Report Title:

Wages; electronic pay stubs

 

Description:

Authorizes an employer to furnish to an employee an electronic record of an employee's total gross compensation, the amount and purpose of each deduction, total net compensation, date of payment, and pay period covered, in lieu of a printed, typewritten, or handwritten record, upon receipt of written authorization from the employee. (HB1778 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1778

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO WAGES.

 

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

SECTION 1. Section 387-6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Every employer shall furnish each employee at every pay period a legible printed, typewritten, or handwritten notice showing the employee's:

(1) [total] Total hours worked[,];

(2) [overtime] Overtime hours[,];

(3) [straight-time] Straight-time compensation[,];

(4) [overtime] Overtime compensation[,];

(5) [other] Other compensation[,];

(6) [total] Total gross compensation[,];

(7) [amount] Amount and purpose of each deduction[,];

(8) [total] Total net compensation[,];

(9) [date] Date of payment[,]; and

(10) [pay] Pay period covered[.];

provided that in lieu of the printed, typewritten, or handwritten notice required by this subsection and upon receipt of written authorization from the employee, the employer may make available an electronic notice that may be electronically accessed by the employee."

SECTION 2. Section 388-7, Hawaii Revised Statutes, is amended to read as follows:

"388-7 Notification, posting, and records. Every employer shall:

(1) Notify the employer's employees in writing, at the time of hiring of the rate of pay, and of the day, hour, and place of payment;

(2) Notify the employer's employees in writing or through a posted notice maintained in a place accessible to the employer's employees of any changes in the arrangements specified above prior to the time of such changes;

(3) Make available to the employer's employees in writing or through a posted notice maintained in a place accessible to the employer's employees policies with regard to vacation and sick leave;

(4) Furnish each employee at every payday a legible printed, typewritten, or handwritten record showing the employee's total gross compensation, the amount and purpose of each deduction, total net compensation, date of payment, and pay period covered; and maintain and preserve a copy of such record or its equivalent for a period of at least six years; provided that in lieu of the printed, typewritten, or handwritten record required by this paragraph and upon receipt of written authorization from the employee, the employer may make available an electronic record that may be electronically accessed by the employee;

(5) Keep posted in a place accessible to the employer's employees such notices pertaining to the application of this chapter as shall be prescribed by the director of labor and industrial relations; and

(6) Make and keep records of all employees which shall include basic employment and earnings records; and preserve such records for a period of time and in a manner as the director shall prescribe by rule."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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