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Arrest and Conviction Records
2014 Legislative Session: The End is Near(ing)

Let the conference games begin!

Just last week, we passed the Second Crossover deadline, which is the date that the Senate must complete its review of bills submitted by the House of Representatives, and vice versa.  Bills that have survived the Second Crossover deadline are now either (a) sent to conference or (b) sent to the Governor for his review/approval/veto.

At this point in the legislative session, there are still several bills remaining that would have an impact on how employers conduct business here in Hawaii.  Such bills include measures that address:

  • Minimum Wage
  • Payment of Wages
  • Temporary Disability Insurance
  • Workers’ Compensation
  • Healthcare Issues
  • Smoking in the Workplace
  • Criminal Background Checks
  • And others…

As I’ve noted in the “Running Updates” post here, the HEC Legislative Digest following Second Crossover is now available for viewing on the Legislative Updates section of the HEC Website.   In addition, HEC members can also access a Highlights article that discusses several of these key measures in more depth.

Conference hearings will begin this week.  As the Senate and House wrestle over the language of the pending bills, it will be interesting to see what type of concessions are made by either side and what type of legislation is ultimately passed.

Arrest and Conviction Record Can Be Used Against Current Employees

The Hawaii Supreme Court has just ruled that an employer may legally terminate an employee based on the employee’s arrest and conviction record, if the conviction is for a crime that has a “rational relationship” with the employee’s job position.

The text of the court’s decision can be found here: Wright v. Home Depot.

New Employment Laws for 2003
The following are the major labor and employment laws produced by the 2003 state legislative session:

Act 95 (Conviction Records) - The 10-year period of an applicant’s conviction record that employers can consider does not include periods of incarceration. (Effective May 28, 2003)

Act 44 (HFLL) - Hawaii Family Leave Law is amended to require employers to allow employees to use up to 10 days of paid sick leave to care for a child with a “serious health condition.” Because this new law falls under the HFLL, it applies only to employers with 100 or more employees. (Effective July 1, 2003)

Act 60 (Victims Leave Law) – Employers with 50 or more employees are required to provide employees who are the victim (or whose child is the victim) of domestic or sexual violence with up to 30 days of unpaid leave per year to seek medical attention, victim services, or counseling. Employers with less than 50 employees need to provide only 5 days of leave to such employees. (Effective January 1, 2004.)