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THE SENATE |
S.B. NO. |
234 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RETAIL EMPLOYMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that holidays traditionally reserved for family gatherings, such as Thanksgiving and Christmas, provide a wonderful opportunity to spend time with family and friends. However, there has been a recent pattern of retailers encroaching on family holidays in their quest for a profit. This pattern is particularly noticeable during the Thanksgiving holiday. As the start of the holiday shopping season arrives earlier each year, retailers are extending their shopping hours. While these extended retail hours may appeal to retailers and shoppers, the employees who are asked and expected to work these hours are sacrificing cherished time away from their families and friends. The legislature concludes that employees who elect not to work on certain holidays should not be subject to retaliatory personnel action by their employer.
Accordingly, the purpose of this Act is to ensure that an employee who is scheduled to work on a holiday traditionally reserved for family gatherings, such as Thanksgiving or Christmas, is not subject to retaliatory action by an employer for refusing to work on such a holiday.
SECTION 2. Section 378-32, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) It shall be unlawful for any employer to suspend, discharge, or discriminate against any of the employer's employees:
(1) Solely because the employer was summoned as a garnishee in a cause where the employee is the debtor or because the employee has filed a petition in proceedings for a wage earner plan under chapter XIII of the Bankruptcy Act;
(2) Solely because the employee has suffered a work injury which arose out of and in the course of the employee's employment with the employer and which is compensable under chapter 386 unless the employee is no longer capable of performing the employee's work as a result of the work injury and the employer has no other available work which the employee is capable of performing. Any employee who is discharged because of the work injury shall be given first preference of reemployment by the employer in any position which the employee is capable of performing and which becomes available after the discharge and during the period thereafter until the employee secures new employment. This paragraph shall not apply to any employer in whose employment there are less than three employees at the time of the work injury or who is a party to a collective bargaining agreement which prevents the continued employment or reemployment of the injured employee;
(3) Because the employee testified or was subpoenaed
to testify in a proceeding under this part; [or]
(4) Because an employee tested positive for the
presence of drugs, alcohol, or the metabolites of drugs in a substance abuse
on-site screening test conducted in accordance with section 329B-5.5; provided
that this provision shall not apply to an employee who fails or refuses to
report to a laboratory for a substance abuse test pursuant to section 329B-5.5[.];
or
(5) Because the employee refused to work on a holiday that is traditionally reserved for family gatherings, such as Thanksgiving or Christmas, if scheduled to do so by the employer."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Retail Employer; Retail Employee; Family Holidays; Employment Practices; Unlawful Suspension, Discharge, or Discrimination
Description:
Makes it unlawful for any employer to suspend, discharge, or discriminate against any of the employer's employees because an employee refused to work on a holiday that is traditionally reserved for family gatherings, such as Thanksgiving or Christmas, if scheduled to do so by the employer. Effective 07/01/2050. (SD1)
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