Bill Text: HI SB1475 | 2019 | Regular Session | Amended
Bill Title: Relating To Wages.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-04-23 - Received notice of Senate conferees (Sen. Com. No. 954). [SB1475 Detail]
Download: Hawaii-2019-SB1475-Amended.html
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THE SENATE |
S.B. NO. |
1475 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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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 further that the
foreperson classification shall be recognized as a separate wage classification
for public works projects and follow the requirements stated in the collective
bargaining agreement when the basic hourly rate is established by a collective
bargaining agreement, if an organization with a collective bargaining agreement
chooses to have the foreperson classification recognized as a separate wage
classification for public works projects within its respective trade through
the submission of its individual collective bargaining agreement and by a
specific request from that organization to have the foreperson classification
recognized as a separate wage classification for public works projects within
its respective trade;
(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[.]; and
(4) For the purposes of this subsection, "foreperson" means a skilled person employed to supervise personnel who work in the areas of construction."
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2051.
Report Title:
Laborers; Mechanics; Prevailing Wages; Collective Bargaining Agreement; Foremen Classification; Little Davis-Bacon Act
Description:
Determines the procedures for when the foreperson classification shall be recognized in Hawaii's Davis-Bacon Act and the requirements in the collective bargaining agreement be followed when the basic hourly rate is established by a collective bargaining agreement. (SB1475 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
