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HB478
HOUSE OF REPRESENTATIVES
H.B. NO.
478
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to Employment
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
�
The
legislature finds that employers have a duty to pay their employees on
time.
�
In 2017, former Governor Ige
signed Act 135, Session Laws of Hawaii 2017, into state law, which established
how and when employees are to be paid.
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Under Act 135, an employer that fails to pay wages within seven days after
the end of a pay period may be ordered to pay an administrative penalty of not
less than $500 or $100 for each employee for every day of the violation,
whichever is greater, in addition to back pay and damages equal to the amount
of unpaid wages and interest at a rate of six per cent per year from the date
that the wages were due.
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The legislature
finds that the State and counties should hold themselves to the same standard.
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The
purpose of this Act is to increase the accountability of state and county
employers with respect to the timely payment of wages to their employees.
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SECTION
2
.
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Section 388-1, Hawaii Revised Statutes, is
amended by amending the definition of "employer" to read as follows:
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""Employer"
includes any individual; partnership; association; joint-stock company; trust;
corporation; the personal representative of the estate of a deceased individual
or the receiver, trustee, or successor of any of the same;
and
general
contractor, for purposes of wages owed to the employees of a subcontractor, as
those terms are defined in section 388‑11.5[
;
]
,
employing
any person, but shall not include [
the State or any political subdivision
thereof or
] the United States[
.
]
; provided that the "employer"
includes the State and any political subdivision thereof when a provision of
this chapter has no comparable provision in chapter 78.
"
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SECTION 3.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
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SECTION 4.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Employment;
State and County Employers; Payment of Wages
Description:
Amends
the definition of "employer" in state law that governs payment of
wages and other compensation to include the State and counties when a provision
in that law has no comparable provision in state law that governs public
officers and employees.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.