Bills on Minimum Wage, NDAs, Employment Discrimination Still Alive at the Legislature

Among the bills surviving crossover at the 2020 Hawaii Legislative Session are these of interest to employers:

HB1701 HD1: Conforms statutory prohibitions against wage discrimination with other prohibition on employment discrimination. Clarifies allowable justifications for compensation differentials and remedies for pay disparity. Requires employers to disclose wage ranges to employees and prospective employees. Effective January 1, 2050. 

HB1782 HD1: Limits the convictions that may be used in employment decisions from all convictions in the most recent 10 years to felony convictions that occurred in a certain time period and misdemeanor convictions that occurred in a certain time period. Effective January 1, 2050. Companion bill: SB2193

HB1980 HD1: Requires all employers to notify their employees in writing of the availability of the federal and state earned income tax credits. Effective January 1, 2050.

HB2054 HD1: Prohibits an employer from requiring an employee to enter into a nondisclosure agreement pertaining to sexual harassment of sexual assault. Prohibits an employer from retaliating against an employee for disclosing or discussing sexual harassment or sexual assault. Effective January 1, 2050. Companion bill: SB2313

HB2148 HD1: Extends Hawaii family leave to include care for employees’ grandchildren. Defines “sibling” to include biological, foster, adopted or step- brothers and sisters. Effective January 1, 2050.

HB2273 HD1: Increases the penalty for violation of wages and hours laws to a class C felony. Effective January 1, 2050.

HB2541 HD1: Makes the state earned income tax credit refundable and permanent. Increases and amends the refundable food/excise tax credit by basing the amount of the credit on a taxpayer's Hawaii earned income and federal adjusted gross income. Increases minimum wage rate to $11.00 per hour beginning on 1/1/2021, $12.00 per hour beginning on 1/1/2022, $12.50 per hour beginning on 1/1/2023, and $13.00 per hour beginning on 1/1/2024. Companion bill: SB3012\

SB2543 SD2: Prohibits an employer from discriminating against a person in hiring, termination, or condition of employment based on the person's status as a medical cannabis cardholder, under certain conditions. Specifies that an employer may use a fit for duty test as a tool for medical cannabis users in potentially dangerous occupations. Exempts certain occupations. Effective January 2, 2050.

SB2010 SD1: Establishes The Uniform Employee and Student Online Privacy Protection Act that adopts uniform laws on protecting the online accounts of employees, prospective employees, unpaid interns, applicants, students, and prospective students from employers and educational institutions.

SB2491 SD2: Provides family leave insurance benefits and extends period of family leave to 16 weeks for businesses that employ one or more employees who meet the hourly qualifications. Appropriates funds. Effective July 1, 2050.