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Total Articles: 7

Hawaii Labor Department Imposes Massive Penalties, Sends Clear Message to Employers

Taking advantage of a new law that substantially increases penalties, the Wage Standards Division of the Hawaii State Department of Labor & Industrial Relations (“DLIR”) has issued penalties totaling $767,095 to a construction company remodeling a hotel in Waikiki, Hawaii.

Continued Employment Adequate Consideration for Non-Compete Imposed Mid-Employment, Hawaii Judge Rules

Considering whether Hawaii state law would require additional consideration for a non-compete imposed mid-employment, a federal judge has held that “the Hawaii Supreme Court would not require additional consideration beyond continuing at-will employment for [post-employment] restrictive covenants.” Standard Register v. Keala, Civ. No. 14-00291 JMS-RLP (D. Haw., June 8, 2015).

Hawaii Enacts New Restrictions on Noncompete and Nonsolicitation Agreements for Employees of Technology Businesses

A new Hawaii law prohibits and makes void noncompete and nonsolicit clauses in the employment contracts of “technology business” employees if the contracts are entered into on or after the law’s effective date of July 1, 2015. The new law does not affect noncompete and nonsolicit provisions entered into before that date or those in employment contracts of employees in other industries.

New Hawaii Medical Marijuana Law Bars Use in Workplace; Zero Tolerance Policies Still Enforceable

Closing a gap in Hawaii’s medical marijuana law, a new law sets up a regime of vertically integrated grow facilities and retail dispensing licenses for the delivery of medical marijuana to “cardholders” in Hawaii.

Hawaii to Ban Electronic Cigarettes in Enclosed Workplaces

Hawaii recently passed a law that will add the use of electronic smoking devices, such as electronic cigarettes, to its prohibition against smoking in enclosed or partially enclosed workplaces. The law also bans the use of the devices 20 feet from any window, ventilation intake, or entrance to a workplace. All employers in the state should evaluate their smoking policies before the amendment's implementation date of January 1, 2016 to ensure that the policy is up-to-date with the new requirements.

Workplace Violence Strikes Again

Tragedy struck an Oklahoma workplace when a recently-fired employee from a food distribution center entered the center and stabbed a co-worker at random, severing her head, and then stabbed another co-worker. Tragic stories like this are no longer a surprise. Although violence is often unexpected, there are steps employers can take to minimize the risk of violence in the workplace.

Electronic Filing of Immunization Survey Mandatory Effective 2011-12 School Year

All non-public schools in New York State will soon be required to change the way they submit their New York State Annual Immunization Survey (the “Immunization Survey”) to the New York State Department of Health (“NYSDOH”), Bureau of Immunization. Beginning with the 2011-12 school year, all schools must complete the Immunization Survey electronically using the Online School Assessment Survey (OSAS), an online system managed by the NYSDOH. This system replaces the paper Immunization Surveys previously used by schools.