HOUSE OF REPRESENTATIVES

H.B. NO.

634

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO EMPLOYMENT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 394B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"394B- Worker retention in the event of a divestiture. (a) If a divestiture of a covered establishment occurs, the successor employer:

(1) Shall hire all incumbent non-supervisory and non-confidential employees, except as provided in this section;

(2) Shall not require incumbent employees to file employment applications with the successor employer to be considered for hire unless existing employee files are incomplete;

(3) May conduct pre-hire screening of the incumbent employees not prohibited by law, including but not limited to criminal conviction record checks executed in accordance with section 378-2.5 and drug screening executed in accordance with chapter 329B; and

(4) May retain less than one hundred per cent of incumbent employees if:

(A) The business of the successor employer is substantially dissimilar to the former employer's business; or

(B) The human resource needs of the successor employer are reduced, resulting in the reduction of employees needed;

provided that the number of employees to be dislocated shall be in direct proportion to the reduction in the total human resource needs of the successor employer.

For the purposes of this subsection, "covered establishment" means any industrial, commercial, or other business entity that employed one hundred or more persons at any time in the preceding twelve-month period.

(b) This section shall not be construed to abrogate the right of the employer to manage the employer's employees.

(c) An employer found in violation of this section shall pay to compensate the dislocated employee for the difference between the employee's wages under the employee's former employer and the employee's unemployment insurance benefits received for the covered period.

(d) The director shall adopt rules in accordance with chapter 91 to carry out the purposes of this section."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2030.


 


 

Report Title:

Employment; Worker Retention

 

Description:

Establishes job security requirements upon the divestiture of a covered establishment if the covered establishment employs 100 or more persons. Effective July 1, 2030. (HB634 HD1)

 

 

 

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