THE SENATE

S.B. NO.

2610

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to Overtime.

 

 

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

 

     SECTION 1.  Section 387-3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "§387-3  Maximum hours.  (a)  No employer shall, except as otherwise provided in this section, employ any employee for [a]:

     (1)  A workweek longer than forty hours unless the employee receives overtime compensation for the employee's employment in excess of [the hours above specified] forty hours in the workweek at a rate not less than one and one-half times the regular rate at which the employee is employed[.]; or

     (2)  A workday longer than eight hours for more than six days in any workweek unless the employee receives overtime compensation at a rate not less than:

          (A)  One and one-half times the regular rate at which the employee is employed for the employee's employment in excess of eight hours up to and including twelve hours in a workday, and for the first eight hours worked on the seventh consecutive day of the workweek; and

          (B)  Double the regular rate at which the employee is employed for the employee's employment in excess of twelve hours in a workday, and for all hours worked in excess of eight hours on the seventh consecutive day of the workweek.

     For the purposes of this section[[]:[]]

     (1)  "Employee" has the same meaning as defined in section 387-1; provided that "employee" shall include a minor who has attained the age of sixteen years but not eighteen years and satisfies the conditions of section 390-2(b);

     (2)  "Employer" means a person who directly or indirectly, or through an agent or any other person, including through the services of a third-party member, temporary services, or staffing agency, independent contractor, or any similar entity, at any time in the prior twelve months, employees or exercises control over the wages, hours, or working conditions of fifty or more employees at a single business establishment;

    [(1)] (3)  "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; and

    [(2)] (4)  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.

     (b)  The regular rate of an employee who is employed on a salary shall be computed as follows:

     (1)  If the employee is employed on a daily salary, the daily salary and the reasonable cost of board, lodging, or other facilities, if furnished to the employee, shall be divided by eight;

    [(1)] (2)  If the employee is employed on a weekly salary, the weekly salary and the reasonable cost of board, lodging, or other facilities, if furnished to the employee, shall be divided by forty[.];

    [(2)] (3)  If the employee is employed on a biweekly salary, the biweekly salary and the reasonable cost of board, lodging, or other facilities, if furnished to the employee, shall be divided by two and the quotient divided by forty[.];

    [(3)] (4)  If the employee is employed on a semi-monthly salary, the semi-monthly salary and the reasonable cost of board, lodging, or other facilities, if furnished to the employee, shall be multiplied by twenty-four, the product divided by fifty-two and the quotient divided by forty[.]; and

    [(4)] (5)  If the employee is employed on a monthly salary, the monthly salary and the reasonable cost of board, lodging, or other facilities if furnished to the employee, shall be multiplied by twelve, the product divided by fifty-two and the quotient divided by forty."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Wage and Hour Law; Overtime Pay

 

Description:

Prohibits employers from employing employees for a workday longer than eight hours for more than 6 days in a workweek unless the employer pays the employee overtime pay at 1.5 times the employee's regular rate for hours worked in excess of 8 hours, and double the employee's regular pay rate for hours worked in excess of 12 hours in a workday.  Extends the overtime pay requirements to certain minors who are sixteen and seventeen years of age.

 

 

 

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