STAND. COM. REP. NO. 391

Honolulu, Hawaii

, 2005

RE: S.B. No. 1277

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Labor, to which was referred S.B. No. 1277 entitled:

"A BILL FOR AN ACT RELATING TO EMPLOYMENT PRACTICES,"

begs leave to report as follows:

The purpose of this measure is to extend the protection of the Whistleblowers' Protection Act to employees who report violations or information demonstrating danger to public health or safety to their employers or to government agencies.

This measure also provides that the statute of limitations period of two years does not begin to run until a physically or mentally incapacitated aggrieved employee is able to return to work.

Testimony in support of this measure was submitted by the Department of Human Resources Development. Testimony in opposition to this measure was submitted by the Department of Labor and Industrial Relations, the Chamber of Commerce of Hawaii, and the Society of Human Resource Management.

Your Committee finds that although it is in the best interest of the public in general for employees to report observed violations of laws or situations that may pose a danger to public health and safety, many employees choose not to due to the fear of retaliation by their employers. The current law provides some protection for employees who are brave enough to speak out against observed illegalities in the workplace; however, the law does not protect individuals who report violations that may pose a danger to health or public safety. Your Committee determines that the law should provide protection for employees who report such violations as this will help to preserve and promote efficient and safe workplaces.

Additionally, your Committee finds that currently, the statute of limitations continues to run for individuals who are physically or mentally incapacitated and unable to work, and thus unable to adequately prosecute a claim for a violation of the Whistleblowers' Protection Act. In order to provide such individuals with an adequate opportunity to properly prepare and defend a claim under the law, the statute of limitation period should be tolled during the time of the individual's incapacity.

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1277 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.

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

____________________________

BRIAN KANNO, Chair