Bill Text: HI HB34 | 2019 | Regular Session | Amended
Bill Title: Relating To Wages.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2019-07-09 - Act 191, 07/02/2019 (Gov. Msg. No. 1293). [HB34 Detail]
Download: Hawaii-2019-HB34-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
34 |
|
THIRTIETH LEGISLATURE, 2019 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO WAGES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 104-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Every laborer and mechanic performing work on the job site for the construction of any public work project shall be paid no less than prevailing wages; provided that:
(1) The prevailing wages shall be established by the director as the sum of the basic hourly rate and the cost to an employer of providing a laborer or mechanic with fringe benefits. In making prevailing wage determinations, the following shall apply:
(A) The director shall make separate findings of:
(i) The basic hourly rate; and
(ii) The rate of contribution or cost of fringe benefits paid by the employer when the payment of the fringe benefits by the employer constitutes a prevailing practice. The cost of fringe benefits shall be reflected in the wage rate scheduled as an hourly rate; and
(B) The rates of wages
which the director shall regard as prevailing in each corresponding
classification of laborers and mechanics shall be the rate of wages paid to the
greatest number of those employed in the State, the modal rate, in the
corresponding classes of laborers or mechanics on projects that are similar to
the contract work;
provided
that the foreperson classification shall be recognized and follow
the requirements stated in the collective bargaining agreement when the basic
hourly rate is established by a collective bargaining agreement;
(2) Except for the project prevailing wages established by subsections (h) and (i), the prevailing wages shall be not less than the wages payable under federal law to corresponding classes of laborers and mechanics employed on public works projects in the State that are prosecuted under contract or agreement with the government of the United States; and
(3) Notwithstanding the provisions of the original contract, the prevailing wages shall be periodically adjusted during the performance of the contract in an amount equal to the change in the prevailing wage as periodically determined by the director."
SECTION 2. This Act shall not be applied so as to impair any contract
existing as of the effective date of this Act in a manner violative of either
the Hawaii State Constitution or Article I, section 10, of the United States
Constitution.
SECTION 3. This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
SECTION
4. If any part of this Act is found to
be in conflict with federal requirements that are a prescribed condition for
the allocation of federal funds to the State, the conflicting part of this Act
is inoperative solely to the extent of the conflict and with respect to the
agencies directly affected, and this finding does not affect the operation of
the remainder of this Act in its application to the agencies concerned. The rules under this Act shall meet federal
requirements that are a necessary condition to the receipt of federal funds by
the State.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2050.
Report Title:
Public Works Contracts; Prevailing Wages; Collective Bargaining
Description:
Requires that the foreperson classification be recognized in wage and hour requirements contained in statute and in collective bargaining agreements for laborers and mechanics on public works projects. (HB34 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
