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THE SENATE |
S.B. NO. |
2711 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
related to worker retention.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§394B- Divestiture;
worker retention. (a) Upon
a divestiture of a covered establishment, the successor employer:
(1) Shall
employ all incumbent non-supervisory and non-confidential employees, except as
provided in this section;
(2) Shall
not require incumbent employees to file employment applications to be hired by
the successor employer unless the employee's existing employee file is
incomplete;
(3) Shall
recognize all existing collective bargaining agreements if the number of
incumbent employees in the bargaining unit is sufficient to require recognition
of the bargaining unit; and
(4) Shall
not be required to employ all incumbent employees; provided that the business
of the successor employer is substantially dissimilar to the former employer's
business.
(b) For purposes of this section, "employer"
means a person who directly or indirectly, or through an agent or any other
person, including through the services of a third-party employer, temporary
services, staffing agency, independent contractor, or any similar entity, at
any time in the prior twelve months, employs or exercises control over the
wages, hours, or working conditions of fifty or more employees at a single
business establishment.
(c)
This section shall not be construed to abrogate the right of an employer
to manage the employer's employees.
(d)
Any employer found in violation of this section shall pay to the
dislocated employee the difference between the amount of the employee's wages
under the employee's former employer and the unemployment insurance benefits
received by the employee for the covered period.
(e)
The director shall adopt rules in accordance with chapter 91 to carry
out the purposes of this section."
SECTION 2. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriation made in this Act is necessary to serve the public interest; and
(2) The appropriation made in this Act meets the needs addressed by this Act.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 to effectuate the purpose of this Act.
The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2024.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Dislocated Workers Law; Divestiture; Worker Retention; Penalty; Expenditure Ceiling; Appropriation
Description:
In an event of a divestiture of a covered establishment, requires the successor employer to employ incumbent employees under certain circumstances. Establishes a penalty. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.