THE SENATE |
S.B. NO. |
3293 |
THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to WAGEs AND HOURS OF EMPLOYEES ON PUBLIC WORKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that existing law prohibits laborers and mechanics from working on Saturdays, Sundays, and state holidays, on certain state public work job sites unless the laborer or mechanic receives overtime compensation for all hours worked that day.
The legislature further finds that due to this overtime compensation requirement, contractors refrain from scheduling employees to work on Saturdays, Sundays, and state holidays, even when the employees are prevented from working forty hours during the week due to conditions and circumstances beyond the contractor's control. This practice deprives employees from receiving full weekly pay and unnecessarily delays the completion of the public project.
The purpose of this Act is to authorize laborers and mechanics to work on Saturdays, Sundays, and state holidays, at the regular hourly rate as permitted under a collective bargaining agreement.
SECTION 2. Section 104-2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) No laborer or mechanic employed on the job
site of any public work of the State or any political subdivision thereof shall
be permitted or required to work on Saturday, Sunday, or a legal holiday of the
State or in excess of eight hours on any other day unless the laborer or
mechanic receives overtime compensation for all hours worked on Saturday,
Sunday, and a legal holiday of the State or in excess of eight hours on any
other day[.], except when an applicable collective bargaining
agreement sets the basic hourly rates for work on Saturday, Sunday, or a legal
holiday of the State. The rate for
overtime compensation and any other premium rates of pay shall be those rates
specified in an applicable collective bargaining agreement when the basic
hourly rate is established by a collective bargaining agreement.
For purposes of determining overtime compensation under this subsection, the basic hourly rate of any laborer or mechanic shall not be less than the basic hourly rate determined by the director to be the prevailing basic hourly rate for corresponding classes of laborers and mechanics on projects of similar character in the State."
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.
INTRODUCED BY: |
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Report Title:
Wages and Hours; Employees on Public Works; Exception
Description:
Establishes an exemption to overtime compensation for employees on public works projects working on a Saturday, Sunday, or state holiday under certain conditions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.