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2016 Legislative Forecast

Earlier this week, on Monday, I presented a 1.5 hour webinar that discussed several issues I anticipate will be hot topics during the 2016 legislative session in the realm of labor and employment law.  The webinar was free and available only to members of the Hawaii Employers Council.  This was the fourth year in a row that I conducted this type of webinar before the start of the legislative session.

Although this is an election year, I expect to see lawmakers addressing several significant issues during session.  Such issues will likely include the following:

  • Paid Sick and Safe Leave
  • Expansion of HFLL
  • Wage and Hour Exemptions
  • Expanded Rights for Medical Marijuana Users
  • Increased WC and TDI Penalties
  • NAICS Reporting Requirements
  • PHC Premium Supplementation Fund
  • ACA and Connector Issues
  • Employment Discrimination (in light of the Adams decision)
  • WC and IME’s
  • Social Media Privacy
  • Independent Contractors vs. Employees

Of course, these are just predictions about what we can expect to see during this legislative session.  As anybody who has been through the legislative process surely knows, the only certainty about session is that it will be full of uncertainty.

 
Hawaii Minimum Wage Now $8.50 Per Hour

Happy New Years everybody and welcome back to work!  This is just a quick reminder that the Hawaii minimum wage increased by 75 cents on January 1, 2016, which makes the new minimum wage in Hawaii $8.50 per hour.  The tip credit is still just 75 cents per hour (assuming the tipped employee earns at least $7.00 per hour in tipped income and wages).

Minimum+wage+increase.mgn (1)

In addition, the minimum wage is also scheduled to increase twice more in the next two years.  Beginning January 1, 2017, the minimum wage will be $9.25 per hour and on January 1, 2018 it will increase to $10.10 per hour.

For further discussion on the Hawaii minimum wage or tip credit, you can read a helpful guide issued by the Hawaii Department of Labor and Industrial Relations back in 2014:  DLIR Wage and Hour Notice.

 
HEC 2015 Hawaii State Legislative Update

For 2015, instead of conducting a formal in-person presentation for the Hawaii State Legislative Update, HEC produced a YouTube video that highlights the few laws that were passed this year.  The video is pretty short (~5 minutes) and provides an update on some new labor and employment laws that resulted from the 2015 legislative session.

To view the video, please click on the following link:  HEC 2015 State Legislative Update

In addition, you can obtain the latest version of HEC’s Legislative Digest here:  Legislative Digest after Veto Deadline.

Finally, as always, if you have any questions or comments, please let me know.  Have a great day!

 
Workplace Accommodations Made Easy

Hi Everybody!   I hope you’ve all had a great year so far and have at least some free time to enjoy the Holiday Season!  I can’t believe that it’s Thanksgiving week already.  It seems like the days, weeks, months and years seem to go by so much faster as I get older.  Like the saying goes…

timeflies

Anyway, I wanted to send out a quick blog post to let you all know about an exciting workshop I will be presenting in the first quarter of 2015.  Due to several requests from HEC members, I’ve decided to put together a half-day program discussing the different types of accommodations employers must provide their employees (applicants and volunteers) in the workplace.  The topics of discussion will include accommodations based on disabilities, religion, pregnancy, status as a victim of domestic or sexual violence, and gender identity and expression, as well as others

The seminar will be presented on the following dates and locations.  All sessions will be held from 9 am to 12 noon.  (Click for link to registration form.)

The program will be informative, interactive and (hopefully) fun!  You can register for the event by visiting the training section of the HEC website at http://www.hecouncil.org/all-training.  I hope you can join me and Happy Holidays!

 

 
2014 Legislative Session: Final Report

On July 8, 2014, we passed the final deadline of the 2014 Legislative Session, the Veto Deadline.  The Veto Deadline is the date by which the Governor must either sign or veto a bill.  Any bill that is not vetoed becomes law “without the governor’s signature.”  This year, the Governor did not veto any of the employment-related bills.

Some of the bills that have became law include those addressing the following areas:

  • Minimum Wage (Act 82) – increases the states minimum wage
  • Private Guards (Act 94) – relaxes CE requirements for private guards
  • TDI (Act 160) – adds “organ donation” as an eligible disability to Hawaii’s TDI law
  • Organ, Bone Marrow or Stem Cell Donation (Act 161) - creates new leave law
  • Direct Deposit or Pay Cards (Act 208) – updates Hawaii payment of wages law
  • WC Drugs (Act 231) – sets price for repackaged, relabeled or combined WC drugs
  • Hawaii Health Connector (Act 233) – changes the operations of the Health Connector

A full list of bills that may be of interest to employers can be viewed on the HEC Legislative Digest, which can be accessed on the Legislative Updates section of the HEC website.  The Legislative Digest is currently available to the public.  In addition, HEC members can also access a Highlights article that discusses several of these new laws in more detail.