HOUSE OF REPRESENTATIVES

H.B. NO.

1253

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to employment practices.

 

 

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

 


SECTION 1. In response to the COVID-19 pandemic, applications for mobile phones have been promoted as a means to track the whereabouts of individuals who may have been exposed to someone testing positive for the virus, prompting privacy concerns and anxiety over potential misuse of the location information. While cellphone users may voluntarily agree to be tracked, the legislature finds that privacy concerns dictate against making this requirement a condition of employment.

The purpose of this Act is to prohibit an employer from:

(1) Requiring an employee to download a mobile application to the employee's personal communication device that enables the employee's location to be tracked or their personal information revealed;

(2) Terminating or otherwise discriminating against an employee for refusing to download a mobile application to the employee's personal communication device; or

(3) Discharging or otherwise discriminating against an employee for filing a complaint, testifying, or assisting in any proceeding concerning these unlawful practices.

SECTION 2. Chapter 378, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    . mobile applications

378-    Definitions. As used in this part:

"Department" means the department of labor and industrial relations.

"Employee" means an individual who performs a service for wages or other remuneration under a contract for hire, written or oral, or expressed or implied. "Employee" includes an individual employed by the State or a political subdivision of the State.

"Employer" means a person who has one or more employees. "Employer" includes an agent of an employer or of the State or a political subdivision thereof, but does not include the United States.

"Personal communication device" means a device allowing for electric communications, such as a mobile phone or tablet, that is not owned, or the cost of which is not reimbursed, by the employer.

378-    Unlawful practices. It shall be unlawful for any employer to:

(1) Require an employee to download a mobile application to the employee's personal communication device that enables the employee's location to be tracked or their personal information revealed;

(2) Terminate or otherwise discriminate against an employee for refusing to download a mobile application to the employee's personal communication device that enables the employee's location to be tracked or their personal information revealed; or

(3) Discharge or otherwise discriminate against an employee because the employee has filed a complaint, testified, or assisted in any proceeding concerning the unlawful practices prohibited under this part.

378-    Exception. Nothing in this part shall be deemed to:

(1) Repeal or affect any law or ordinance or government rule or regulation having the force and effect of law;

(2) Apply to the United States and any subdivision thereof; or

(3) Conflict with or affect the application of security regulations in employment established by the United States or the State.

378-    Enforcement jurisdiction; complaint against unlawful practice. (a) The department shall have jurisdiction over practices made unlawful by this part. Any employee claiming to be aggrieved by an unlawful practice may file with the department a verified complaint in writing which shall state the name and address of the employer alleged to have committed the unlawful practice complained of and which shall set forth the particulars thereof and contain such other information as may be required by the department. The attorney general, or the department upon its own initiative, in like manner, may make and file such a complaint.

(b) A complaint may be filed on behalf of a class by the attorney general or the department, and a complaint so filed may be investigated, conciliated, and litigated on a class action basis.

(c) No complaint shall be filed after the expiration of thirty days after the date upon which the alleged unlawful practice occurred or is discovered to have occurred, whichever is later."

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Employment Practices; Mobile Applications; Prohibition; DLIR

 

Description:

Prohibits an employer from: (1) requiring an employee to download a mobile application to the employee's personal communication device that enables the employee's location to be tracked or their personal information revealed; (2) terminating or otherwise discriminating against an employee for refusing to download a mobile application on their personal device; or (3) discharging or discriminating against an employee for filing a complaint concerning these unlawful practices.

 

 

 

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