STAND. COM. REP. NO. 2287
RE: S.B. No. 2288
Honorable Ronald D. Kouchi
President of the Senate
Twenty-Ninth State Legislature
Regular Session of 2018
State of Hawaii
Your Committee on Labor, to which was referred S.B. No. 2288 entitled:
"A BILL FOR AN ACT RELATING TO FAIR SCHEDULING,"
begs leave to report as follows:
The purpose and intent of this measure is to require Hawaii employers to engage in fair scheduling practices, including providing employees with written notice of the employee's shift schedule at least ten calendar days before the employee is schedule to work, under certain conditions.
Your Committee received testimony in support of this measure from Hawaii State AFL-CIO, Hawai‘i Appleseed Center for Law & Economic Justice, Labor Caucus of the Democratic Party of Hawai‘i, Vote Hawaii, and seven individuals. Your Committee received testimony in opposition to this measure from the City and County of Honolulu, Department of Human Resources; Chamber of Commerce Hawaii; Hawaii Food Industry Association; Hawaii Restaurant Association; National Federation of Independent Business; Society for Human Resource Management – Hawaii Chapter; Boss Frog's Dive & Surf; Hawaii Credit Union League; Quicksilver Charters; Fair Wind Cruises; Ocean Tourism Coalition; and Tiki's Grill and Bar. Your Committee received comments on this measure from the Department of Public Safety.
Your Committee finds that providing advance notice of work schedules and any schedule changes allows employees to have more stability in their lives, including the ability to earn additional income when working more than one job, ensure childcare arrangements, schedule necessary errands and appointments, and be available for family events.
Your Committee has amended this measure by:
(1) Inserting language to provide that fair scheduling requirements do not affect the rights of employees and employers under existing collective bargaining agreements;
(2) Deleting language that would have exempted an employer from paying an employee double the rate of pay if the employee is required to work a shift to cover another employee's absence no more than once in a three-month period without ten calendar days' notice;
(3) Inserting an effective date of January 1, 2045, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2288, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2288, S.D. 1, and be referred to your Committee on Commerce, Consumer Protection, and Health.
Respectfully submitted on behalf of the members of the Committee on Labor,
JILL N. TOKUDA, Chair