HOUSE OF REPRESENTATIVES

H.B. NO.

1253

THIRTY-FIRST LEGISLATURE, 2021

H.D. 2

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. The legislature finds that 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:

"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 electronic 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 the employee's 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 the employee's 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, ordinance, or rule having the force and effect of law;

(2) Apply to the United States; or

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

378-    Civil actions for injunctive relief or damages. (a) An employee who alleges a violation of this part may bring a civil action for appropriate injunctive relief, actual damages, or both within two years after the occurrence of the alleged violation.

(b) A cause of action pursuant to subsection (a) may be brought in the appropriate court in the circuit where the alleged violation occurred, where the plaintiff resides, or where the defendant resides or has a principal place of business.

(c) A defendant who violates this part shall be fined $500 for each violation. A civil fine that is ordered pursuant to this section shall be deposited with the director of finance to the credit of the general fund.

(d) For purposes of this section, "damages" means damages for injury or loss caused by each violation of this part, including reasonable attorney's fees."

SECTION 3. This Act shall take effect on December 25, 2040.


 


 

Report Title:

Employment Practices; Mobile Applications; Prohibition

 

Description:

Prohibits an employer from: 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; terminating or otherwise discriminating against an employee for refusing to download a mobile application on their personal device; or discharging or discriminating against an employee for filing a complaint concerning these unlawful practices. Effective 12/25/2040. (HD2)

 

 

 

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