STAND. COM. REP. NO. 639-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 2740
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Labor and Public Employment, to which was referred H.B. No. 2740 entitled:
"A BILL FOR AN ACT RELATING TO NOTIFICATION OF EMPLOYMENT CHANGES,"
begs leave to report as follows:
The purpose of this bill is to extend notification requirements of an impending closure, partial closure, or relocation of a business that employs 50 or more employees during the preceding 12 months. Specifically, this bill:
(1) Extends from 60 to 90 days, the period by which an employer must notify employees and the Director of Labor and Industrial Relations (DLIR) of its intention to close, partially close, or relocate; and
(2) Requires an employer to provide written notification to employees and the Director of DLIR at least 180 days prior to the discontinuance, termination, or reduction of housing or housing assistance.
ILWU Local 142 and two concerned individuals submitted testimony in support of this measure. DLIR and The Chamber of Commerce of Hawaii opposed this measure.
Your Committee finds that business decisions made by employers carry significant consequences for employees. Employees should have ample notice of significant decisions such as those affecting their employment status so they may seek or retrain for other employment.
While DLIR testified that the existing 60-day requirement is consistent with the federal plant closing notice requirement, known as the Federal Worker Adjustment and Retraining Notification Action, some states such as Maryland and Massachusetts have enacted laws to provide longer notification requirements where employers are required to provide notification to employees at least 90 days prior to closure.
Your Committee further finds that employers sometimes provide housing or housing assistance to their employees, as in the case of Del Monte's Poamoho Camp. These employees are often unable to afford housing at market rates, making them vulnerable to their employer's business decisions.
While your Committee recognizes that this measure will not help those at Poamoho Camp, your Committee notes that it would likely assist the 600-plus residents of Kunia Camp, which is also affiliated with Del Monte.
Accordingly, after careful consideration, your Committee has amended this bill by:
(1) Defining the term "housing assistance" as any stipend, subsidy, relocation fee, sub-market lease, or other financial assistance provided by an employer to an employee toward housing; and
(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2740, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2740, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Labor and Public Employment,
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____________________________ MARCUS R. OSHIRO, Chair |
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