HOUSE OF REPRESENTATIVES

H.B. NO.

558

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to overtime.

 

 

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

 


SECTION 1. Public employees are vital to the maintenance of a responsive and engaged government. They ensure the efficient and effective delivery of government services and protect the health, safety, and welfare of the public.

However, it is equally imperative to ensure that government personnel costs are reasonable. The legislature finds it reasonable to establish a policy that is consistent with the private sector and with federal law. According to the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201, et seq.), public and private employees covered by the Act are entitled to receive overtime compensation for those hours worked over forty in a workweek, which is defined as a fixed and regularly recurring period of one hundred and sixty-eight hours. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless hours worked on those days are over forty hours in an employee's workweek.

While the legislature understands that a certain amount of overtime may be necessary to ensure that deadlines are met and the public health, safety, and welfare is properly attended to, Hawaii taxpayers deserve a government that effectively manages the time and benefits of its employees.

Consequently, the purpose of this Act is to establish a policy that is consistent with the private sector and federal law by specifying that overtime compensation will be based on a forty-hour work week that excludes those hours taken as paid time off.

SECTION 2. Chapter 89, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"89-    Overtime compensation. (a) Notwithstanding any other law to the contrary, overtime compensation shall only be paid for hours actually worked in excess of forty hours actually worked in a workweek.

(b) As used in this section:

"Hours actually worked" means hours worked at the employee's regular rate of pay. "Hours actually worked" does not include hours taken as paid time off, such as sick leave and vacation.

"Workweek" means any fixed and regularly recurring period of one hundred sixty-eight hours."

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. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2015, and shall not apply to collective bargaining contracts entered into prior to this date.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Public Employees; Overtime Compensation; Calculation

 

Description:

Limits overtime compensation to those hours worked in excess of forty hours in a workweek. Excludes those hours taken as paid time off from the calculation of the forty hours.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.