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Hawaii

Uniformity key to investigations that stand up in court

07/01/2007

When it comes to employee complaints and how your organization responds to them, uniformity is the most important factor …

Let cops search computers; don’t fear a privacy lawsuit

04/01/2007

With all the talk about workplace privacy, remember that your organization, not the employee, owns the computers and the data in them. You needn’t fear a privacy lawsuit if you give permission for law enforcement to read e-mail, search hard drives or access phone numbers on company-owned cell phones …

Employers can be liable for harassing customers, too

12/01/2006

Employees have the legal right to work in a harassment-free environment, and employers must take corrective measures to end harassment when it comes to their attention. It doesn’t matter that the harassment comes from customers or others the employer has no control over …

Build a Sturdy ‘Escape Hatch’ Into Your Organization’s Discipline Policy

12/01/2006

Does your employee handbook outline a progressive discipline process and also include a contract disclaimer? If so, you may think the disclaimer prevents employees from claiming that the discipline policy was a "contract" that can’t be skipped over in favor of instant termination. But you’d be wrong …

Court: Hearing test used by UPS to screen drivers violates ADA

12/01/2006

The 9th Circuit Court of Appeals recently affirmed that Atlanta-based United Parcel Service (UPS) violated the ADA by refusing to hire package-car driver applicants if they failed a hearing test …

Breast-feeding: The next employment right? Some in Congress want the feds to follow states

10/01/2006

If Rep. Carolyn Maloney (D-N.Y.) has her way, employers would have to comply with yet another federal employment entitlement: the right to breast-feed or express milk for infant feeding. Her bill would make it illegal to discriminate against breast-feeding moms and would give tax incentives for companies to establish sanitary places for employees to breast-feed …

Beware of a growing risk: harassment by customers

03/01/2006

Too many employers think harassment is a problem only when it’s an employee-on-employee thing. Recent court rulings prove that you can be held liable even when outsiders harass your employees. Taking action may cost you a customer, but courts say defending employees must come first …

When can nonsexual bullying equal sexual harassment?

01/01/2006

f you think sexual harassment involves only those headline-grabbing actions like groping behind closed doors or demands for sex, you’re wrong. The law also says that if your organization tolerates employees who single out co-workers of one gender for abusive (nonsexual) treatment, you could be liable for a sexual harassment lawsuit based on a hostile environment …

Cut legal risk during layoff

12/01/2000

Q. In recent months, a sharp decline in revenue has forced us to consider downsizing. What are the legal risks associated with a layoff and how can we minimize them? —L.C., Hawaii