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Hawaii

Act fast to intervene at first inkling that someone might have been sexually harassed

06/26/2015

If you take prompt, remedial action and then monitor the situation for possible continued harassment or retaliation, chances are that a one-time incident won’t mean losing a sexual harassment lawsuit. Of course, you still have to investigate every allegation, even if your first impression is that there wasn’t behavior serious enough to constitute sexual harassment.

Settlements: No-rehire clauses may be illegal

06/26/2015

When you settle an employment discrimination complaint or lawsuit, you likely include a “no-rehire” provision. Essentially, you trade some settlement dollars for the former employee’s promise not to apply for work at your company in the future. It’s a way to prevent future failure-to-hire lawsuits. Until now, everyone thought such common settlement provisions were legally valid and enforceable. But now a recent case has cast doubt on that premise by looking at California’s broad prohibitions on restrictive covenants in the Business and Professions Code Section 16600.

9th Circuit decision: Car dealership service advisors are nonexempt employees

05/20/2015

The 9th Circuit Court of Appeals had ruled that so-called automobile service advisors are nonexempt under the Fair Labor Standards Act.

Never retaliate for reporting safety hazards

05/18/2015

A federal appeals court has concluded that California employees are entitled to protection from retaliation for reporting safety hazards, even if it’s part of their jobs.

Feel free to discipline–or fire–disabled worker who disrupts and threatens co-workers

01/26/2015

Don’t let a disabled employee get away with behavior you wouldn’t tolerate in other employees. There’s no reason to put up with threats and intimidation.

Employee must provide pay specifics in FLSA case

12/24/2014

A worker who files a Fair Labor Standards Act lawsuit claiming unpaid wages must actually set out facts showing that he wasn’t properly paid. Mere allegations aren’t enough.

Ban comments about age, national origin, but don’t sweat isolated incidents

12/08/2014

Here’s some good news. One single isolated comment about an employee’s advancing age or his country of origin isn’t enough to sustain a lawsuit claiming age discrimination.

Focus on behavior when disciplining jerks

10/06/2014

Some employees behave in ways that create an unpleasant environment for their co-workers, subordinates or supervisors. There’s no reason to put up with bullies and other ill-behaved employees.

Not hiring bikini models? Think twice before excluding men from job assignments

08/29/2014

There are some jobs where the employee’s sex is a “bona fide occupational qualification”—but not many. For the vast majority of positions, employers can’t exclude people of one sex and only hire members of the opposite sex. After a recent appellate decision, it seems unlikely that one-sex hiring will survive legal scrutiny.

Be prepared to justify military employee’s discharge

07/23/2014

USERRA provides job protection for military-connected employees once they return from extended military service. Employers shouldn’t fire covered workers without good cause and solid reasons. Be prepared to show you would have taken the same action whether the employee served or not.