28th Hawaii Legislative Session Opens!



Senate Chamber Opening ceremonies. (KHON photo)

         January 21, 2015 marks the opening of the 28th Hawaii Legislative Session.  Our office will be monitoring and testifying on bills that impact the laws Wage Standards Division administers and enforces.  Returning Labor and Public Employment Committee chair Representative Mark Nakashima from House District 1 on the Big Island and Senator Gilbert S.C. Keith-Agaran, from Senate District 5 on Maui will be the key leaders for all matters related to labor issues.

Meanwhile, on the north shore of Oahu, Waimea Beach was closed today due to high surf. 


Surfers at Waimea Beach, Oahu (KHON Photo)

Free Employment Protections for Pregnant Workers Webinar

Received this in my e-mail and wanted to share with everyone who is interested.  This is from US DOL's Women's Bureau. You can register by clicking here. I'm interested to hear if they mention Hawaii during the webinar.  It will be held 9 a.m. Hawaii Standard Time.   The Women's Bureau invites you  to a webinar Know your Rights:  Employment Protections for Pregnant Workers TuesdayJanuary, 27th2:00-3:15 p.m. EST To register for the webinar, please click here and use password: Welcome!23    Get the teleconference audio by calling:  888-957-9827 Pass code: 9688432 ABOUT THIS WEBINAR This webinar is the second in a series hosted by the Women’s Bureau that explores key policy and programs for working women. This installment showcases the Women’s Bureau's work on educating workers about pregnancy protections provided under the law and also highlights recent developments at the state level. The program will include an introduction by the Director of the Women's Bureau, Latifa Lyles, followed by three speakers. Sarah Crawford from the Equal Employment Opportunity Commission who will discuss the updated enforcement guidance and the EEOC’s stepped up focus on pregnancy protections. Melissa Josephs from the Chicago-based Women Employed will talk about the recent enactment of the Pregnancy Fairness Law in Illinois, the unanimous support it received from the legislature, and what they expect as the law goes in to effect. Dina Bakst from A Better Balance will discuss similar laws in place in Delaware, New York City, and other states and cities. MODERATED BY: Latifa Lyles Director, Women's Bureau, U.S. Department of Labor SPEAKERS INCLUDE: Sarah Crawford Attorney Advisor, Office of the Chair,  Equal Employment Opportunity Commission  Melissa Josephs Director, Equal Opportunity Policy, Women Employed Dina Bakst Co-Founder and Co-President, A Better Balance For more information on the Women's Bureau and other programs or events in your region, please visit us at WWW.DOL.GOV/WB Questions? Contact Us STAY CONNECTED: SUBSCRIBER SERVICES: Manage Preferences  |  Unsubscribe  |  Help Got this as a forward? Sign up to receive our future emails. This email was sent to pamela.b.martin@hawaii.gov using GovDelivery, on behalf of: United States Department of Labor · 200 Constitution Ave., NW · Washington, DC 20210 · 1-866-4-USA-DOL (1-866-487-2365)

Budget Hearing for DLIR Today at 10

     Today, at 10:00a.m the DCCA and DLIR are scheduled to give an informational briefing to the joint meeting of the House Finance Committee and the Senate Ways and Means to review the proposed budget.  Everything is status quo, that is, the money and number of positions for Wage Standards Division is the same as last year.  The meeting will be in the Capitol Auditorium.  It is supposed to be televised on Channel 54 of Olelo.

    The Governor has posted the executive budget  on the Governor's webpage.  Click here to see the DLIR Budget.  Wage Standards is just a drop in the bucket of the $12.6 billion dollar budget with just under $1 million for 17 positions, and a $24,000 operating budget going to Wage Standards.  It is good money spent though with 14 hard working folks out there protecting working teens, recovering unpaid wages for employees, and protecting employees when they are wrongfully terminated because they were caring for a sick family member or were out with a workers compensation injury.  With three Labor Law Enforcement Specialist positions in recruitment right now, this will be a rebuilding year for the Wage Standards Division.

2013 Workers Compensation Data Book Released

 

The Research and Statistics Division has just released the 2013 Workers Compensation Data Book.  It's a cornucopia of facts about workers compensation in Hawaii.  The good news is that reported workers compensation injuries have declined while the work force has increased. Those are stats moving in the right direction.

New Minimum Wage Poster Available on Website

The 4-step increase in Hawaii's minimum wage of Act 82 Session Laws of Hawaii 2014, began January 1, 2015, by increasing the minimum wage to $7.75 per hour.   The new notice that is required to be posted can be found on the Wage Standards webpage (labor.hawaii.gov/wsd).

In addition to the minimum wage increases, the heavily debated tip credit, also increased from 25 cents to 50 cents as well as the trigger to allow the credit.  Previously, employers were allowed to take a 25 cent tip credit if the employee made at least an additional 50 cents an hour above the minimum wage (at least 75 cents per hour in tips).    As of January 1, 2015, employers may take a 50 cent tip credit as long as the employee earns at least $7 more than the minimum wage, or $14.75 an hour including tips.  This means the employee must make at least $7.50 an hour in tips for the employer to take the 50 cent credit and pay a cash wage of $7.25 instead of the statutory $7.75.

(How the $7 figure for tip credit was arrived at is discussed in the April 22, 2014 blog on Minimum Wage Update.)

The Wage Standards Division recognizes that this could be a little confusing and developed a chart to identify the amounts that need to be earned in tips by employees and the amount of cash wages paid by the employer in various situations.  The chart can be found by clicking here.  Note that Exhibit 1 pertains to last calendar year 2014, Exhibit 2 to calendar year 2015, Exhibit 3 to calendar year 2016, etc.

A reminder that employers are required by law to keep payroll records under section 387-6, Hawaii Revised Statutes, section 388-7, Hawaii Revised Statutes, and Hawaii Administrative Rules 12-20-12.   Employers must be able to prove that employees did in fact earn the $7.50 in tips to take the 50 cents tip credit, which makes accurate record keeping a tool that protects the employer.

Open Government-Employee Wages Found Due

Several members of Wage Standards attended the Hawaii Digital Conference on December 16.  As much of it was aimed at the technical side of things there was plenty of material that went over our "program-oriented" heads.   Hawaii's Chief Information Officer Keoni Kali referred to Act 263, 2013, and the Hawaii's open data page data.hawaii.gov. I had heard about this but have not yet figured out how we could participate.  What I walked away with from the summit, and I think what our new Governor Ige would support, is an initiative to promote more open data via this blog.  If you have any ideas on what type of information you would like to see let us know.

As 2014 draws to a close I think a proper resolution for 2015 would be to provide more data regularly, directly out of our office. 

Our Division is small, but important to our clients.  Keeping kids safe on the job, and collecting  money due employees that was earned and should be paid to them are important parts of our role.

To start, I'd like to reproduce a list of about 170 names and dollar amounts in back wages from various employers that we have collected over the years for individuals and have not been able to locate.  If your name appears on this list you can contact us and provide some further basic information to confirm your claim. Please come in to our office on Oahu at 340 Punchbowl, Room 340, Honolulu or call  808-586-8777 and leave your name and how we can contact you.  We are in the process of moving these claims to the unclaimed property division, so we urge you to call us soon.

Abero, Raymond H. M.-$1,830.50

Afong, Joseph T.-$631.78
Agbayani, Jr., Robert S.-$791.61
Agbayani, Ryan K.-$923.02
Agena, Asia-$551.25
Alejado, Paul-$579.36
Andres, Edward-$1,937.36
Andrzejewski, Jeffrey-$636.15
Arias, Jerry-$992.02
Bailey, Albert J.-$7,415.74
Balictar, Eugene-$1,699.82
Balite, Roger-$1,746.72
Barut, Felix-$649.64
Bautista, Greg-$1,622.34
Bell, Jack P.-$811.35
Belvery, Johnny-$1,088.42
Bennet, David Mike-$1,431.30
Bingham, Christine-$606.00
Blackburn, Douglas-$2,109.79
Bodahske, Daniel-$741.91
Bonilla, Henry-$720.00
Britto, Ian-$727.20
Broerman, Kenneth Lee-$1,041.55
Campana, Chris-$2,677.50
Campos, Mitchell-$742.08
Casey, Anthony-$1,197.50
Cera, Dionecia-$1,251.04
Chang, Mirum-$521.92
Ching, Christy K.-$1,550.00
Christmann, Christine-$2,243.07
Clark, Daniel A.-$2,466.90
Cline, Ronald-$2,083.06
Coates, Todd-$753.76
Conle, Aecha-$1,701.44
Conroy, Thomas-$824.47
Contessa, Lynn-$542.82
Contessa, Vance-$642.18
Correia, Gloriageen K.-$581.56
Cortez, Hilario-$530.18
Cuban, Jr., Michael-$841.00
Darisay, Ernest-$2,869.23
Dominquez, Gilbert-$1,165.80
Dove, Ariel-$1,025.67
Duarte, Myron-$2,089.12
Duenas, Robert-$935.25
Dunbar, Cynthia L.-$525.00
Dundas, Rob-$1,275.30
Dundas, Tom-$4,672.44
Durrell, Torry J.-$1,064.39
Duvall, Alexander-$712.38
Dy, Sanford-$2,027.48
Feddersen, Larry-$2,839.01
Felise, Ioane (John)-$1,428.16
Felix, Ringko J.-$716.00
Fotu, Sosiua-$2,654.08
Garcia, Thomas-$794.80
Gaul, Ron-$1,291.05
Godinet, John-$7,526.19
Gomes, Jonathan-$19,181.14
Hall, Michael D.-$1,120.11
Hanks, William-$646.49
Hanson, David-$2,034.29
Honda, Francis M.-$1,238.04
Hoopai, Tuulima-$759.21
Huntley, Daniel-$510.20
Iokia, Sherwood-$1,570.94
Joens, Christopher-$2,874.50
Kaahaaina, Rickie-$2,109.25
Kalles, Shawn-$2,531.89
Kamahiai, Walter-$4,697.92
Kamalu, Derard-$507.79
Kekahuna, Chris-$1,112.26
Kekuawela, Ryan K.-$2,327.51
Kelly, Chris-$936.20
Kidani, Daryl-$559.95
Kim, Gerardo-$997.98
Kim, Ki Chang-$7,297.34
Kolo, Rick-$2,029.13
Kurahashi, Judy-$507.00
Lacno, Donald-$580.80
Lakatani, Jonah-$14,374.13
Lamboya, Faustina-$17,746.13
Laney, James Willie-$903.26
Lau, John-$1,414.06
Lee, Norman-$6,687.42
Lee, Soon Kyn-$1,327.45
Leung, Timons-$1,009.06
Loi, Canton-$510.60
Lucero, Norberto-$1,776.84
Maesaka, Sky-$3,827.32
Mahoe, Robin-$14,767.85
Mann, Robert T.-$1,300.07
Matila, Setoga-$909.64
Mattes, Angela-$695.28
Matuu, Lafoaina Jr.-$1,660.06
McQuillan, Ralph-$964.41
Meacham, Lopaka-$1,429.68
Medeiros, Hoburn-$725.50
Medeiros, Justin-$1,030.40
Medina, Alfredo-$851.53
Mendham, Sina-$936.00
Molina, Teddy Alexie-$707.04
Moreno, Antonio-$1,411.48
Naeata, Viliami U.-$2,448.13
Narzisi, Frank-$3,397.33
Oneha, Harry-$1,922.94
Paguyo, Calvin-$890.58
Park, Benjamin-$692.24
Park, Kyung-$3,245.25
Pasa, Shannon-$2,033.06
Payapaya, Robert-$781.01
Pellant, Aaron-$551.36
Pero, Randy-$1,866.72
Perreira, Leroy-$13,696.29
Pfisterer, Luisina-$682.50
Phillips, Robey-$1,623.56
Pinzon, Yolando-$516.10
Power, Peter Sean-$1,377.70
Powers, Derek-$568.37
Prescott, Manisela-$1,188.75
Ramirez, Rizalina-$684.85
Rapera, Ernest-$6,579.49
Re', Constantza-$630.00
Regan, Shaye-$1,267.88
Roberts, Joshua-$676.97
Robinos, Pedrito-$2,008.64
Rupp, Joel-$1,507.79
Safua, Tau-$542.04
Salvador, Norbert-$513.62
Sanchez, Mathews A.-$3,318.30
Scott, Ellis W.-$1,580.38
Shiley, James M.-$1,634.92
Shin, Dong Won-$801.35
Silva, Robert-$3,728.15
Sima, Qiong-$1,326.53
Snyder, Debbie Y.-$2,109.25
Song, Chong Kil-$1,054.84
Spencer, Thomas-$1,095.71
Streater, Greg-$1,003.87
Suemad, Francis-$1,992.33
Suzuki, Shelly Dee-$807.60
Tabag, Lukela-$711.17
Tagapuen, Jacinto-$577.80
Tangaro, Enrique-$2,734.12
Tennberg, Gabriel-$1,435.62
Tilton, Louis-$818.42
Tolentino, Henry-$830.25
Torralva, Martin-$506.92
Tulane, Kenneth-$1,553.87
Valdez, Edwin-$1,163.50
Valdez, Jorge Eduardo Garcia-$1,928.16
Valencia, Richard-$2,370.72
Valera, Milagrosa-$1,179.79
Van Ekelenburg, John-$500.00
Villanueva, Paulino-$1,529.04
Waa, Harry-$725.18
Wagner, John-$1,306.72
Wells, Darin-$950.84
Williams, Yoko-$2,641.75
Wood, Richard M.-$1,327.90
Yacapin, Bryan-$1,129.36
Yrojo, Lynelle-$1,361.48 (paid 2/27/15)
Zane, Eric-$1,220.70

The Level Playing Field of Prevailing Wages

     The Hawaii prevailing wage law for the construction of public works  requires the Director of Labor to set the hourly rates that must be paid to  laborers and mechanics working on the job site.  The law is premised on providing a level playing field for those bidding on jobs that will be paid for or financed with public funds.  By requiring contractors to pay the same rates for the same jobs,  the bid is won by the expertise and efficiency of the contractor and not because their laborers and mechanics on the projects were paid less than another bidder.   
       Classification of the job is based on the prevailing practice in Hawaii.  Whenever there is a question or an issue determining what classification a particular type of job belongs to the Division reaches out to relevant stakeholders to iron out the distinguishing factors.  Recently we had some issues come up regarding Floor layers, Laborers, and Plumbers.  We were able to sort out the details by sitting down with all the relevant parties and create guidance memos.  The memos serve to maintain enforcement continuity from agency to agency and provide information to contractors who are bidding on projects.

     To see the latest memos on Floor Layers and sewer line pipe cleaning and inspection , and others, see the Wage Standards Division website, and look for "Guidelines" or click on "Read More" under the Prevailing Wage photo.