STAND. COM. REP. NO. 1142

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 391

       H.D. 1

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 391, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO WAGES AND HOURS ON PUBLIC WORKS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to amend the prevailing wage law to allow for payment of overtime on public works projects in excess of time and a half.  This measure also authorizes overtime rates in prevailing collective bargaining agreements to apply to the wage rate schedule and thereby provide a level playing field between union and non-union contractors.

 

     Your Committee received testimony in support of this measure from the Department of Labor and Industrial Relations and Hawaii Construction Alliance.  Your Committee received comments on this measure from the General Contractors Association of Hawaii.

 

     Your Committee finds that this measure would have the practical effect of setting the floor for overtime pay on public works projects at time and a half.  This measure also recognizes situations in which an overtime rate greater than time and a half may have been collectively bargained for.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying that a prevailing wage may be "defined by" rather than "subject to" a collective bargaining agreement; and

 

     (2)  Clarifying that a basic hourly rate can be established "by" rather than "in" a collective bargaining agreement.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 391, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 391, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

________________________________

GILBERT S.C. KEITH-AGARAN, Chair