Next Wednesday May 15th, Job Fair @ Neal Blaisdell Center. 9am~3pm. Admission $3. Seniors, students, and military with valid ID, $1. For flyer click HERE.
If you are looking for new employees call (808) 536-7222 to be included as an exhibitor. If you are looking for a job check out http://success-hi.com where you can pre-register and get the process started!
You can also follow their facebook page at https://www.facebook.com/#!/HawaiiJobFairs?fref=ts
Tuesday, May 7, 2013
Monday, May 6, 2013
Free Prevailing Wage Workshop Scheduled
The Division recently announced there will be a free prevailing wage workshop for construction contractors who work on state and county construction projects. The workshop will be on Thursday, May 23, from 8:30 to 11:30, in the 3rd Floor Conference Rooms of the Ke'elikolani Building, 830 Punchbowl St., Room 310, Honolulu. To sign up see the flyer.
This workshop provides an overview of the Wages and Hours of Employees on Public Works Law, Chapter 104, Hawaii Revised Statutes and the related Hawaii Administrative Rules. This law is the State version of the Federal Davis-Bacon Act for federal construction projects and while similar, it has some very different provisions that will be hightlighted. The class will also review sample certified payrolls to understand how to avoid common mistakes. All are welcome.
This workshop provides an overview of the Wages and Hours of Employees on Public Works Law, Chapter 104, Hawaii Revised Statutes and the related Hawaii Administrative Rules. This law is the State version of the Federal Davis-Bacon Act for federal construction projects and while similar, it has some very different provisions that will be hightlighted. The class will also review sample certified payrolls to understand how to avoid common mistakes. All are welcome.
Thursday, May 2, 2013
Adjournment Sine Die
The 2013 Session comes to an end today. According to the Webster's Ninth New Collegiate Dictionary (and Wikipedia), the term adjournment "sine die" comes from the Latin for "without day" meaning the session is adjourned without any future date being designated. This technically leaves the door open to special session but so far there doesn't seem to be any undercurrent that will happen, but you can never tell.
Minimum wage
You'll recall earlier in this blog I was convinced that we'd have a new minimum wage by now. With proposals introduced and passed in both chambers it appeared an increase in minimum wage was due for Hawaii. As always, the devil is in the details. While both the House Draft and Senate Draft versions of Senate Bill 331 contained increases in the minimum wage to at least $7.75 for January 2014, the details about tip credit and whether or not the rate should be tied to the Consumer Price Index could not be worked out. So, unfortunately for the folks earning minimum wage, there won't be an increase in their paycheck unless there is national support for President Obama's proposal to raise the federal minimum wage to $9.00 or the Fair Minimum Wage Act of 2013 (H.R. 1010) that proposes an $8.20, $9.15, to $10.10 minimum wage over three years. H.R. 1010 also ties future increases to the Consumer Price Index and includes a substantial tip credit.
Record Keeping
Senate Bill 332, HD 2 is now Act 70, and makes some modifications to the current record keeping statute in the Wage and Hour Law, Chapter 387, Hawaii Revised Statutes. In addition it also requires employers to include their name and address on the pay statement in addition to the material already required. The requirement to include the rate of pay which was previously only in the Hawaii Administrative Rules is now required statutorily. This measure takes effect on January 1, 2014, so should provide ample opportunity for employers to adjust their record keeping and payroll systems to ensure compliance.
Domestic Service Employees
Hawaii's Wage and Hour Law, Chapter 387, Hawaii Revised Statutes has always exempt individuals in domestic service employed in our about the home of their employer. Senate Bill 535, CD 1 limited that exemption to only those individuals working in the home of their employer either in domestic service on a casual basis, or providing companionship services for the aged or infirm. We have previously considered companionship services to be domestic services so that provision has not changed our treatment except to limit the exemption to those assisting the "aged" or "infirm". The definition of "casual basis" will get further review. If you have questions I urge you to contact me at pamela.b.martin@hawaii.gov.
The biggest wage and hour impact of this measure will be on those individuals in Hawaii who work as live-in domestic service workers and are currently exempt from overtime under the Federal Labor Standards Act (FLSA) and the Hawaii Wage and Hour Law. With the passage of SB 535 CD1, live-in domestic service workers will be subject to the Hawaii minimum wage and overtime laws. This bill is effective upon approval, so employers with domestic workers in and about their home will need to start thinking about compliance now.
This measure also extended important civil rights to domestic service workers who had previously been exempt.
Minimum wage
You'll recall earlier in this blog I was convinced that we'd have a new minimum wage by now. With proposals introduced and passed in both chambers it appeared an increase in minimum wage was due for Hawaii. As always, the devil is in the details. While both the House Draft and Senate Draft versions of Senate Bill 331 contained increases in the minimum wage to at least $7.75 for January 2014, the details about tip credit and whether or not the rate should be tied to the Consumer Price Index could not be worked out. So, unfortunately for the folks earning minimum wage, there won't be an increase in their paycheck unless there is national support for President Obama's proposal to raise the federal minimum wage to $9.00 or the Fair Minimum Wage Act of 2013 (H.R. 1010) that proposes an $8.20, $9.15, to $10.10 minimum wage over three years. H.R. 1010 also ties future increases to the Consumer Price Index and includes a substantial tip credit.
Record Keeping
Senate Bill 332, HD 2 is now Act 70, and makes some modifications to the current record keeping statute in the Wage and Hour Law, Chapter 387, Hawaii Revised Statutes. In addition it also requires employers to include their name and address on the pay statement in addition to the material already required. The requirement to include the rate of pay which was previously only in the Hawaii Administrative Rules is now required statutorily. This measure takes effect on January 1, 2014, so should provide ample opportunity for employers to adjust their record keeping and payroll systems to ensure compliance.
Domestic Service Employees
Hawaii's Wage and Hour Law, Chapter 387, Hawaii Revised Statutes has always exempt individuals in domestic service employed in our about the home of their employer. Senate Bill 535, CD 1 limited that exemption to only those individuals working in the home of their employer either in domestic service on a casual basis, or providing companionship services for the aged or infirm. We have previously considered companionship services to be domestic services so that provision has not changed our treatment except to limit the exemption to those assisting the "aged" or "infirm". The definition of "casual basis" will get further review. If you have questions I urge you to contact me at pamela.b.martin@hawaii.gov.
The biggest wage and hour impact of this measure will be on those individuals in Hawaii who work as live-in domestic service workers and are currently exempt from overtime under the Federal Labor Standards Act (FLSA) and the Hawaii Wage and Hour Law. With the passage of SB 535 CD1, live-in domestic service workers will be subject to the Hawaii minimum wage and overtime laws. This bill is effective upon approval, so employers with domestic workers in and about their home will need to start thinking about compliance now.
This measure also extended important civil rights to domestic service workers who had previously been exempt.
Tuesday, April 9, 2013
Domestic Workers Senate Bill 535
Women's caucus protecting domestic workers
I was at the House Judiciary hearing on Thursday, April 4 for SB 535 Relating to Labor. The bill's title is Domestic Workers Bill of Rights and extends minimum wage and overtime protections to domestic service workers who had previously been exempt. This is not an administration package bill and it is part of the Women's Caucus package. In addition to the extension of protections of minimum wage and overtime, the measure extends some specific civil rights protections under Chapter 378, Part I, Hawaii Revised Statutes, so Hawaii Civil Rights Commission as well as the Wage Standards Division were there testifying in support.
Objections
Before the Judiciary Committee Chair Rhoads called for the vote to pass the bill out with amendments, Representative Thielen was quite vocal about her objections to the measure. Her focus was not whether domestic service workers should receive minimum wage and overtime as provided in Sections 3 and 4, her objections were on the public outreach that had not been done on this measure, mostly related to the civil rights issues in Section 1 and 2. She voted no, and convinced Representative McDermott to vote no too.
Lack of citizen involvement
I thought Rep Thielen's point about how few people actually track legislation and don't even hear about it until it passes was the important message. Her main point was the effect of this measure will not impact business just families who employ people in their homes to assist in traditional family duties. Reiterating her support of the civil union measure and her concern for her constituents Rep. Thielen expected more public discussion on the issue.
Comments anyone?
This measure, SB 535 HD2, is going to conference committee now and is a measure the Department supports. No one can argue that participation of the community is essential if Hawaii wants to exercise democracy as it was designed. Comments are always welcome. (Of course, within the guidelines of the policy for this blog.)
I was at the House Judiciary hearing on Thursday, April 4 for SB 535 Relating to Labor. The bill's title is Domestic Workers Bill of Rights and extends minimum wage and overtime protections to domestic service workers who had previously been exempt. This is not an administration package bill and it is part of the Women's Caucus package. In addition to the extension of protections of minimum wage and overtime, the measure extends some specific civil rights protections under Chapter 378, Part I, Hawaii Revised Statutes, so Hawaii Civil Rights Commission as well as the Wage Standards Division were there testifying in support.
Objections
Before the Judiciary Committee Chair Rhoads called for the vote to pass the bill out with amendments, Representative Thielen was quite vocal about her objections to the measure. Her focus was not whether domestic service workers should receive minimum wage and overtime as provided in Sections 3 and 4, her objections were on the public outreach that had not been done on this measure, mostly related to the civil rights issues in Section 1 and 2. She voted no, and convinced Representative McDermott to vote no too.
Lack of citizen involvement
I thought Rep Thielen's point about how few people actually track legislation and don't even hear about it until it passes was the important message. Her main point was the effect of this measure will not impact business just families who employ people in their homes to assist in traditional family duties. Reiterating her support of the civil union measure and her concern for her constituents Rep. Thielen expected more public discussion on the issue.
Comments anyone?
This measure, SB 535 HD2, is going to conference committee now and is a measure the Department supports. No one can argue that participation of the community is essential if Hawaii wants to exercise democracy as it was designed. Comments are always welcome. (Of course, within the guidelines of the policy for this blog.)
Thursday, March 28, 2013
Pay workers for travel time to a job?
Travel time
The Wage Standards Division is often asked if an employer has to pay their employees for the travel time to a job site. Sometimes this can add thirty minutes to two paid hours to the work day traveling from the employer's shop to the work place. Who gets paid for that travel time to the job site depends on why the employees are taking the ride.
Convenience or need?
If the employee is required to report to the shop in the morning (e.g., attend a safety meeting, load company vehicle, etc.) and then drives/rides the company vehicle to the job site, the employee’s work day begins at the shop and ends when he/she returns back to the shop. If the employee is not required to report to the shop and may go directly from home to the job site, but merely stops at the shop for his/her own convenience of catching a ride and no work is performed at the shop, the employee’s work day begins when the employee reaches the job site, and ends when the employee completes his/her work at the job site.
Public works also.
The application of the paid travel time for general business enterprises also applies to construction companies working on state and county public works under Chapter 104, Hawaii Revised Statutes.
The Wage Standards Division is often asked if an employer has to pay their employees for the travel time to a job site. Sometimes this can add thirty minutes to two paid hours to the work day traveling from the employer's shop to the work place. Who gets paid for that travel time to the job site depends on why the employees are taking the ride.
Convenience or need?
If the employee is required to report to the shop in the morning (e.g., attend a safety meeting, load company vehicle, etc.) and then drives/rides the company vehicle to the job site, the employee’s work day begins at the shop and ends when he/she returns back to the shop. If the employee is not required to report to the shop and may go directly from home to the job site, but merely stops at the shop for his/her own convenience of catching a ride and no work is performed at the shop, the employee’s work day begins when the employee reaches the job site, and ends when the employee completes his/her work at the job site.
Public works also.
The application of the paid travel time for general business enterprises also applies to construction companies working on state and county public works under Chapter 104, Hawaii Revised Statutes.
Thursday, February 28, 2013
Art in Public Places
Today is a great day for me and I thought it was going to be a very sad one. As part of the Art in Public Places I have lived with a large pastel drawing in my office by Kauai artist Sally French called "Hot Lips". It is a drawing of a fire breathing monster and makes a statement about the choices we make in love. It has been a comforting friend for all the years I have been in this office and a whimsical point of conversation to visitors.
Today, was the day the State Foundation on Culture and the Arts (SFCA) removed it from my office to re-locate it to the Capitol in the office of Representative Mark Nakashima. Representative Nakashima and I share the love for this special work of art. I have worked side-by-side with Hot Lips in my office since 2005, so I knew giving it up was the right thing to do, afterall, it is part of the Re-locatable Collection, and it was going to someone who would appreciate it too!
When I called SFCA to arrange for the move, they were very sympathetic to my sense of loss and promised me an opportunity to find a new treasure. Everyone knows change is difficult and finding love is, well, not easy. When the curator came to my office with the stack of "available" pieces I asked, "Do you have any Eli Baxter?" The curator ruffled through the stack of sculpture cards and found two pieces I recognized immediately and was so happy to provide a home. After we sifted through more than two or three dozen cards in the "large" painting category to fill the empty space on my wall. . . I found them. Instantly, I knew I was going to have two new friends: Masami Teraoka's "Janet" and "Emu Woman". They were installed this morning and are watching over me now.
So today, I thought I was going to lose something and instead gained four new points of inspiration! Change is a funny thing...we dread it and when it gets there, it greets us with a big warm embrace, and we can't remember what we were afraid of. Oh yeah, and any time I want to visit my old friend "Hot Lips" I can just visit Representative Mark Nakashima in Room 406 at the Capitol. I love the Art in Public Places program. Mahalo Hawaii.
This Friday, March 1, First Friday, you can see the State collection at HISAM, and on April 5, the Capitol will participate in Art at the Capitol. Go see for yourself!
Today, was the day the State Foundation on Culture and the Arts (SFCA) removed it from my office to re-locate it to the Capitol in the office of Representative Mark Nakashima. Representative Nakashima and I share the love for this special work of art. I have worked side-by-side with Hot Lips in my office since 2005, so I knew giving it up was the right thing to do, afterall, it is part of the Re-locatable Collection, and it was going to someone who would appreciate it too!
When I called SFCA to arrange for the move, they were very sympathetic to my sense of loss and promised me an opportunity to find a new treasure. Everyone knows change is difficult and finding love is, well, not easy. When the curator came to my office with the stack of "available" pieces I asked, "Do you have any Eli Baxter?" The curator ruffled through the stack of sculpture cards and found two pieces I recognized immediately and was so happy to provide a home. After we sifted through more than two or three dozen cards in the "large" painting category to fill the empty space on my wall. . . I found them. Instantly, I knew I was going to have two new friends: Masami Teraoka's "Janet" and "Emu Woman". They were installed this morning and are watching over me now.
So today, I thought I was going to lose something and instead gained four new points of inspiration! Change is a funny thing...we dread it and when it gets there, it greets us with a big warm embrace, and we can't remember what we were afraid of. Oh yeah, and any time I want to visit my old friend "Hot Lips" I can just visit Representative Mark Nakashima in Room 406 at the Capitol. I love the Art in Public Places program. Mahalo Hawaii.
This Friday, March 1, First Friday, you can see the State collection at HISAM, and on April 5, the Capitol will participate in Art at the Capitol. Go see for yourself!
Friday, February 22, 2013
Minimum wage
Similar Ideas
Just when I thought Hawaii was going to get ahead of the federal minimum wage the President announces in his State of the Union that he wants to raise minimum wage to $9.00 and then tie it to an index that will automatically adjust it, and reminds everyone his competition agrees with him! This is what he said:
The Governor has already introduced House Bill 916, that proposes we raise the minimum wage to $8.75 as of January 1, 2014, then each first of the year beginning January 1, 2015, the consumer price index would be used to keep the minimum wage on pace with the economy. Ten other states already do a version of this. See Arizona, Colorado (Article XVIII, Section 15 Colorado Constitution), Florida, Missouri, Montana, Nevada, Ohio, Oregon, Vermont and Washington.
The cost of living index used to adjust minimum wage in House Bill 916 is the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). This is the same type of index used in calculations in other states with this method. The difference will be the Consumer Price Index used for each state will relate to the respective State, while the National minimum wage will likely be a national average. So while similar adjustment factors are used, the percentages of the change will be different to reflect the local area experience.
Another measure modifying the minimum wage that is still active in the Senate is Senate Bill 331,SD2. This bill increases the minimum wage in three stages ($8.25 by January 1, 2014; $8.75 by January 1, 2015; and $9.25 by January 1, 2016) then each year from January 1, 2017 adjusts the minimum wage by the same index as House Bill 916, although SD2 articulated Honolulu region.
Finally, there is a third minimum wage provision House Bill 1028,HD2 , that has just four stages of increase ($7.75 on January 1, 2014; $8.25 January 1, 2015, $8.75 on January 1, 2016 and $9.00 on January 1, 2017 HD2 version) without any adjustment by the Consumer Price Index. If the President is successful in putting a minimum wage of $9.00 in place with adjustments each year by the Consumer Price Index, the proposal in House Bill 1028 will not keep up with the federal limits.
Tip credit
House Bill 916, also includes an increase in tip credit. Employers who have tipped employees would be allowed to deduct 30 cents from the minimum wage as long as the employee is earning a combined amount from wage and tips of an additional 50 cents per hour in tips. So if the minimum wage were $8.75, the employer may pay the tipped employee $8.45 per hour, as long as the combined amount of wages and tips is at least $9.25.
SB 331, SD 2, now contains an undetermined amount of tip credit.
(This blog was updated 3/4/13 to reflect current Senate and House Drafts)
Just when I thought Hawaii was going to get ahead of the federal minimum wage the President announces in his State of the Union that he wants to raise minimum wage to $9.00 and then tie it to an index that will automatically adjust it, and reminds everyone his competition agrees with him! This is what he said:
Tonight, let’s declare that in the wealthiest nation on Earth, no one who works full-time should have to live in poverty, and raise the federal minimum wage to $9.00 an hour. This single step would raise the incomes of millions of working families. It could mean the difference between groceries or the food bank; rent or eviction; scraping by or finally getting ahead. For businesses across the country, it would mean customers with more money in their pockets. In fact, working folks shouldn’t have to wait year after year for the minimum wage to go up while CEO pay has never been higher. So here’s an idea that Governor Romney and I actually agreed on last year: let’s tie the minimum wage to the cost of living, so that it finally becomes a wage you can live on.If this sounds familiar, on January 22, Governor Abercrombie made a similar statement.
See http://www.whitehouse.gov/the-press-office/2013/02/12/president-barack-obamas-state-union-address-prepared-delivery
Many of Hawaii’s residents are the products of plantation-era workers – people who worked and toiled in the fields, earning the bare minimum in order to afford a better opportunity for their families.
Today, there still exists a hard-working sector of our society that deserves continued recognition. These are the working-class residents who earn the minimum wage. The minimum wage, currently at $7.25 per hour, has not increased for over 6 years. Nineteen other states plus the District of Columbia have higher minimum wage rates than Hawaii, with less to confront in terms of cost of living.
Therefore, I will be proposing a bill to increase the minimum wage by $1.50, to $8.75 starting in January 2014. Minimum wage earners provide immediate infusion of dollars into the economy. Everyone is worthy of their labor. Industry and corporations do not lack for support in these halls. Neither should those who work the hardest for the least return.What's the difference?
See: http://governor.hawaii.gov/2013-state-of-the-state/
The Governor has already introduced House Bill 916, that proposes we raise the minimum wage to $8.75 as of January 1, 2014, then each first of the year beginning January 1, 2015, the consumer price index would be used to keep the minimum wage on pace with the economy. Ten other states already do a version of this. See Arizona, Colorado (Article XVIII, Section 15 Colorado Constitution), Florida, Missouri, Montana, Nevada, Ohio, Oregon, Vermont and Washington.
The cost of living index used to adjust minimum wage in House Bill 916 is the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). This is the same type of index used in calculations in other states with this method. The difference will be the Consumer Price Index used for each state will relate to the respective State, while the National minimum wage will likely be a national average. So while similar adjustment factors are used, the percentages of the change will be different to reflect the local area experience.
Another measure modifying the minimum wage that is still active in the Senate is Senate Bill 331,SD2. This bill increases the minimum wage in three stages ($8.25 by January 1, 2014; $8.75 by January 1, 2015; and $9.25 by January 1, 2016) then each year from January 1, 2017 adjusts the minimum wage by the same index as House Bill 916, although SD2 articulated Honolulu region.
Finally, there is a third minimum wage provision House Bill 1028,HD2 , that has just four stages of increase ($7.75 on January 1, 2014; $8.25 January 1, 2015, $8.75 on January 1, 2016 and $9.00 on January 1, 2017 HD2 version) without any adjustment by the Consumer Price Index. If the President is successful in putting a minimum wage of $9.00 in place with adjustments each year by the Consumer Price Index, the proposal in House Bill 1028 will not keep up with the federal limits.
Tip credit
House Bill 916, also includes an increase in tip credit. Employers who have tipped employees would be allowed to deduct 30 cents from the minimum wage as long as the employee is earning a combined amount from wage and tips of an additional 50 cents per hour in tips. So if the minimum wage were $8.75, the employer may pay the tipped employee $8.45 per hour, as long as the combined amount of wages and tips is at least $9.25.
SB 331, SD 2, now contains an undetermined amount of tip credit.
(This blog was updated 3/4/13 to reflect current Senate and House Drafts)
Subscribe to:
Posts (Atom)
