HB 222: RELATING TO THE WAGE AND HOUR LAW.

A BILL FOR AN ACT

RELATING TO THE WAGE AND HOUR LAW.

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

     SECTION 1.  Section 387-1, Hawaii Revised Statutes, is amended by amending the definition of "employee" to read as follows:

     ""Employee" includes any individual employed by an employer, but shall not include any individual employed:

     (1)  At a guaranteed compensation totaling $4,000 or more a month, whether paid weekly, biweekly, or monthly;

     (2)  In agriculture for any workweek in which the employer of the individual employs less than twenty employees or in agriculture for any workweek in which the individual is engaged in coffee harvesting;

     (3)  In or about the home of the individual's employer:

          (A)  In domestic service on a casual basis; or

          (B)  Providing companionship services for the aged or infirm;

     (4)  As a house parent in or about any home or shelter maintained for child welfare purposes by a charitable organization exempt from income tax under section 501 of the federal Internal Revenue Code;

     (5)  By the individual's sibling, sibling-in-law, child, spouse, parent, or parent-in-law;

     (6)  In a bona fide executive, administrative, supervisory, or professional capacity or in the capacity of outside salesperson or as an outside collector;

     (7)  In the propagating, catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacean, sponge, seaweed, or other aquatic forms of animal or vegetable life, including the going to and returning from work and the loading and unloading of those products before first processing;

     (8)  On a ship or vessel and who has a Merchant Mariners Document issued by the United States Coast Guard;

     (9)  As a driver of a vehicle carrying passengers for hire operated solely on call from a fixed stand;

    (10)  As a golf caddy;

    (11)  By a nonprofit school during the time that the individual is a student attending the school;

    (12)  In any capacity if by reason of the employee's employment, in that capacity and during the term thereof, the minimum wage that may be paid to the employee or maximum hours that the employee may work during any workweek without the payment of overtime, are prescribed by the federal Fair Labor Standards Act of 1938, as amended, or as the same may be further amended from time to time; provided that if the minimum wage that may be paid to the employee under the Fair Labor Standards Act for any workweek is less than the minimum wage prescribed by section 387-2, then section 387-2 shall apply in respect to the employee for that workweek; provided further that if the maximum workweek established for the employee under the Fair Labor Standards Act for the purposes of overtime compensation is higher than the maximum workweek established under section 387-3, then section 387-3 shall apply in respect to the employee for that workweek; except that the employee's regular rate in that event shall be the employee's regular rate as determined under the Fair Labor Standards Act;

    (13)  As a seasonal youth camp staff member in a resident situation in a youth camp sponsored by charitable, religious, or nonprofit organizations exempt from income tax under section 501 of the federal Internal Revenue Code or in a youth camp accredited by the American Camping Association; [or]

    (14)  As an automobile salesperson primarily engaged in the selling of automobiles or trucks if employed by an automobile or truck dealer licensed under chapter 437[.]; or

    (15)  In agriculture and primarily engaged in the range production of livestock."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Wage and Hour Law; Employee; Range Production of Livestock; Exemption

Description:

Amends the definition of "employee" in Hawaii's wage and hour law by excluding individuals who are primarily engaged in the range production of livestock.  Effective July 1, 3000.  (HD1)

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

A BILL FOR AN ACT

relating to the wage and hour law.

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

     SECTION 1.  Section 387-1, Hawaii Revised Statutes, is amended by amending the definition of "employee" to read as follows:

     ""Employee" includes any individual employed by an employer, but shall not include any individual employed:

     (1)  At a guaranteed compensation totaling $4,000 or more a month, whether paid weekly, biweekly, or monthly;

     (2)  In agriculture for any workweek in which the employer of the individual employs less than twenty employees or in agriculture for any workweek in which the individual is engaged in coffee harvesting;

     (3)  In or about the home of the individual's employer:

          (A)  In domestic service on a casual basis; or

          (B)  Providing companionship services for the aged or infirm;

     (4)  As a house parent in or about any home or shelter maintained for child welfare purposes by a charitable organization exempt from income tax under section 501 of the federal Internal Revenue Code;

     (5)  By the individual's sibling, sibling-in-law, child, spouse, parent, or parent-in-law;

     (6)  In a bona fide executive, administrative, supervisory, or professional capacity or in the capacity of outside salesperson or as an outside collector;

     (7)  In the propagating, catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacean, sponge, seaweed, or other aquatic forms of animal or vegetable life, including the going to and returning from work and the loading and unloading of those products before first processing;

     (8)  On a ship or vessel and who has a Merchant Mariners Document issued by the United States Coast Guard;

     (9)  As a driver of a vehicle carrying passengers for hire operated solely on call from a fixed stand;

    (10)  As a golf caddy;

    (11)  By a nonprofit school during the time that the individual is a student attending the school;

    (12)  In any capacity if by reason of the employee's employment, in that capacity and during the term thereof, the minimum wage that may be paid to the employee or maximum hours that the employee may work during any workweek without the payment of overtime, are prescribed by the federal Fair Labor Standards Act of 1938, as amended, or as the same may be further amended from time to time; provided that if the minimum wage that may be paid to the employee under the Fair Labor Standards Act for any workweek is less than the minimum wage prescribed by section 387-2, then section 387-2 shall apply in respect to the employee for that workweek; provided further that if the maximum workweek established for the employee under the Fair Labor Standards Act for the purposes of overtime compensation is higher than the maximum workweek established under section 387-3, then section 387-3 shall apply in respect to the employee for that workweek; except that the employee's regular rate in that event shall be the employee's regular rate as determined under the Fair Labor Standards Act;

    (13)  As a seasonal youth camp staff member in a resident situation in a youth camp sponsored by charitable, religious, or nonprofit organizations exempt from income tax under section 501 of the federal Internal Revenue Code or in a youth camp accredited by the American Camping Association; [or]

    (14)  As an automobile salesperson primarily engaged in the selling of automobiles or trucks if employed by an automobile or truck dealer licensed under chapter 437[.]; or

    (15)  In agriculture and primarily engaged in the range production of livestock."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Wage and Hour Law; Employee; Range Production of Livestock; Exemption

Description:

Amends the definition of "employee" in Hawaii's wage and hour law by excluding individuals who are primarily engaged in the range production of livestock.

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

STAND. COM. REP. NO.  646

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 222

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Agriculture & Food Systems, to which was referred H.B. No. 222, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE WAGE AND HOUR LAW,"

begs leave to report as follows:

     The purpose of this measure is to amend the definition of "employee" in Hawaii's wage and hour law by excluding individuals who are primarily engaged in the range production of livestock.

     Your Committee received testimony in support of this measure from the Hawaiʻi Farm Bureau.  Your Committee received comments on this measure from the Department of Labor and Industrial Relations.

     Your Committee finds that under Hawaii's existing wage and hour law, which includes, among other things, minimum wage and overtime requirements, the definition of "employee" already excludes any individual employed in agriculture for any workweek in which the employer of the individual employs less than twenty employees.  Your Committee further finds that livestock production employees have unique needs and tasks that vary widely from day to day and therefore require more flexibility than is currently provided under the wage and hour law, including under the existing exemption for certain agricultural employees.  This measure would grant that additional flexibility by exempting from the requirements of the wage and hour law employees of livestock producer employers for any workweek in which the employer employs twenty or more employees.

     As affirmed by the record of votes of the members of your Committee on Agriculture & Food Systems that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 222, H.D. 1, and recommends that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Agriculture & Food Systems,

STAND. COM. REP. NO.  9

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 222

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Labor, to which was referred H.B. No. 222 entitled:

"A BILL FOR AN ACT RELATING TO THE WAGE AND HOUR LAW,"

begs leave to report as follows:

     The purpose of this measure is to amend the definition of "employee" in Hawaii's wage and hour law by excluding individuals who are primarily engaged in the range production of livestock.

     Your Committee received testimony in support of this measure from the Hawaii Cattlemen's Council, Inc.; and one individual.  Your Committee received comments from the Department of Labor and Industrial Relations.

     Your Committee finds that the existing definition of "employee" under Hawaii's wage and hour law does not exclude individuals who are primarily engaged in the range production of livestock.  As the daily tasks of a livestock producer can vary widely on any given day, your Committee believes that excluding them from the definition of "employee" provides the necessary flexibility under the wage and hour law.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 222, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 222, H.D. 1, and be referred to your Committee on Agriculture & Food Systems.

Respectfully submitted on behalf of the members of the Committee on Labor,