Following the Governor’s veto deadline on July 11, Hawaii Employers Council issued its final set of legislative reports for the 2023 legislative session.

Employers should be aware of a number of new employment laws, including the establishment of the pay transparency law. Act 203 (SB1057 SD2 HD2 CD1) requires certain job listings to include an hourly rate or salary range and prohibits an employer from discriminating between employees because of any protected category by paying wages at a rate less than the rate it pays to other employees for substantially similar work. Act 203, however, exempts small employers (having fewer than fifty employees) from the pay transparency requirement.

In addition, Act 47 (SB415 SD2 HD2) makes general contractors liable for debt incurred by subcontractors for wages due. Previously, Hawaii law did not require an employer to pay for any unpaid wages from another employer. This new law places a very heavy burden on the general contractor- - for example, the general contractor may have to be able to stay on top of the financial condition of 15 or even 20 different subcontractors during the course of the job with perhaps several different jobs going on at once.

Finally, many employers may be impacted by the concealed carry firearms decision by the U.S. Supreme Court of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, where the Supreme Court held that New York’s law on concealed carry weapon permits was unconstitutional and that the ability to carry a pistol for self-defense is a protected right under the Second Amendment. Act 52 (SB1230 SD2 HD1 CD1) limits where concealed guns may be carried in Hawaii:

• Prohibits firearms in certain sensitive premises.
• Requires carrying a license and disclosing you have a license to carry.
• Prohibits leaving an unsecured firearm in a vehicle unattended.
• Prohibits consuming or being under the influence of alcohol or a controlled substance when carrying a firearm.
• Prohibits carrying firearms on certain private property open to the public without express authorization.

In its members-only Highlights of Watchlist Bills after Veto Deadline, HEC has provided a description of these new employment laws and other laws of interest.