Hawaii Employment Law Update – July 2018

Temporary Disability Insurance

On July 10, 2018, Hawaii Governor David Ige signed legislation (H.B. 2375) allowing advanced practice, registered nurses to certify an employee’s disability and increasing an employer’s penalty for its failure to submit timely wage and employment information when an insurer has sent a request for such information.

The law became effective July 10, 2018.

Read HI H.B. 2375

Salary History Inquiry and Wage Secrecy Prohibited

On July 5, 2018, Hawaii Governor David Ige signed legislation (S.B. 2351) prohibiting prospective employers from requesting or considering a job applicant’s wage or salary history as part of an employment application process or compensation offer. The law also prohibits enforced wage secrecy and retaliation or discrimination against employees who disclose, discuss, or inquire about their own or co-workers’ wages.

The law is effective January 1, 2019.

Read HI H.B. 2351

Electronic Filing of Tax Returns

On June 29, 2018, Hawaii Governor David Ige signed legislation (H.B. 2395) allowing the Hawaii Department of Taxation to:

• Require certain taxpayer employers to file tax returns electronically if there is an electronic filing option;
• Impose a penalty for failure to comply; and
• Waive the penalty if the failure is for reasonable cause.

The law does not authorize the department to require individual taxpayers to electronically file their income tax returns.

The law became effective June 29, 2018.

Read HI H.B. 2395

Collective Bargaining Public Employees and Payroll Assignments

On April 24, 2018, Hawaii Governor David Ige signed legislation (H.B. 1725) regarding public employees involved in collective bargaining and the termination of payroll assignments for dues payments, initiation fees, group insurance premiums, and other association benefits (dues). To discontinue the payroll assignment, an employee must provide written notification to their exclusive representative 30 days before the anniversary date of his or her written authorization for the deduction. The exclusive representative must then provide a copy of the notice to the employer within 10 business days of its receipt.

The law became effective on April 24, 2018.

Read HI H.B. 1725