques, communication tools, record keeping and reporting processes.  Individuals who have strong communication abilities, are organized, good listeners, and problem-solvers will likely enjoy this career very much.  This is a rare opportunity that the positions are opened up for public recruitment because many of the people in the Division come here and stay until they retire because the job is both challenging and personally rewarding via the public service provided.  Check out our website to see the many things we do here at WSD, and see if you think this type of work is something you would excel at. (edited 10/20/15)