Report Title:
Wage and Hour Law
Description:
Exempts an employer from paying overtime to an employee who works more than forty hours in a workweek if those excess hours are attributable to hours to be worked that were carried over from a prior workweek and for reasons agreed upon between the employer and the employee.
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THE SENATE |
S.B. NO. |
568 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE WAGE AND HOUR LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 387-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No employer shall, except as otherwise provided in this section, employ any employee for a workweek longer than forty hours unless the employee receives overtime compensation for the employee's employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which the employee is employed.
For the purposes of this section,
(1) "Salary" means a predetermined wage, exclusive of the reasonable cost of board, lodging, or other facilities, at which an employee is employed each pay period;
(2) If an employee performs two or more different kinds of work for the same employer, the total earnings for all such work for the pay period shall be considered to have been earned for performing one kind of work.
This section shall not apply to a workweek in which the employee works more than forty hours if the excess hours compensate for prior workweeks in which the employee worked less than forty hours and the employee worked less than forty hours due to the occurrence of unforeseen circumstances agreed upon in advance between the employer and the employee, or the exclusive representative of the employee's bargaining unit, including, but not limited to, illness of the employee or a family member of the employee or inclement weather conditions."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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