THE SENATE

S.B. NO.

234

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to retail EMPLOYMENT.

 

 

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

 


     SECTION 1.  The legislature finds that holidays provide a wonderful opportunity to spend time with family and friends.  However, there has been a recent pattern of retailers encroaching on holidays in their quest for a profit.  This pattern is particularly noticeable during the Thanksgiving holiday.  As the start of the holiday shopping season arrives earlier each year, retailers are extending their shopping hours.  In 2013, several retailers that previously were only open on the Friday after Thanksgiving, commonly referred to as "Black Friday", decided to open their doors on Thanksgiving.  In 2014, even more retailers were open for business on Thanksgiving, including Best Buy, Old Navy, Target, Walgreens, and Walmart.  While these extended retail hours may appeal to retailers and shoppers, the employees who are asked and expected to work these hours are sacrificing cherished time away from their families and friends.

     The purpose of this Act is to ensure that retail employees who work on state holidays are financially compensated and are not penalized for electing to not work on a state holiday.

     SECTION 2.  Chapter 387, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§387-    Wages paid by retail employers to retail employees on state holidays; retaliatory personnel action prohibition.  (a)  A retail employer shall pay each employee for time worked on a state holiday at a wage rate of three times the retail employee's regular wage rate at which the retail employee is employed.

     (b)  A retail employer shall not take retaliatory personnel action against a retail employee for electing to not work on a state holiday.

     (c)  For purposes of this section:

     "Retail employee" means a person employed at a retail establishment.

     "Retail employer" means an employer who employs at least one person at a retail establishment.

     "Retail establishment" means a place of business open to the general public for the sale of goods or services to the final consumer.

     "Retaliatory personnel action" means any action that adversely affects a retail employee's employment status, wages, hours, or employment conditions."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Retail Employer; Retail Employee; State Holidays; Wages; Retaliatory Personnel Action Prohibition

 

Description:

Requires a retail employer to pay a retail employee who works on a state holiday at a wage rate of three times the retail employee's regular wage rate and prohibits a retail employer from taking retaliatory personnel action against a retail employee for electing to not work on a state holiday.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.