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Legislative Updates
2018 Legislative Wrap-Up

The 2018 legislative session has come to a close and our State Legislature passed a few bills that affect Hawaii’s labor and employment laws.  Some of the areas of law that have been (or will be) impacted include the following:

  • Increased Workers’ Compensation Reimbursement Rates (for firefighters only)
  • Pay Secrecy and Pay Transparency
  • Paid Family Leave (Study Only; Due September 2019)
  • Medical Cannabis Working Groups

The Hawaii Employers Council has published its Legislative Digest following the Governor’s Veto Deadline.  The digest can be viewed here:  2018 Employment Law Bills after Veto Deadline.

In addition, some of the labor and employment bills that died this year include the following:

  • Notice of Work Schedules
  • Paid Sick Leave
  • Medical Marijuana Job Protection
  • Social Media Privacy
  • Mandatory Meal Breaks
  • Minimum Wage Increases
  • Workers’ Compensation Presumptions
 
2018 Legislative Proposals

The 2018 legislative session is well underway.This year, lawmakers introduced dozens of bills that could impact many different areas of labor and employment law.  For instance, some of these proposals could revise Hawaii law on the following topics:

  • Notice of Work Schedules
  • Paid Sick Leave
  • Hiring Practices
  • Employment Discrimination
  • Paid Family and Medical Leave
  • Pay Secrecy and Transparency
  • Social Media Privacy
  • Workplace TRO’s
  • Independent Contractors
  • Wage Discrimination
  • Minimum Wage
  • Workers Compensation
  • Temporary Disability Insurance

Many of these measures have been heard and passed out by their assigned committees, whereas others may end up on the cutting room floor this week.  The Hawaii Employers Council (“HEC”) will be closely monitoring these bills during the 2018 legislative session.

You can view a listing of bills that HEC will be monitoring here:  2018 Employment Bills Introduced.   An updated list of bills will be issued following the First Crossover deadline.

 
State House Leadership Changes Announced

Earlier today, the new Speaker of the State House of Representatives Scott Saiki announced his full leadership team.

The new Vice Speaker of the House is Della Au Belatti, the Majority Leader is Cindy Evans, and the Majority Floor Leader is Dee Morikawa.  The full list of Saiki’s new leadership team can be viewed here:  New House Leadership May 17, 2017.

 
2017 Legislative Wrap-Up

The 2017 legislative session has come to a close.  This year, state lawmakers ended up passing out several measures that will amend various employment laws in Hawaii.  Such laws include workers’ compensation, payment of wages, Hawaii Family Leave Law, occupational safety and health penalties, and others.  In addition, the legislature also passed out bills with regards to the Affordable Care Act, medical marijuana, non-profit corporations, and privacy of medical records.

Each legislative session, I prepare a legislative digest on behalf of the Hawaii Employers Council (“HEC”) that provides a list and description of the bills we think could have an impact on employers.  To view a copy of the latest version of the legislative digest following the end of session, please click on the following link:  Employment Bills after Sine Die.

I also presented a 45-minute webinar discussing several of these bills.  The webinar is available for HEC members only and can be viewed here:  2017 Legislative Wrap-Up (Recorded Webinar).

 
2017 Legislative Session Predictions

The legislative session is going to start in just a couple of days.  In order to help HEC members begin thinking about what they will likely see from our lawmakers over the next several months, I recently conducted a 90-minute webinar forecasting possible employment-related legislation for the upcoming legislative session.

To set the context for what types of bills we may see get introduced, heard and possibly passed, I first discussed the political context we are currently experiencing, including (1) a new Labor chair for the House of Representatives, (2) political influencers such as Sen. Bernie Sanders, Rep. Tulsi Gabbard, and the new chair of the Hawaii Democratic Party Tim Vandeveer.  I also mentioned the possible trickle-down impact that having President-elect Trump take over the White House may have at the state level.

The possible legislation I then discussed included the following:

  • Salary thresholds for exempt employees
  • Paid sick and save leave
  • Pay transparency and pay equity
  • Minimum wage (and the “Fight for $15″)
  • Hawaii Family Leave Law expansion
  • Social Media privacy
  • Increased regulation of construction industry
  • Employment discrimination (Adams v. CDM Media case)
  • Medical information privacy (PRO v. Queen’s case)
  • Independent Contractors
  • Incentives for hiring disabled individuals
  • Small business preferences for state procurement
  • Price caps on WC medication
  • Increased HIOSH penalties
  • Electronic notices for DLIR hearings
  • Funding for DLIR positions

As the bills start to get introduced and hearings get underway, I’ll be busy tracking legislation on these topics (and likely others).  As a non-election year, it will be interesting to see what kind of legislation has the most movement in 2017.