I have heard that Congress is currently considering a bill called “The Employee Free Choice Act.” What is the bill about, and how will it impact employers?
Can a company enforce an employee’s promise not to compete with its business in Hawaii?
Our company has a computer specialist who maintains our network and troubleshoots problems with our computers. She is currently treated as an exempt salaried employee under the white-collar administrative employee exemption. We have heard that based on a recent DOL Opinion letter, we need to classify her as non-exempt.
Our company has been told that because we have more than 25 employees, Hawaii’s
occupational safety and health law requires us to have a written safety and health
program. Is that true?
Our company’s offices are located on the 3rd floor of an office building. Does the new
no-smoking law require us to post “smoking prohibited” signs in our offices? Also,
one of our employees claims that because he is addicted to smoking, we should make a
“reasonable accommodation” by asking the building owner to provide him with a
location near the building where he can smoke. We have no such obligation, correct?
Our handbook requires that employees give at least two weeks’ notice if they intend to
quit. I know that if we fire an employee, we must provide him/her with a final
paycheck at either the time of discharge or the next working day after discharge. If an
employee complies with our request and gives us two weeks’ notice of leaving, do we
also have pay the employee all wages due on her last day of work?
Our company is moving to new offices and we’ve been reviewing our personnel files.
We have many personnel records for former employees which we would like to dispose
of. How long are we required by law to retain these personnel documents?
Our company pays employees with checks drawn on a bank located on the mainland.
One of our employees has complained that after depositing his paycheck, he has to wait
a few days for the full amount of the funds to be available. Does our using an out of
state bank violate Hawaii wage payment laws?
From time to time our company will offer, in connection with an employee’s discharge,
an enhanced severance package in exchange for the employee’s waiver and release of
all claims. I have heard that an employee who signs such a waiver may nevertheless
file a charge of discrimination with the EEOC. Is that true?
The local newspapers recently reported on a new Hawaii Supreme Court, Wright v.
Home Depot, which involved an employee who was terminated because of the
employee’s prior drug conviction. Our policy is to conduct a criminal background
check on all job applicants after giving them a conditional job offer. Does Wright v.
Home Depot require us to alter our current hiring practices?