An Overview of Employment Law in Hawaii
Employment law in Hawaii, as in most other states, is intended to provide a framework for fairness and protection for both employers and employees. Its aim is to prevent discrimination in the workplace, ensure fair wages and conditions, and establish clear guidelines for resolving disputes. Employment law encompasses a range of issues including employment contracts, termination, discrimination and harassment, wage and hour laws, and workplace safety.
The basics of employment law in Hawaii are rooted in both federal and state statutes, as well as common law (which is the case law developed by the courts). While federal employment laws apply nationwide, Hawaii has its own state employment laws governing various issues. Common issues that frequently arise in the workplace include:
Both employers and employees have a vested interest in understanding the scope of employment law in Hawaii. For employers , a working knowledge of the law is essential for ensuring compliance with regulations governing hiring, firing, workplace conditions, and more. This helps to prevent costly lawsuits and ensures a safe, fair work environment.
For employees, knowing their rights under the law can help ensure that they receive fair treatment and protection against wrongful termination, discrimination, and other violations. It can empower them to seek legal recourse or to negotiate better conditions in the workplace.
Hawaii employment law is a complex field; however, finding an attorney who is well-versed and experienced with these laws is critical in protecting the interests of both parties and ensuring that the workplace is compliant with legal standards.
The Need for an Employment Law Attorney
You need an employment law attorney to navigate the complex judicial and administrative legal frameworks in terms of protecting your rights. Our attorneys help our clients throughout all steps of their employment, from onboarding to termination, including handling wage and hour lawsuits, workplace productivity issues, accommodation requests, layoffs, and settlement agreements. A good lawyer will help you understand complex legal frameworks, find the truth in difficult employment scenarios, and give you peace knowing your rights are protected.
Common Employment Law Issues in Hawaii
Hawaii is home to a picturesque land of contrasts, from towering peaks and lush valleys to vibrant coastal regions. For its residents and businesses, however, the beauty of the archipelago may become marred by the realities of modern commerce. In an increasingly competitive market, employers in Hawaii face difficult decisions about enrollment in robust employee benefits programs, compliance with the Hawaii National Act for the Abolition of Sweatshops Act (Hawaii NAFTA), travel restrictions, and allegations of wrongdoing from the Equal Employment Opportunity Commission (EEOC) or other federal oversight agencies. Common workplace issues in practice include: Wage Disputes — The Department of Labor and Industrial Relations of Hawaii is empowered to evaluate complaints related to missing or reduced payment of wages for contracted workers (such as domestic workers) or specific employees of the state government. This agency also oversees medical leave liability for eligible employees under the Hawaii Temporary Disability Insurance law. Discrimination Claims — Claims based on gender, age, sexual orientation, disabilities and other ILGBTQ status, as well as whistleblower provisions, are all potential hazards for Hawaii businesses that have unwittingly exposed themselves to discrimination claims. Workers subjected to workplace bullying by their coworkers may also get the protection of whistleblower provisions against their employer. Wrongful Discharge — Employers often face lawsuits to protect themselves from wrongful discharge accusations. Termination of employees who file complaints about alleged misconduct or violating company policy could expose a small- or medium-sized Hawaii business to a potentially costly lawsuit. Resisting retaliatory claims from former employees may mean shelling out thousands of dollars in legal fees, not to mention increased risks to the business for damage awards to the prevailing party.
How to Select the Right Attorney
In choosing the right employment law attorney in Hawaii, several factors should be taken into account. If you think you have a case, it is best to have your case reviewed by an attorney who specializes in the type of claim you believe you have. The attorney should be familiar with handling such claims and be willing to discuss the possibility of taking your case on a contingency fee basis. If the attorney requires a retainer upfront, you will want to consider whether and to what extent you are willing to pay out of your own pocket. You may want to ask the attorney whether he or she has a particular specialty or focus in the field of employment law. If you are seeking a specialist in the field, this distinction is especially important: if you are advised by an attorney who handles many cases in a general capacity, you may only get a cursory impression; but if your attorney specializes in the field, you may receive a more nuanced analysis. The attorney’s experience and reputation also should be considered, especially in light of what you have been told by prior clients. Attorney reputation is difficult to assess in the public mind, as many employment law cases are handled outside of the public eye (although some may garner wide public attention, such as cases involving terminating an officer of a publicly traded company). One way to find a reputable lawyer is to ask friends or colleagues for a referral, or to check online lawyer websites. You also may want to consider whether the attorney’s office staff is friendly and professional, and whether you are comfortable speaking with them. You should ensure that the attorney is willing to meet with you personally, and to explain things to you in a way that you can understand. Finally, you may want to ensure that the attorney provides you with a clear explanation of the legal issues you are facing. You should be informed of the nature of the claim(s) you are dealing with and the possible outcomes. In addition, you may want to ask the attorney about the general process by which your claim will be litigated, including the projected timeframe for each stage of the litigation process for your particular claim.
Hawaii-Specific Employment Laws
While Hawaii shares many employment laws in common with federal law and other states, there are some laws that are unique to the state that employers need to be aware of.
Sexual Orientation and Gender Identity
Hawaii employment law protects sexual orientation and gender identity against discrimination. Unlike most federal employment discrimination laws, there are more categories that fall within the category of sexual orientation. Sexual orientation begins after an employee is at least 18 years old. A person is sexual orientation is considered heterosexual, homosexual, or bisexual. However, gender identity also presents discrimination issues. Many Hawaii employers may have practices that limit entrance, membership , or participation in connection with gender. Employees cannot be discriminated against based upon their gender identity even if it differs from what they were assigned at birth.
Sick Leave
The Hawaii Family Leave Act (HFLA) provides employees 14 days of unpaid sick leave per year. Adverse actions against those who use HFLA are prohibited.
Hawaii has a law that allows all employers to provide employees with enough sick leave to cover the duration of their illnesses, but it is not enforceable until regulations are adopted. The law also prohibits employers from taking adverse action against employees who are disabled from working 20 or more days per year.
Minimum Wage
The minimum wage in Hawaii is $10.10 per hour, which is higher than the federal minimum of $6.75. Additionally, the minimum wage may be increased each year, depending on the cost of living. Wage day may be weekly, biweekly, or semimonthly, which is similar to many states.
Vacation Time
Vacation time is not mandatory in Hawaii. However, if an employer offers it, it is required by law to be paid out at termination. Vacation pay is recorded as wages under Hawaii law.
How Mediation and Dispute Resolution Can Help
In Hawaii, mediation and alternative dispute resolution (ADR) methods are frequently utilized in employment law cases to resolve conflicts amicably and efficiently, without the need for protracted litigation. The primary goal of mediation in employment disputes is to provide a neutral, structured environment where both parties can openly discuss their positions and explore potential resolutions. A trained mediator, often a licensed attorney familiar with employment law, guides the process, ensuring that the discussion remains productive and focused.
During a mediation session, the mediator first meets with each party separately to understand their concerns and desired outcomes. This confidential information allows the mediator to identify areas of potential compromise and to present settlement options that address the underlying issues without admitting liability. Afterward, the mediator brings the parties together in a joint session to discuss the options on the table and to explore whether a mutually agreeable settlement can be reached.
The benefits of mediation and ADR in employment law cases in Hawaii include the preservation of business relationships, as well as the ability to keep the outcome flexible and creative. Unlike court orders, which are often rigid and require strict compliance, mediated agreements can provide more responsive solutions, such as phased salary increases, job retraining opportunities, or other forms of compensation that a court may not have the authority to grant.
If the parties cannot reach a resolution through mediation, the dispute may proceed to arbitration. Arbitration, like mediation, is a private proceeding in which a neutral third party — an arbitrator — makes a binding decision after hearing both sides. The arbitrator’s award can be enforced in the same manner as a court judgment and is usually not subject to appeal, thereby providing a final resolution to the dispute.
In general, mediation usually does not require legal representation, whereas arbitration may sometimes require counsel, as parties prepare and present evidence, and cross-examine witnesses. Regardless of the specific method, alternative dispute resolution in Hawaii employment law cases can streamline the process and facilitate a more satisfactory resolution for all parties involved.
The Ways Attorneys Can Facilitate Compliance
Attorneys assist in the preparation of a business’s rules and procedures to manufacture compliance with local and federal employment laws. Compliance begins with the business’s handbook, which establishes the employment relationship between the employer and employee. The handbook sets forth the company’s policies and procedures, what procedures are used if violations occur, and what the consequences are in the event of a violation of company procedures. Having this material is particularly useful in the event that an employment issue becomes a lawsuit because it provides documentation of what procedures were and were not followed.
Attorneys can also assist employers in drafting their job descriptions. A job description is a written document that describes the requirements for a particular job including a list of abilities and skills that are necessary to perform the job successfully. Employment statutes such as the Americans with Disabilities Act ("ADA") require the employer to engage in the interactive process with the employee in order to determine whether a reasonable accommodation is available to allow the employee to perform the essential functions of the job. Essential functions of the job "means the fundamental job duties of the position the individual with a disability holds or desires. The tasks, knowledge, skills or abilities that are essential to the position should be included in the description." 29 C.F.R. § 1630.2(n)(1).
The second component to compliance is training. Training is provided to employees regarding the company’s policies, procedures, and handbooks. Employers are provided materials needed for its managers and supervisors to conduct training, such as manuals, presentation slides, and videos. Having these materials prepared in advance, and accessible on an internal company computer system, makes it more convenient for the company to conduct periodic trainings that supplement the handbook and job descriptions. Having the necessary material readied will also allow the company the ability to train on new requirements that may be passed by a new ordinance or statute.
Employment Law Success Stories and Case Studies
One notable case that exemplifies the importance of finding the right employment law attorney involved a former employee who claimed wrongful termination. The attorney, after a thorough investigation, discovered that the company had failed to follow its own internal investigation procedures before terminating the plaintiff’s employment. The issue was settled out of court, resulting in a substantial financial award to the employee and a corrective action plan for the company to prevent similar issues in the future. Another case involved a wage and hour dispute where a group of employees alleged that they were misclassified as exempt from overtime, and that they were owed in back wages as a result. The attorney filing the suit was able to prove that the employer had failed to properly classify the employees under both federal and state law . The case resulted in a substantial financial settlement for the employees, as well as a change in the company’s overtime practices. In another case, an employer faced a class-action lawsuit alleging discrimination based on race and gender in hiring practices. The attorney working with the company partnered with the HR department to investigate the hiring practices, and they were able to show that the criteria for hiring were not discriminatory, and that the company had a diverse workforce. The case was ultimately dismissed. These examples demonstrate the importance of finding an experienced employment law attorney in Hawaii who is familiar with the various laws and regulations that apply to employers. It can be difficult to find the right attorney for your case, as there are a number of different types of attorneys who handle different types of cases.