Text of HI SB 1660 (2026)
Relating To Employment.
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As introduced
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THE SENATE
S.B. NO.
1660
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The
legislature finds that hospitality workers frequently work in isolated
conditions, placing the workers at increased risk of harassment and assault. Media reports have documented cases in which workers
were targeted due to a lack of adequate protections. In 2019, the State of Washington enacted
legislation to address these concerns by requiring employers in the hospitality
industry to implement anti-harassment measures, provide training, and equip
workers with panic buttons.
Accordingly, the purpose of this Act is to
implement similar protections for hospitality workers in Hawaii.
SECTION 2.
The Hawaii Revised Statutes is amended by adding a new chapter to be
appropriately designated and to read as follows:
"Chapter
HOSPITALITY
WORKER PROTECTIONS
§ -1 Definitions. As used in this chapter, unless the
context otherwise requires:
"Harassment" means unwelcome
conduct based on protected characteristics including sex, race, national
origin, or sexual orientation, that creates a hostile, intimidating, or
offensive working environment.
"Hospitality employer" means a
person or entity licensed in the State to operate a hotel or similar lodging.
"Hospitality worker" means a
person employed by a hospitality employer to:
(1) Clean
guest rooms or restrooms;
(2) Deliver
meals to private rooms; or
(3) Perform
maintenance or front desk operations.
"Panic button" means a portable
emergency communication device that allows a hospitality worker to immediately summon
on-site assistance if the worker reasonably believes they are in danger.
"Retaliation" means any adverse
employment action taken against an employee for reporting harassment, utilizing
a panic button, or participating in an investigation or proceeding under this
chapter.
§ -2
Employer responsibilities. Each
hospitality employer shall:
(1) Adopt
a written policy prohibiting the harassment of hospitality workers. The policy shall:
(A) Include
procedures for a hospitality worker to report incidents of harassment or
retaliation;
(B) Require
a prompt and thorough investigation of any reported incidents; and
(C) Ensure
confidentiality, to the extent permitted by law, for persons involved in
complaints or investigations;
(2) Provide
mandatory annual training for all hospitality workers, including managers and
supervisors, on:
(A) Recognizing,
preventing, and addressing harassment in the workplace; and
(B) The
proper use and limitations of the panic button provided under paragraph (3);
(3) Supply
a panic button to each hospitality worker who works in guest rooms, restrooms, or
other isolated conditions. The panic
button shall be portable and shall:
(A) Immediately
summon assistance from a security guard, another worker, or a supervising
employer; and
(B) Be
designed to function effectively in the worker's physical environment;
(4) Provide
hospitality workers with a list of resources, including contact information for:
(A) The
department of labor and industrial relations;
(B) The
equal employment opportunity commission; and
(C) Local
advocacy groups specializing in harassment prevention and victim support; and
(5) Display,
in a conspicuous and accessible location, a notice summarizing the rights and
protections provided under this chapter and providing information about how to
report a violation.
§ -3
Retaliation prohibited.
(a) No hospitality employer shall
retaliate against a hospitality worker who:
(1) Reports,
in good faith, any incident of harassment or retaliation;
(2) Uses
a panic button or other safety device as provided under this chapter;
(3) Participates
in an investigation, hearing, or other proceeding related to harassment or
retaliation; or
(4) Refuses
to perform work in an area where the hospitality worker reasonably believes
there is a risk to the worker's safety due to harassment or other threats.
(b)
Retaliation prohibited under this chapter includes:
(1) Terminating
or suspending the person's employment;
(2) Providing
a negative performance evaluation;
(3) Transferring
the person to a less desirable position or work location; or
(4) Taking
any other adverse employment action that would discourage a reasonable person
from engaging in activities that are protected under this chapter.
(c)
A hospitality worker who is subjected to retaliation in violation of
this chapter may:
(1) File
a complaint with the department of labor and industrial relations; and
(2) Seek
any remedies available under section -5, including reinstatement, back pay, and
compensatory damages.
(d)
The department of labor and industrial relations shall:
(1) Establish
procedures for receiving and investigating complaints of retaliation or other
violations of this chapter;
(2) Develop
and distribute guidance for hospitality employers including best practices for
complying with this chapter;
(3) Conduct
random and targeted audits of hospitality employers to ensure compliance; and
(4) Publish
on the department's website an annual report on the department's enforcement
activities under this chapter, including the number and types of complaints
received, resolutions achieved, and penalties imposed.
§ -4
Complaints. (a) A complaint alleging retaliation or a
violation of this chapter may be filed by:
(1) An
affected hospitality worker or the worker's authorized representative; or
(2) A
third party having knowledge of a violation.
(b)
Any person aggrieved by a decision of the department of labor and
industrial relations pursuant to this chapter may seek judicial review pursuant
to chapter 91.
§ -5
Penalties. If a hospitality
employer violates this chapter, the department of labor may:
(1) Impose
civil fines of not less than $500 and not more than $5,000 per violation, with
repeat offenses subject to files of up to $10,000 per violation;
(2) Require
the reinstatement of a hospitality worker, payment of back wages, or order
other equitable remedies; or
(3) Revoke
or suspend the hospitality employer's business license if the employer commits
egregious or repeated violations."
SECTION 3.
The department of labor and industrial relations shall adopt rules
pursuant to chapter 91, Hawaii Revised Statutes, to effectuate the purposes of
this Act, including rules determining penalties and establishing procedures for
handling complaints.
SECTION 4.
This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
SECTION 5.
This Act shall take effect upon its approval; provided that all
hospitality employers shall comply with this Act no later than January 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
DLIR; Hospitality
Employers; Hospitality Workers; Harassment; Panic Buttons; Training
Description:
Requires employers in the hospitality industry to
implement anti-harassment measures, provide training, and equip certain workers
with panic buttons. Prohibits
retaliation against a hospitality worker who files a complaint, uses the
provided panic button, or participates in an investigation or proceeding
related to a harassment complaint. Requires
the Department of Labor and Industrial Relations to adopt rules, including
rules determining penalties and establishing procedures for handling complaints. Requires all hospitality employers to comply
no later than 1/1/2026.
The summary description
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not legislation or evidence of legislative intent.