STAND. COM. REP. NO. 294-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2229

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Labor and Public Employment, to which was referred H.B. No. 2229 entitled:

"A BILL FOR AN ACT RELATING TO EMPLOYMENT RECORDS,"

begs leave to report as follows:

The purpose of this bill is to protect the integrity of employment records held by the central personnel agency or central payroll agency of the State or a county by:

(1) Establishing criteria for the employment records management system, including the requirement that the system shall not be subject to collective bargaining negotiations; and

(2) Providing a definition of "employment record."

The Department of Human Resources Development and the City and County of Honolulu Department of Human testified in support of this bill.

Currently, there is no specific requirement that accurate and complete employment records be maintained throughout an employee's work history. As a result, there have been disputes as to whether certain provisions in collective bargaining agreements relating to derogatory materials allow for the altering, expunging, or destruction of employment records maintained by the employer. By

ensuring the preservation of accurate and complete employment records, the employer will be better able to defend itself in lawsuits by providing evidence that appropriate action was taken, thereby reducing litigation costs.

Your Committee has amended this bill by:

(1) Broadening the type of employment records to be maintained by including dates of demotion or transfer as well as dates of disciplinary actions rather than suspensions; and

(2) Making technical, nonsubstantive amendments for the purpose of clarity.

As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2229, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2229, H.D. 1, and be referred to the Committee on Consumer Protection and Commerce.

Respectfully submitted on behalf of the members of the Committee on Labor and Public Employment,

 

____________________________

MARCUS R. OSHIRO, Chair