RELATING TO LABOR.

HB1469

HOUSE OF REPRESENTATIVES

H.B. NO.

1469

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO LABOR
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The legislature
finds that upholding labor laws and the
minimum wage requirements are of the highest priority in the State.
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The legislature recognizes that in 2018, the
United States Department of Labor put forth additional guidelines to ensure
individuals are not being taken advantage of by for‑profit companies
under the guise of offering unpaid internships.
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However, these guidelines have not yet been codified in the United
States Code, nor have they been incorporated into the Hawaii Revised Statutes.
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The legislature further finds that unpaid
internships at for-profit companies or institutions must be carefully
regulated.

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Accordingly,
the purpose of this Act is to create clear program criteria for unpaid student
internships in the State.

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SECTION
2.
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Chapter 388, Hawaii Revised Statutes,
is amended by adding a new section to be appropriately designated and to read
as follows:

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"
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388-
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Unpaid
student internships; program criteria.
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(a)
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All unpaid internships are prohibited except student internships.
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To be classified as an unpaid student
internship, an internship program shall meet the following criteria:

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(1)
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The training
shall
be
similar to training provided in an educational program;

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(2)
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The training shall be for the
benefit of the student;

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(3)
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The student shall work under close
supervision and shall not displace regular employees;

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(4)
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The student shall not be entitled to
or obligated to accept a paid job at the conclusion of the internship period,
and may take a job elsewhere in the same field;

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(5)
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The student shall be notified in
writing that the student shall not receive any wages and is not considered an
employee for minimum wage purposes;

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(6)
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Any clinical training shall be
performed under the supervision and direction of a person who is knowledgeable
and experienced in the activity;

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(7)
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The student shall not receive
employee benefits;

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(8)
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The training shall be general and
qualify the student to work in any similar business; provided that the training
shall not be designed exclusively for a job with the employer who offers the internship
program;

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(9)
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The screening process for the
internship program shall:

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(A)
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N
ot be the same as for
employment and shall not have the appearance of being for that purpose; and

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(B)
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Only use criteria relevant for
admission into an independent educational program; and

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(10)
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Advertisements, postings, or
solicitations for the internship program shall clearly discuss education or
training rather than employment; provided that employers may indicate that
qualified graduates may be considered for employment.

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(b)
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For the purposes of this section,
"student" means any person enrolled at least part-time in a course of
instruction leading to a degree, certificate, or diploma at a secondary or
post-secondary educational institution, or who is completing residence
requirements for a degree.
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A person
shall be deemed to be a student during the time that school is not in session
if the person was a student during the preceding semester.
"

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SECTION
3.
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New statutory material is
underscored.

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SECTION
4.
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This Act shall take effect upon its
approval.

INTRODUCED BY:

_____________________________

Report Title:

Labor;
Unpaid Internships; Students; Guidelines

Description:

Establishes
clear criteria for unpaid student internship programs under the state wage
laws.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.