SB 2386: Employment; Job Listing; Disclosure; Exemption

A BILL FOR AN ACT

RELATING TO EMPLOYMENT EARNINGS.

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

     SECTION 1.  Section 378-2.8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  This section shall [not] apply to job listings for[:] full-time, part-time, temporary, and seasonal employment; provided that this section shall not apply to job listings for:

     (1)  Positions that are internal transfers or promotions within a current employer; or

     (2)  Public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining[; or

     (3)  Positions with employers having fewer than fifty employees]."

     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  Statutory material to be repealed is bracketed and stricken.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:

Employment; Job Listing; Disclosure; Exemption

Description:

Clarifies that the requirement to disclose hourly rates or salary ranges on job listings applies to full-time, part-time, temporary, or seasonal employment.  Repeals the exemption for employers having fewer than fifty employees from the disclosure requirement.  Effective 7/1/3000.  (HD2)

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 EMPLOYMENT EARNINGS.

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

     SECTION 1.  Section 378-2.8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  This section shall [not] apply to job listings for[:] full-time, part-time, temporary, and seasonal employment; provided that this section shall not apply to job listings for:

     (1)  Positions that are internal transfers or promotions within a current employer;

     (2)  Public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining; or

     (3)  Positions with employers having fewer than [fifty] twenty-five employees."

     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  Statutory material to be repealed is bracketed and stricken.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:

Employment; Job Listing; Disclosure; Exemption

Description:

Clarifies that the requirement to disclose hourly rates or salary ranges on job listings applies to full-time, part-time, temporary, or seasonal employment.  Exempts employers having fewer than twenty-five employees, rather than fifty, from the disclosure requirement.  Effective 7/1/3000.  (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 EMPLOYMENT EARNINGS.

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

     SECTION 1.  Section 378-2.8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  This section shall [not] apply to job listings for[:] full-time, part-time, temporary, and seasonal employment; provided that this section shall not apply to job listings for:

     (1)  Positions that are internal transfers or promotions within a current employer;

     (2)  Public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining; or

     (3)  Positions with employers having fewer than [fifty] twenty-five employees."

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

     SECTION 3.  This Act shall take effect on January 1, 2077.

Report Title:

Employment; Job Listing; Disclosure; Exemption

Description:

Clarifies that the requirement to disclose hourly rates or salary ranges on job listings applies to full-time, part-time, temporary, or seasonal employment.  Exempts employers having fewer than twenty-five employees, rather than fifty, from the disclosure requirement.  Effective 1/1/2077.  (SD1)

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 employment earnings.

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

     SECTION 1.  Section 378-2.8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  This section shall [not] apply to job listings for[:] full-time, part-time, temporary, and seasonal employment; provided that this section shall not apply to job listings for:

     (1)  Positions that are internal transfers or promotions within a current employer;

     (2)  Public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining; or

     (3)  Positions with employers having fewer than [fifty] twenty-five employees."

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

     SECTION 3.  This Act shall take effect on January 1, 2027.

Report Title:

Employment; Job Listing; Disclosure; Exemption

Description:

Clarifies that the requirement to disclose hourly rates or salary ranges on job listings applies to full-time, part-time, temporary, or seasonal employment.  Exempts employers having fewer than twenty-five employees, rather than fifty, from the disclosure requirement.  Effective 1/1/2027.

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. 3031

Honolulu, Hawaii

RE:     S.B. No. 2386

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Judiciary and Commerce and Consumer Protection, to which was referred S.B. No. 2386, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EMPLOYMENT EARNINGS,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Clarify that the requirement to disclose hourly rates or salary ranges on job listings applies to full-time, part-time, temporary, or seasonal employment; and

     (2)  Exempt from this disclosure requirement employers having fewer than twenty-five employees, rather than fifty.

     Your Committees received testimony in support of this measure from the American Association of University Women of Hawaiʻi; Hawaiʻi State Democratic Women's Caucus; Fujiwara & Rosenbaum, LLLC; and nine individuals.

     Your Committees received testimony in opposition to this measure from the Hawaii Chapter of the National Federation of Independent Business and Society for Human Resource Management – Hawaii.

     Your Committees find that by failing to disclose expected compensation within job listings, Hawaiʻi employers contribute to discriminatory wage disparities within the workforce.  Your Committees believe that requiring pay transparency from employers will help identify unfair pay practices and lead to fairer compensation for all employees.  By clarifying and expanding existing law, this measure better ensures pay equity and fairer hiring practices in the State.

     As affirmed by the records of votes of the members of your Committees on Judiciary and Commerce and Consumer Protection that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2386, S.D. 1, and recommend that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Commerce and Consumer Protection,

STAND. COM. REP. NO. 2122

Honolulu, Hawaii

RE:     S.B. No. 2386

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Labor and Technology, to which was referred S.B. No. 2386 entitled:

"A BILL FOR AN ACT RELATING TO EMPLOYMENT EARNINGS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Clarify that the requirement to disclose hourly rates or salary ranges on job listings applies to full-time, part-time, temporary, or seasonal employment; and

     (2)  Exempt employers having fewer than twenty-five employees, rather than fifty, from the disclosure requirement.

     Your Committee received testimony in support of this measure from the Hawai'i Civil Rights Commission, AAUW of Hawaiʻi, Hawaiʻi State Democratic Women's Caucus and twelve individuals.

     Your Committee received testimony in opposition to this measure from the Hawaii Chapter of the National Federation of Independent Business.

     Your Committee finds that pay inequity is a prominent problem in the workforce that leads to wages being dragged down and the normalization of secrecy regarding compensation and other terms of employment, and allows for pay discrimination to go unseen.  Your Committee further finds that requiring employers to include pay or salary as part of a job advertisement helps to increase transparency and equal pay for all employees.  However, under existing law requiring disclosure of hourly rates or salary ranges on job listings, a significant portion of businesses in the State were exempt due to having fewer than fifty employees.  This measure strengthens and clarifies existing law by addressing gaps to ensure pay equity and transparency to protect workers in the State.

     Your Committee has amended this measure by inserting an effective date of January 1, 2077, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2386, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2386, S.D. 1, and be referred to your Committees on Judiciary and Commerce and Consumer Protection.

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