STAND. COM. REP. NO. 540

Honolulu, Hawaii

RE: S.B. No. 1385

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Labor and Technology, to which was referred S.B. No. 1385 entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to remove the exclusion of employees who are guaranteed a monthly compensation of $2,000 or more from the definition of "employee" for purposes of the Wage and Hour Law.

Your Committee received testimony in support of this measure from the Department of Public Safety, Department of Labor and Industrial Relations, Rainbow Family 808.com Inc., International Alliance of Theatrical Stage Employees Local 665, Labor Caucus of the Democratic Party of Hawai‘i, Education Caucus of the Democratic Party of Hawai‘i, Hawai‘i Appleseed Center for Law and Economic Justice, Hawai‘i State AFL-CIO, Imua Alliance, and eight individuals. Your Committee received comments on this measure from one individual.

Your Committee finds that this administration measure is meant to increase the amount of employees and employers covered under chapter 387, Hawaii Revised Statutes, relating to Hawaii's Wage and Hour Law, and thereby promote the health, efficiency, and well-being of Hawaii's workforce. Your Committee further finds that this measure will provide workers who are guaranteed compensation totaling $2,000 or more a month with the protection afforded by the minimum wage rates, overtime rates, and employer recordkeeping requirements in chapter 387, Hawaii Revised Statutes.

Your Committee has amended this measure by:

(1) Inserting an effective date of January 1, 2050, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1385, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1385, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Labor and Technology,

________________________________

SHARON MORIWAKI, Chair