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THE SENATE |
S.B. NO. |
2704 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COMPENSATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 104-1, Hawaii Revised Statutes, is amended to read as follows:
"§104-1 Definitions. As used in this chapter, the following words and phrases shall have the following meanings:
[(1)] "Basic hourly rate"
means the hourly wage paid to a laborer or mechanic for work performed during
nonovertime hours, but shall not include the cost to an employer of furnishing
fringe benefits whether paid directly or indirectly to the laborer or mechanic
as provided in [paragraph (7);] the definition of "wages".
[(2)] "Construction" includes
alteration, repair, painting, and decorating[;].
[(3)] "Department" means the
department of labor and industrial relations[;].
[(4)] "Director" means the
director of labor and industrial relations of the State[;].
[(5)] "Governmental contracting
agency" means the State, any county and any officer, bureau, board,
commission, or other agency or instrumentality thereof[;]
[(6)] "Overtime compensation"
means compensation based on not less than one and one-half times the
laborers or mechanics basic hourly rate of pay plus the cost to an employer of
furnishing a laborer or mechanic with fringe benefits as described in [paragraph
(7);] the definition of "wages".
[(7)] "Wages", "rate of
wages", "wage rates", "minimum wages", and
"prevailing wages" mean the basic hourly rate and the cost to an
employer of furnishing a laborer or mechanic with fringe benefits, including
but not limited to health and welfare benefits, vacation benefits, and pension
benefits, whether paid directly or indirectly to the laborer or mechanic."
SECTION 2. Section 104-2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) No laborer or mechanic employed on the job site of any public work of the State or any political subdivision thereof shall be permitted or required to work on Saturday, Sunday, or a legal holiday of the State or in excess of eight hours on any other day unless the laborer or mechanic receives overtime compensation for all hours worked on Saturday, Sunday, and a legal holiday of the State or in excess of eight hours on any other day. The rate for overtime compensation shall be the rate specified in a collective bargaining agreement when the basic hourly rate is based on a collective bargaining agreement rate. For purposes of determining overtime compensation under this subsection, the basic hourly rate of any laborer or mechanic shall not be less than the basic hourly rate determined by the director to be the prevailing basic hourly rate for corresponding classes of laborers and mechanics on projects of similar character in the State."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Overtime Compensation; Public Works
Description:
Establishes the calculation of overtime compensation for government public works construction contracts that are greater than $2,000 to be not less than one and one-half times the laborer's or mechanic's basic hourly rate of pay plus the cost of fringe benefits. Establishes that the overtime compensation rate shall be the rate specified in a collective bargaining agreement if the basic hourly rate is based on such agreement. (SD1)
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