Report Title:

Successor Employers; Retainment of Employees

Description:

Requires successor employers of a covered establishment to retain at least fifty per cent of incumbent, nonsupervisory employees; provides exception for construction companies.

THE SENATE

S.B. NO.

364

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO EMPLOYMENT.

 

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

SECTION 1. Chapter 394B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§394B- Worker retention. In the event of a divestiture of a covered establishment, the successor employer shall retain at least fifty per cent of incumbent, nonsupervisory employees of the affected establishment.

This section shall not apply to an employer engaged in construction."

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

1. By adding a new definition to be appropriately inserted and to read:

""Divestiture" means the transfer of any covered establishment from one employer to another because of the sale, transfer, merger, and other business takeover or transaction of business interests."

2. By amending the definition of "covered establishment" to read:

""Covered establishment" means any industrial, commercial, or other business entity [which] that employs at any time in the preceding twelve-month period, [fifty or more persons.] more than one hundred employees."

3. By amending the definition of "employer" to read:

""Employer" means any [person who,] individual or entity that, directly or indirectly, owns, operates, or has a controlling interest in a covered establishment, excluding the State or any political subdivision thereof."

SECTION 3. Section 394B-9, Hawaii Revised Statutes, is amended to read as follows:

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

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 Statutory material to be repealed is bracketed and stricken.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.

INTRODUCED BY:

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