RELATING TO THE WAGE AND HOUR LAW.

HB222

HOUSE OF REPRESENTATIVES

H.B. NO.

222

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to the wage and hour law
.

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

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SECTION
1
.
�
Section 387-1,
Hawaii Revised Statutes, is amended by amending the definition of "employee"
to read as follows:

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""Employee"
includes any individual employed by an employer, but shall not include any
individual employed:

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(1)
�
At a guaranteed
compensation totaling $4,000 or more a month, whether paid weekly, biweekly, or
monthly;

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(2)
�
In agriculture for
any workweek in which the employer of the individual employs less than twenty
employees or in agriculture for any workweek in which the individual is engaged
in coffee harvesting;

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(3)
�
In or about the
home of the individual's employer:

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(A)
�
In domestic
service on a casual basis; or

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(B)
�
Providing
companionship services for the aged or infirm;

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(4)
�
As a house parent
in or about any home or shelter maintained for child welfare purposes by a
charitable organization exempt from income tax under section 501 of the federal
Internal Revenue Code;

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(5)
�
By the
individual's sibling, sibling-in-law, child, spouse, parent, or parent-in-law;

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(6)
�
In a bona fide
executive, administrative, supervisory, or professional capacity or in the
capacity of outside salesperson or as an outside collector;

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(7)
�
In the
propagating, catching, taking, harvesting, cultivating, or farming of any kind
of fish, shellfish, crustacean, sponge, seaweed, or other aquatic forms of
animal or vegetable life, including the going to and returning from work and
the loading and unloading of those products before first processing;

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(8)
�
On a ship or
vessel and who has a Merchant Mariners Document issued by the United States
Coast Guard;

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(9)
�
As a driver of a
vehicle carrying passengers for hire operated solely on call from a fixed
stand;

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(10)
�
As a golf caddy;

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(11)
�
By
a nonprofit school during the time that the individual is a student attending
the school;

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(12)
�
In any capacity if
by reason of the employee's employment, in that capacity and during the term
thereof, the minimum wage that may be paid to the employee or maximum hours
that the employee may work during any workweek without the payment of overtime,
are prescribed by the federal Fair Labor Standards Act of 1938, as amended, or
as the same may be further amended from time to time; provided that if the
minimum wage that may be paid to the employee under the Fair Labor Standards
Act for any workweek is less than the minimum wage prescribed by section 387-2,
then section 387-2 shall apply in respect to the employee for that workweek;
provided further that if the maximum workweek established for the employee
under the Fair Labor Standards Act for the purposes of overtime compensation is
higher than the maximum workweek established under section 387-3, then section
387-3 shall apply in respect to the employee for that workweek; except that the
employee's regular rate in that event shall be the employee's regular rate as
determined under the Fair Labor Standards Act;

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(13)
�
As a seasonal
youth camp staff member in a resident situation in a youth camp sponsored by
charitable, religious, or nonprofit organizations exempt from income tax under
section 501 of the federal Internal Revenue Code or in a youth camp accredited
by the American Camping Association; [
or
]

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(14)
�
As an automobile
salesperson primarily engaged in the selling of automobiles or trucks if
employed by an automobile or truck dealer licensed under chapter 437[
.
]
;
or

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(15)
�
In agriculture
and primarily engaged in the range production of livestock.
"

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SECTION
2.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 3.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Wage and
Hour Law; Employee; Range Production of Livestock; Exemption

Description:

Amends
the definition of "employee" in Hawaii's wage and hour law by
excluding individuals who are primarily engaged in the range production of
livestock.

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