Report Title:

Dislocated Workers

Description:

Extends from sixty to ninety days the period by which employers must notify employees and the director of labor and industrial relations of its intention to close, partially close, or relocate. Requires employers to provide written notification of the discontinuance or termination of housing or housing assistance to employees and the director of labor and industrial relations; except when the discontinuance or termination of housing is due to an employee's resignation or termination for cause. Defines "housing assistance". (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2740

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

relating to notification of employment changes.

 

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

SECTION 1. Section 394B-1, Hawaii Revised Statutes, is amended to read as follows:

"394B-1 Findings and purpose. The legislature finds that there is a need for employment and training assistance for dislocated workers in Hawaii and that there is a need to protect employees from the effects of unexpected and sudden layoffs or terminations resulting from closings, plant closures, partial plant closures, and relocations[.], including adequate notification to employees who are provided with housing or housing assistance upon discontinuance or termination of housing or housing assistance."

SECTION 2. Section 394B-9, Hawaii Revised Statutes, is amended to read as follows:

"394B-9 Notification. (a) An employer in a covered establishment shall provide to each employee and the director written notification of a closing, partial closing, or relocation at least [sixty] ninety days prior to its occurrence.

(b) If the employer in a covered establishment provides housing or housing assistance for employees, the employer shall provide each employee and the director written notification of the discontinuance or termination of housing or housing assistance at least one hundred eighty days prior to its occurrence; provided that written notification is not required when the discontinuance or termination of housing or housing assistance is a result of an employee's resignation or termination for cause.

(c) For the purposes of this section, "housing assistance" means any stipend, subsidy, relocation fee, sub-market lease, or other financial assistance provided by an employer to an employee toward housing."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.