It’s High Time for Hawaii Employers to Update their Reasonable Accommodation Practices with Respect to Medical Marijuana
Employers who deny or terminate employment for medical marijuana users who test positive for THC may soon run afoul of Hawaii Civil Rights Commission regulations. Two points to emphasize first: (i) this does not impact Department of Transportation required drug...
HAWAI’I SUPREME COURT: Inconsistent Implementation Sinks Non-Compete Enforcement Attempt (also, violation of non-solicitation agreement requires “active initiation of contact”)
On Thursday February 17, 2022, the Hawai’i Supreme Court issued only its third significant ruling since the mid-1970s on the enforceability of post-employment restrictive covenants. The majority opinion refused to enforce a non-compete agreement on behalf of...
Employment Law Update: Hawai’i Legislature Shortens Lookback for Criminal History to 7 Years for Felonies and 5 Years for Misdemeanors
Hawai’i employers who consider criminal history in hiring and other employment decisions may now only consider felony convictions that occurred in the most recent 7 years and misdemeanors that occurred in the most recent 5 years, excluding periods of incarceration....
Employers Can No Longer Rely on Prior Salaries When Setting Pay
Employers, it is time to evaluate your compensation setting policy. Last month, the Ninth Circuit Court of Appeals ruled that, in Hawai’i and other western states, an employer cannot use a “prior salary alone or in combination with other factors” to “justify a wage...
Thinking of Terminating an Employee in Hawai‘i? Proceed with Caution!
Employers should expect the Hawai’i Supreme Court to put the decision under a microscope. Employee’s "uncorroborated" and "self-serving" side of the story must be elicited and addressed before the decision is made. Employer’s documented reasons for termination “should...
What the Recent Spending Bill Means for Employers
Congress has avoided another government shutdown. The legislation, titled the “Consolidated Appropriations Act, 2018,” is a 2,149-page behemoth that funds the federal government until September 30, 2018. Previously, the Trump Administration had signaled its intent to...
Workplace Sexual Harassment: Are You Ready?
Increasingly reports of harassment in the entertainment, news and political spheres are being brought to light. Victims are coming forward. Perpetrators are losing their jobs. Companies are being sued in court and heavily scrutinized by the media, as well as the...