News & Announcements

Honolulu Dealership Could be Liable for Discrimination Against Deaf Applicant
Tuesday, July 23, 2019
A Hawaii federal court recently held that a Honolulu Mazda dealership must go to trial to defend against claims that one of its managers discriminated against a deaf applicant. EEOC v. MJC, Inc. (July 11, 2019). Factual
New Employment Laws from the 2019 Legislative Session
Tuesday, July 16, 2019
Following the Governor’s veto deadline on July 9, the Hawaii Employers Council issued its final set of legislative reports for the 2019 legislative session. For new employment laws, perhaps the biggest update
If Interactive Process Fails, Makes Sure It’s Not Because of You
Tuesday, July 2, 2019
The U.S. District Court for the District of Hawaii recently found in favor of an employer on multiple claims of discrimination and violations of the Americans with Disabilities Act (“ADA”). Cooper v. Hawaii
Supreme Court: Employers Who Don’t Timely Object Will Forfeit Defense
Tuesday, June 25, 2019
The U.S. Supreme Court recently held that the requirement to file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) is mandatory, but not jurisdictional. Fort Bend County v.
Thinking About Permanently Replacing an Employee on Workers’ Compensation Leave? Better Be Sure There are No Other Feasible Alternatives
Tuesday, June 18, 2019
On June 10, the Hawaii Supreme Court issued a published opinion holding that an employer who takes an adverse action against an employee with a work injury based on business hardship should be prepared to provide evidence of
Yes, Using the B-Word Could Create a Hostile Work Environment Based on Sex
Tuesday, June 11, 2019
The Ninth Circuit Court of Appeals recently ruled that the repeated use of gender specific epithets (e.g. “b*tch”) against a female employee could constitute unlawful harassment because of sex. In Ochs v.
Ninth Circuit: § 1981 Racial Discrimination Claims Subject to Arbitration
Tuesday, June 4, 2019
In a published opinion, the Ninth Circuit Court of Appeals added Section 1981 racial discrimination claims to the list of claims subject to compulsory arbitration. DeWitt Lambert was an African American production associate
Mistake a Legitimate Reason for Adverse Employment Action
Tuesday, May 28, 2019
The U.S. District Court for the District of Hawaii recently dismissed racial discrimination claims against the State of Hawaii Department of Human Services (“DHS”), holding that a supervisor’s mistake was a
Feature of the Month:

Wage and Hour Update

There have been many significant changes going on at the U.S. Department of Labor. This article discusses two proposed rules for which employers must be prepared, which will (1) increase the salary level thresholds for determining an exempt employee and (2) change the regular rate of pay calculation for overtime.

Learn More

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