State Employment Law Articles

Hawaii

Articles About Hawaii Labor And Employment Law.

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Hawaii's New “Captive Audience” Law: What Employers Need to Know

Littler·

Under current federal law, employers may legally require workers to attend meetings during working hours that concern the employer’s views on politics, religion and similar matters.

IRS Provides Guidance on PTO Donation Programs to Aid Victims of Hawaii Wildfires

Ogletree Deakins·

On September 28, 2023, the Internal Revenue Service (IRS) issued updated guidance for employers that have adopted or are considering leave-based programs that allow employees to donate sick, vacation, or personal leave to their employers to make donations to charitable organizations helping those af

Hawaii Wildfires: The Need for Disaster Preparedness … Just in Time for Peak Hurricane Season

Ogletree Deakins·

The Hawaiian island of Maui has been ravaged by unprecedented and quickly moving wildfires, which have taken a particular toll on hospitality employers. As the U.S. enters peak hurricane season, the Hawaiian and Canadian wildfires and the flooding caused by the recent California tropical storm serve

Hawaii Legislature Passes Pay Transparency, Pay Discrimination Bill

Ogletree Deakins·

On May 4, 2023, Hawaii lawmakers sent a bill to the governor that would require employers to disclose hourly pay rates or salaries in job listings and expand pay discrimination protections—which could make the Aloha State the latest state to enact a pay transparency law.

Hawaii Tightens Ban-the-Box Law, Further Limiting Use of Past Criminal History in Work Decisions

Jackson Lewis P.C.·

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

Littler·

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 w

Hawaii: Stay-At-Home Orders for Oahu, Maui, Kauai, Mandatory 14-Day Quarantine for All Travelers In/Out

Jackson Lewis P.C.·

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

Hawaii on Board with Pay Transparency and Salary History Ban

Jackson Lewis P.C.·

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

Littler·

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

Jackson Lewis P.C.·

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

Jackson Lewis P.C.·

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.”

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

Jackson Lewis P.C.·

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

Jackson Lewis P.C.·

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

Hawaii Supreme Court Considers Medical Center's Decision to Reject Job Applicant with Felony Drug Conviction

Littler·

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 A