STAND. COM. REP. NO. 1052

Honolulu, Hawaii

, 2023

RE: H.B. No. 1087

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1087, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE WAGE AND HOUR LAW,"

begs leave to report as follows:

The purpose of this measure is to amend the definition of "employee" in Hawaii's wage and hour law by realigning the guaranteed compensation of $2,000 or more to a sum that is at least equal to the monthly earnings of an individual who is compensated at the minimum wage rate pursuant to section 387-2, Hawaii Revised Statutes.

Your Committee received testimony in support of this measure from the Hawai‘i State AFL-CIO, Democratic Party of Hawaii Labor Caucus, Democratic Party of Hawai‘i Education Caucus, Imua Alliance, Save Medicaid Hawaii, and sixteen individuals. Your Committee received comments on this measure from the Department of Labor and Industrial Relations.

Your Committee finds that this measure would increase the number of workers who receive protections afforded by the minimum wage rates, overtime, rates, and recordkeeping protections that exist for employees and employers covered under the State's wage and hour law.

Your Committee has amended this measure by:

(1) Amending the definition of "employee" in Hawaii's wage and hour law to repeal the exclusion of employees who receive guaranteed compensation totaling $2,000 or more a month, rather than realigning the guaranteed compensation of $2,000 or more to a sum that is at least equal to the monthly earnings of an individual who is compensated at the minimum wage rate pursuant to section 387-2, Hawaii Revised Statutes; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1087, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1087, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair