Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2691, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to allow civil actions under chapter 104, Hawaii Revised Statutes, for injunctive and other relief to be instituted by a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978.

Your Committee received testimony in support of this measure from the Hawaii Carpenters Union. The Department of Labor and Industrial Relations submitted testimony in opposition.

Your Committee finds that the current law allows laborers and mechanics to bring suit to recover wages or overtime compensation but fails to contemplate situations where the aggrieved individual is essentially prevented from seeking redress because of lack of information and resources, the fear of retaliation, or the inability to obtain injunctive relief against an employer who is continuously in violation of the law. This measure provides an additional remedy and safeguard and will assist in ensuring that prevailing wage laws are followed.

Your Committee has amended this measure to insert a defective effective date to promote further discussion on this matter.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2691, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2691, S.D. 2.