HOUSE OF REPRESENTATIVES

H.B. NO.

2582

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to Temporary Staff of the legislature.

 

 

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

 


SECTION 1. The legislature finds that temporary staff of the legislature, as well as all state government employees, do not qualify for overtime compensation under section 387-3, Hawaii Revised Statutes. The legislature further finds that temporary staff of the legislature are not entitled to overtime compensation under the federal Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).

The purpose of this Act is to provide temporary staff of the legislature overtime compensation for hours worked in excess of forty hours within a workweek.

SECTION 2. Chapter 22, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"22-    Overtime for temporary staff; liability; enforcement; collection. (a) Temporary staff employed by either house of the legislature, who do not qualify as exempt administrative employees as outlined in section 13(a)(1) of the federal Fair Labor Standards Act of 1938 (29 U.S.C.  213(a)(1)), as amended, and in title 29 Code of Federal Regulations part 541, subpart C, shall receive overtime compensation for the temporary staff's employment in excess of forty hours within a workweek at a rate not less than one and one-half times the regular rate at which the temporary staff is employed.

(b) The regular rate of a temporary staff who is employed on a salary shall be computed as follows:

(1) If the employee is employed on a weekly salary, the weekly salary shall be divided by forty;

(2) If the employee is employed on a biweekly salary, the biweekly salary shall be divided by two and the quotient divided by forty;

(3) If the employee is employed on a semi-monthly salary, the semi-monthly salary shall be multiplied by twenty-four, the product divided by fifty-two and the quotient divided by forty; or

(4) If the employee is employed on a monthly salary, the monthly salary shall be multiplied by twelve, the product divided by fifty-two and the quotient divided by forty.

(c) Any house of the legislature who violates subsection (a) shall be liable to the temporary staff affected in the amount of the temporary staff's unpaid overtime compensation.

(d) Action to recover liability incurred under subsection (c) may be maintained in any court of competent jurisdiction by any temporary staff for and on behalf of oneself or themselves and other temporary staff similarly situated, or the temporary staff may designate an agent or representative to maintain action for and on behalf of all temporary staff similarly situated. The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, in the event the plaintiff or plaintiffs prevail, allow a reasonable attorneys' fee to be paid by the defendant and costs of the action.

(e) The circuit courts shall have jurisdiction, for cause shown, to restrain any withholding of payment of overtime compensation found by the court to be due to temporary staff under subsection (a)."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Temporary Staff of the Legislature; Overtime Compensation

 

Description:

Requires the legislature to provide overtime compensation to temporary staff for hours worked in excess of forty hours in a workweek. Outlines the available remedies for a violation.

 

 

 

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