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Hawaii Catches the Wave, Bans Salary History Inquiries

On July 5, 2018, Hawaii Governor David Ige signed Senate Bill 2351, thereby enacting a state law prohibiting employers from inquiring into an applicant’s salary history. This adds Hawaii to the continually growing list of states prohibiting such inquiries.

Hawaii on Board with Pay Transparency and Salary History Ban

Hawaii will be joining the salary history ban trend beginning in 2019. On July 5, Governor David Ige signed into law a bill seeking to address the pay disparity between men and women who perform similar work.

Hawaii Passes Several New Employment Laws

Hawaii governor David Ige signed a flurry of bills into law on July 5, including several affecting employers. The measures included a salary history inquiry ban, a law preserving certain Affordable Care Act (ACA) benefits under state law, authorization for a study to analyze and propose a paid family leave law, and a bill increasing certain workers' compensation benefits.

Hawaii Joins Salary History Ban Trend

On July 5, 2018, Governor David Y. Ige signed Senate Bill 2351 into law, adding Hawaii to the list of jurisdictions generally prohibiting employers from asking applicants about their prior compensation history.1 As long as employers have at least one employee in the state, they are covered.

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.