REPORT TITLE:
Wage & Hour Law;$10K Penalty


DESCRIPTION:
Limits penalty for second violation of wage and hour law to
$10,000; provides formula for calculation of penalty for
subcontractors.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           734
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO WAGES AND HOURS OF EMPLOYEES ON PUBLIC WORKS.
 


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

 1      SECTION 1.  Section 104-24, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  Where a second or third violation occurs, whether on
 
 4 the same contract or another, within two years of the first
 
 5 violation, the director, after proper notice and opportunity for
 
 6 hearing, shall order the person or firm in violation:
 
 7      (1)  If it be a second violation, to pay a penalty of not
 
 8           more than ten per cent of the contract amount[;], but
 
 9           not to exceed $10,000; or
 
10      (2)  If it be a third violation, to be suspended as
 
11           prescribed in section 104-25.
 
12 Any penalty imposed for a second violation on a person who is
 
13 performing work as a subcontractor, shall be calculated on the
 
14 amount of the contract for which the subcontractor was engaged to
 
15 perform."
 
16      SECTION 2.  This Act does not affect rights and duties that
 
17 matured, penalties that were incurred, and proceedings that were
 
18 begun before its effective date. 
 
19      SECTION 3.  Statutory material to be repealed is bracketed.
 

 
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                                     S.B. NO.           734
                                                        
                                                        

 
 1 New statutory material is underscored.
 
 2      SECTION 4.  This Act shall take effect upon its approval.
 
 3 
 
 4                           INTRODUCED BY:  _______________________