Recent Press Release

Yesterday, the USDOL issued a press release about developments in the cooperation between certain state and federal agencies concerning the identification of employers who misclassify employees as independent contractors rather than employees. See PBN article http://www.bizjournals.com/pacific/blog/morning_call/2011/09/hawaii-working-with-labor-department.html. Yes, Director Takamine signed a Memorandum of Understanding with the US DOL Regional Director of the Wage and Hour Division, George Friday, in August that formalized an ongoing relationship between the Hawaii District Office, Wage and Hour Division of the US DOL and the Hawaii Wage Standards Division of the Hawaii Department of Labor and Industrial Relations. Our offices have collaborated on several projects in the recent past. Last year both offices joined the Hawaii Dept. of Agriculture and went to all neighbor islands discussing the special wage laws about agriculture. The two offices regularly work together on enforcing child labor laws and have made joint presentations on the Family Medical Leave Act and the Hawaii Family Leave Law, and Davis Bacon Act and Hawaii's prevailing wage law, Chapter 104, Hawaii Revised Statutes.

Wage Rate Schedule to be released Friday.

    The Wage Rate Schedule #476 effective September 19, 2011 will be available to the public on the Department's website on Friday, September 16, 2011.  It is always important for contractors to check the classifications of laborers and mechanics they employ to make sure current rates are being paid.  This is a major difference between State and county public works and federal public works.  On State and county public works projects contractors are required to pay the most current rate regardless of the date when the project was awarded.  This differs with federal public works projects where only one wage rate schedule is issued for the duration of the project.
    Wage Rate Schedule #476 will not have a separate classification of Fence Erector (chain-link).  Hawaii law (see Section 104-2(a)(2), Hawaii Revised Statutes) states that Hawaii rates can not be less than the federal rate for the same classifications.  The federal wage rate schedule has removed the classification and Fence Erector (chain-link) is being removed from the State list as well.  Work that was formerly classified as Fence Erector (chain-link) will now be considered Laborer II work.

What is the Student worker wage rate in Hawaii?

The Division maintains a facebook page for teens called Hawaii Teens at Work as a form of outreach. The people that connect with the page are both teens and parents. The question "what is the student-worker wage rate?" was presented this week and presents some interesting issues.
The topic of a student-worker wage rate has not been a pressing concern in recent times because for so long there was drought of labor. During the last two to three years we've watched the job market dry up, especially for teens. Looking through the old Hawaii Administrative Rule publications the Wage Standards Division has a publication under Title 12, Chapter 20, Subchapter 4, Employment of Student-Workers. These are rules enacted under the authority of the Wage and Hour Law, Chapter 387, Hawaii Revised Statutes. The rules provide that full-time students working part-time (no more than 4 hours a day, or 8 hours on a non-school day, and not more than 25 hours a week) can be paid 85% of the minimum wage if the employer applies for a certificate and the Director of Labor issues it prior to the student-worker working for the special minimum wage.
Special minimum wage certificates are good for only a year and have to be re-applied for on annual basis. The Hawaii Teens at Work inquiry appeared to be looking for an advantage to offer potential employers to hire students by paying a lower wage. What employer wouldn't want that for any entry-level position. While issuing student workers a special minimum wage is not de rigueur for this office, the Hawaii state law does allow it.
Alas, since the federal government has raised the federal minimum wage to $7.25, any special minimum wage (or sub-minimum wage in federal terms) may run afoul of the Fair Labor Standards Act (FLSA). Employers and employees should be aware of this potential pitfall and check with the local US DOL Wage and Hour division at 541-1361

Speaking at American Payroll Association Hawaii Chapter Aug. 11

The local chapter of the American Payroll Association has asked me to speak at their lunch meeting on August 11 at the Ceridian Lunch Room at 2828 Paa Street. The topic will be Chapter 104 Basics. I've taken our basic workshop which is normally 2 to 2 1/2 hours and pared it down to 45 minutes to focus on certified payroll issues, particularly overtime and fringe benefits and give some current data on the work we've been doing. The presentation will also include recent legislative changes to the law. I'm looking forward to this presentation because the audience has always been interesting and they always teach me something.

Child Labor Violations

The safety of young workers has been a priority for the Division since its beginning. The federal government issues a series of Hazardous Occupations Orders (HOs) identifying work that should not be allowed for workers under age 18. The jobs considered hazardous appear in the Hawaii Administrative Rules (HAR) Title 12, Chapter 25, Sub-chapter 4. The Hawaii rules are based substantially upon "Regulation XXXIII, Relating to Hazardous Occupations for Minors Under Eighteen Years of Age" of the Department of Labor and Industrial Relations", so when the federal government makes adjustments, it is important for us to review. On July 13, 2011, the U.S. Dept. of Labor issued a Field Assistance Bulletin that addresses H.O. #7 addressing power-driven hoisting apparatus and can be viewed here. The correlating Hawaii Rule is 12-25-45, HAR.
The federal Bulletin allows the use of discretion in pursuing child labor violations when a 16 or 17 year old operates a hoisting apparatus at a nursing home. Using power driven hoisting equipment is still prohibited, but a 16 or 17 year old may be the junior member of a "team" who works a patient hoisting apparatus. Hawaii takes a similar stance, the 16 or 17 year old may be a helper, but can not operate the hoist.

Prevailing Wage Conference by Feds

The U.S. Department of Labor, Wage and Hour Division (Hawaii Wage Standards Division federal counterpart) is having a FREE Prevailing Wage Conference in Hawaii July 20, and 21, for more information check out this link to the announcement.

If you have (or want) a federal contract you will want to attend this conference. It covers both construction and service related industry information. Space is limited so act quickly.

Time Sheet App

This week the US Department of Labor issued a new Time Sheet App for iPhones and iPads. I don't have an iPhone or an iPad so I haven't had a chance to check it out. It's supposed to be a tool for employees to track their hours, so they can monitor their paycheck and be sure they have been paid the correct amounts. The DLIR has a link to the application on their Home page under Tools. If anyone uses it. Let us know what you think.