Citing poverty concerns in, and the economic effects of the COVID-19 pandemic on, the Aloha State, Hawaii Governor David Ige has signed House Bill 2510, gradually raising the State’s minimum wage to $18.00 per hour on January 1, 2028. Although, given HB 2510’s nearly six-year phase-in period, other states may
Articles Discussing General Topics In Hawaii Labor & Employment Law.
Hawaii Tightens Ban-the-Box Law, Further Limiting Use of Past Criminal History in Work Decisions
Hawaii has narrowed the scope of what employers can consider regarding an individual’s conviction history when making employment decisions.
Hawaii Amends its Ban the Box Law to Fortify Protections for Ex-Offenders
Hawaii has long had a law limiting the discretion that employers have to consider older conviction records in making employment decisions. Effective September 15, 2020, SB 2193 prevents most private sector employers from considering conviction records within the last 10 years, but only convictions within seven years for felony
Hawaii: Stay-At-Home Orders for Oahu, Maui, Kauai, Mandatory 14-Day Quarantine for All Travelers In/Out
Effective March 23, 2020 at 4:30 p.m. (HST), all residents on the island of Oahu in Hawaii have been ordered by the mayor to stay at home and work from home through April 30, 2020. A similar mayoral order goes into effect for residents on the islands of Maui, Molokai, and Lanai on March 25, 2020 at 12:01 a.m. Kauai Mayor Derek Kawakami is expected to announce a similar shelter-in-place order. These are in response to the coronavirus (COVID-19) pandemic.
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 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).
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 Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment
Departing from the state’s normally pro-employer laws and judicial attitudes regarding non-compete covenants, a new law bars high-tech companies in Hawaii from requiring their employees to enter into “non-compete” and “non-solicit” agreements as a condition of employment. The new law, Act 158, went into effect on July 1, 2015.
Hawaii Supreme Court Considers Medical Center’s Decision to Reject Job Applicant with Felony Drug Conviction
In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer’s discretion to consider criminal records relative to employment decisions. Even before April 2012, and since that time, the EEOC has filed lawsuits against a handful of employers challenging employer screening policies that the EEOC maintains disproportionately affect protected class members (known as “disparate impact” discrimination claims).