News & Announcements

Hawaii Judge issues Permanent Injunction against Enforcement of Sick Leave Discrimination Law for Unionized Employers

Posted Thursday, May 2, 2013 4:43 pm

On May 1, 2013, U.S. District Court Judge Susan Oki Mollway permanently enjoined the State from enforcing the sick leave discrimination law passed in 2011.


The law prohibits certain unionized employers from terminating, withholding pay from, or demoting an employee for using accrued and available sick. Judge Mollway had previously ruled on December 31, 2012 that it was preempted by federal law and violated the Equal Protection Clause by impermissibly targeting employers with collective bargaining agreements, but deferred a determination on the appropriate remedy. In the May 1 ruling, Judge Mollway concluded that the proper remedy is to prohibit enforcement of the law in its entirety, as opposed to only invalidating the portion of the law that limits its applicability to unionized employers, as the State had suggested. The court reasoned that applying the State's proposed remedy by rewriting the statute "would expand the statutory scope without any evidence of a legislative intent to adopt such a far-reaching provision". Read more.


Feature of the Month:

Families First Coronavirus Response Act Updated Resources

HEC has updated its Families First Coronavirus Response Act resources to reflect the revisions to the regulations, effective Sept. 16.

Learn More

Subscribe to Our Training Events Updates

Subscribe to our training events notices to get in early on upcoming events.

Back to top

Email Sign Up


If you are a member, please login below to manage your subscription. Otherwise, click "Continue to Subscribe"


Continue to Subscribe


Fill out the fields below to receive HEC emails.

How did you hear about HEC?

I would like to receive the following:

News & Updates
Training Events Notices
First Name
Last Name

Before submitting this form, please click on the link below to move the contents of box "A" into box "B" leaving the first box empty.

A: B: Click to Move