Report Title:

Meal Count Assistants, Adult Supervisors, and Classroom Cleaners; Minimum Wages

Description:

Requires the Department of Education to adhere to the state minimum wage law when setting wages for meal count assistants, adult supervisors, and classroom cleaners. (SD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

758

TWENTY-THIRD LEGISLATURE, 2005

H.D. 2

STATE OF HAWAII

S.D. 2

 

A BILL FOR AN ACT

 

relating to employment practices.

 

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

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to subpart B of part III to be appropriately designated and to read as follows:

"§302A-   Meal count assistants, adult supervisors, and classroom cleaners; minimum wage. Except as provided in section 387-9, the wages of meal count assistants, adult supervisors, and classroom cleaners of the department shall be no less than the current state minimum wage as required in section 387-2."

SECTION 2. Section 387-9, Hawaii Revised Statutes, is amended to read as follows:

"§387-9 Special minimum wages for learners; apprentices; full-time students; paroled wards of Hawaii youth correctional facility; handicapped workers. (a) Notwithstanding the provisions of section 387-2, the director may by [rules] rule provide for the employment:

(1) Of learners, of apprentices, of part-time employees who are full-time students attending public or private schools other than colleges, universities, business schools, or technical schools, and of wards paroled from the Hawaii youth correctional facility, under special certificates issued by the director, at such wages lower than the applicable minimum wage and subject to such limitations as to time, number, proportion, and length of service as the director shall prescribe; and

(2) Of individuals whose earning capacity is impaired by old age or physical or mental deficiency or injury, under special certificates issued by the director, at such wages lower than the applicable minimum wage and for such period as shall be fixed in the certificates.

[(b) (1) After June 30, 1974, and until June 30, 1976, notwithstanding the provisions of section 387-2 and of the foregoing subsection, an employer engaged in a seasonal pursuit may employ an employee:

(A) To whom the minimum wage rate required by section 387-2 would apply in such employment but for this subsection, and

(B) Who is a full-time student who attended a public or private school, other than a college, university, business school or technical school, for at least six months during the preceding twelve-month period, at a special minimum wage rate not less than eighty-five per centum of a minimum wage applicable under section 387-2.

(2)] (b) The director may by [regulation] rule prescribe standards and requirements to [insure] ensure that this [subsection] section will not create a substantial probability of reducing the full-time employment opportunities of persons other than those to whom the special minimum wage rate authorized by this [subsection] section is applicable."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.