HOUSE OF REPRESENTATIVES

H.B. NO.

1679

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

RELATING TO WAGES.

 

 

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

 

 


     SECTION 1.  Wage theft, which consists of pay-related violations committed by employers, such as the failure to pay wage earners the required minimum wages or overtime, impacts employees throughout the United States.  Many states are addressing this issue by creating laws to better protect wage earners' rights.  New York, for example, recently passed its Wage Theft Prevention Act, which amended that state's notice of wage rate requirements and expanded criminal and civil remedies for violations.

     The legislature finds that Hawaii is one of several states that have agreed to work with the United States Department of Labor to share information in an effort to deal with the wage theft problem.

     The purpose of this Act is to protect employees in this State by requiring employers to provide employees with specific wage information on pay statements.

     SECTION 2.  Section 387-6, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Every employer shall keep in or about the premises wherein any employee is employed a contemporaneous, true, and accurate record of [the]:

     (1)  The name, address, and occupation of each [such] employee[, of the];

     (2)  The amount paid each pay period to each [such] employee[, of the];

     (3)  The hours worked each day and each workweek by each [such] employee[,];

     (4)  The rate or rates of pay of each employee and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other basis; gross wages; deductions; allowances, if any, claimed as part of the minimum wage; and net wages; and [of such]

     (5)  Any other information and for [such] the periods of time as the director [of labor and industrial relations] may by [regulation] rule prescribe.

     The director or the director's authorized representative shall for the purpose of examination have access to and the right to copy from [such] the records.  Every employer shall furnish to the director or the director's authorized representative [such] any information relating to the employment of workers and in [such] any manner as the director may prescribe."

     2.  By amending subsection (c) to read:

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

     (1)  The name of the employee;

     (2)  The name of the employer;

     (3)  The address and telephone number of the employer;

    [(1)  Total] (4)  The employee's total hours worked;

    [(2)  Overtime] (5)  The employee's regular and overtime hours;

    [(3)  Straight-time] (6)  The employee's straight-time compensation;

    [(4)  Overtime] (7)  The employee's overtime compensation;

    [(5)  Other] (8)  Any other compensation[;], including allowances, if any, claimed as part of the minimum wage;

    [(6)  Total] (9)  The employee's total gross compensation;

    [(7)  Amount] (10)  The amount and purpose of each deduction;

    [(8)  Total] (11)  The employee's total net compensation;

    [(9)  Date] (12)  The date of payment; [and

    (10)  Pay] (13)  The pay period covered; and

    (14)  The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other basis, including overtime rate or rates of pay.  For employees paid a piece rate, the record shall indicate the applicable piece rate or rates of pay and the number of pieces completed at each piece rate;

provided that in lieu of the printed, typewritten, or handwritten [notice] record required by this subsection and upon receipt of written authorization from the employee, the employer may provide an electronic [notice] record that may be electronically accessed by the employee.  At the request of an employee, an employer shall provide an explanation in writing of how the wages were computed."

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

     SECTION 4.  This Act shall take effect on January 7, 2059.



 

Report Title:

Wages; Payment of Compensation

 

Description:

Requires employers to provide employees with specific wage and employer information in employees' pay records.  Effective January 7, 2059.  (HB1679 HD2)

 

 

 

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