Hawaii Employment Law Update – July 2016

Hawaii

Mandated Health Benefits – Prescription Contraceptive Supplies

On July 5, 2016, Hawaii Governor David Ige signed legislation (S.B. 2319) that requires health insurers in the state, including health benefit plans under the Hawaii Employer-Union Health Benefits Trust and Medicaid managed care programs, to cover reimbursement for prescription contraceptive supplies intended to last for up to a 12-month period for an insured.

The law applies to all policies, contracts, plans, or agreements issued or renewed in the state on or after January 1, 2017.

Read HI S.B. 2319

Paid Military Leave for State and County Employees

On July 5, 2016, Hawaii Governor David Ige signed legislation (H.B. 1807) regarding paid military leave. The bill expands current state law to allow officers or employees of the state or counties who are members of the National Guard or Reserve of the Armed Forces to include inactive-duty training in their 15 working days of annual paid military leave.

The law went into effect upon signing.

Read HI H.B. 1807

Employer Records

On July 1, 2016, Hawaii Governor David Ige signed legislation (S.B. 2289) amending employer recordkeeping requirements under Hawaii Rev. Stat. § 371-4. The bill amends § 371-4 to require employers to keep a record of the former physical addresses and current physical address of the employer and the North American Industry Classification System (NAICS) code applicable to the employer.

The law went into effect upon signing.

Read HI S.B. 2289

Hawaii Employment Relations Act

On July 1, 2016, Hawaii Governor David Ige signed legislation (S.B. 2896) amending the Hawaii Employment Relations Act. The bill allows the Hawaii Department of Labor Relations Board the option of serving complaints and notices of hearing via first class mail or by electronic means.

The law went into effect upon signing.

Read HI S.B. 2896

Increased Penalties for Workers’ Compensation, Disability Insurance, and Prevailing Wage Violations

On July 1, 2016, Hawaii Governor David Ige signed two bills (H.B. 2363 and S.B. 2723) which increase the penalties for noncompliance with certain labor laws administered by the Department of Labor and Industrial Relations (DLIR).

House Bill 2363 increases the penalties for not having temporary disability insurance (TDI) coverage, for failure to make correct or timely benefit payments, for terminating such benefits, for failure to file medical reports, for employer’s failure to provide copies of requested medical reports, for not having workers’ compensation coverage, and for the deduction of premium payment from employee wages. The bill also excludes some employers from having to provide TDI for themselves if they perform services for their own corporation, limited liability company (LLC), limited liability partnership (LLP), partnership, or sole proprietorship.

Senate Bill 2723 increases the penalties for contractors who violate the prevailing wage law.

The law went into effect upon signing.

Read HI H.B. 2363, HI S.B. 2723
Read the DLIR Press Release