Worker rights and benefits
• Support protection and enforcement of the “presumption clause” in the Workers’ Compensation Law to fulfill its original intent to provide compensation and medical treatment to workers injured on the job.
Oppose any legislation or rule-making that seeks to diminish the rights of injured workers, reduce workers’ compensation benefits, or take away eligibility for benefits to injured workers.
Establish a package of workers’ compensation benefit improvements in the interest of fairness to injured workers.
Amend the workers’ compensation law to provide wage replacement benefits (at the established rate and maximum) for wages lost due to appointments for doctor visits or physical and other therapy required after the injured worker has returned to work.
Amend the workers’ compensation law to provide for Temporary Total Disability (TTD) payments based on the injured worker’s current earnings with no cap on the amount.
Amend the workers’ compensation law to eliminate the three-day waiting period for TTD payments.
Provide that injured workers receive TTD payments and medical treatment while their claims are under investigation or on appeal. If compensability is later denied, claimant will not be liable for reimbursement of benefits earlier paid.
Provide for timely payment of claims, including TTD and medical bills.
Establish a panel system of medical providers from which claimant and insurer shall mutually select a physician to perform an Independent Medical Examination (IME).
Provide that if an injured worker is denied compensability and then wins on appeal, the costs of the appeal will be paid by the insurance carrier.
Address the problem of physicians declining to treat injured workers because of paperwork and the medical fee schedule.
• Amend the Hawaii Dislocated Worker Act to apply to all employers, regardless of size (i.e., number of employees).
• Support legislation to protect workers’ jobs when companies are purchased and ownership changes, when management changes, or leases are transferred or assets are sold and/or transferred, and the business continues to operate in a similar manner as under the previous owner or management. Require successor employers to retain incumbent workers.
• Support the intent of the Unemployment Insurance (UI) program to provide income to workers when they become unemployed
Support the maintenance of adequate reserves in the State Unemployment Insurance Trust Fund to ensure payment of benefits without having to borrow from the federal government during times of increased need. Support extended UI benefits when an economic downturn is prolonged.
Amend the law to provide UI benefits to workers “locked out” of their jobs by their employer.
Restore UI benefit qualification after three months of unemployment, irrespective of the reason for job separation.
Return to broader coverage for Unemployment Insurance to provide benefits to workers when they have no employment, particularly in cases where workers are discharged due to a so-called “no-fault” attendance policy or when management forces or requires employees to quit (constructive discharge).
Prohibit denial of UI eligibility for those who refuse jobs for which they have insufficient skills or training.
Provide for penalties against employers who fail to submit reports of low earnings for partial UI claimants in a timely manner.
• Continue strong support for Hawaii’s Prepaid Health Care Act, which is mandated and employment-based. Strong support for enforcement of compliance.
• Continue support for enforcement of workplace safety laws and regulations. Support increasing staff for needed enforcement and training.
• Support maintenance of the “Little Davis-Bacon Act,” Hawaii’s version of the federal Davis-Bacon Act.
• Support establishment of a “Little Service Contract Act,” Hawaii’s version of the Federal Service Contract Act.
• Support increases to the minimum wage. Support elimination of the tip credit. Oppose any increase in the tip credit. Support annual automatic adjustments to the minimum wage in accordance with increases in the Consumer Price Index.
• Support legislation to provide for workers’ representation rights in developments in which the State or Counties have an ongoing proprietary interest.
• Support project labor agreements for State government construction projects.
• Oppose privatization when the intent or result is loss of employment for current employees or loss of union representation. Support legislation which provides for continued employment of existing workforce, maintenance of compensation level, benefits and working conditions, and for continued collective bargaining representation for the workers.
• Support legislation to mandate payment of a “living wage” to workers under government contract.
• Protect organizing and collective bargaining rights for private sector employees.
• Prohibit the State of Hawaii from doing business or contracting with any foreign or domestic company or corporation convicted of bribery, bid-rigging, or other violations of law
• Oppose defining any employee as an “independent contractor” by legislation.
• Strongly oppose any so-called “rightto-work” legislation which allows free-riding by employees covered by a collective bargaining agreement. Support mandatory “union security” language in union collective bargaining agreements.
• Oppose legislation restricting the use of union dues (e.g., “paycheck protection” type of legislation).
• Support legislation to allow for labor dispute picketing, including informational picketing, at malls, shopping centers and hotels/resorts in areas accessible to the general public.
• Support legislation for paid family leave. Lower the threshold from 100 to 50 employees for family leave coverage. Support a family leave data collection system. Support paid sick leave.
• Support legislation to regulate labor service agencies and management service providers and require them and their client companies to register as joint employers. Support penalties to all entities for non-compliance with any labor law.
• Support legislation prohibiting the use of attendance policies to discipline employees for legitimate use of accrued and available sick leave.
• Support legislation to: (a) oppose persons, employers, and other organizations who exploit workers through human sex and labor trafficking; (b) furnish medical, legal and social service assistance to these victims; and (c) promote the organization of agricultural workers into unions and respect the right to unionize.
Employment and training
• Support full employment at a living wage. Discourage any trend towards more “under-employed” workers unable to earn a livelihood. Discourage any employment practices designed to avoid coverage of workers under protective benefit laws.
• Support legislation to assist workers and communities hurt by the curtailment of business operations in the State. • Support funding for job training for dislocated, unemployed and underemployed workers. Enhance the Employment Training Fund.
• Support college tuition payments for dislocated, unemployed and underemployed workers.