Blog Archives

Non-Compete Agreements
American Payroll Association 2015 Employment Law Update

Last Friday, I presented a 2015 Employment Law Update to the Hawaii Chapter of the American Payroll Association.  The presentation was held in the sports room at Dave and Busters and it was an interesting experience being in that room with the big TVs and projection screen, but for a work function instead of watching the football or basketball games.

APA employment law update

My discussion included three main parts:  (1) Hawaii legislative updates; (2) recent actions by the United States Department of Labor and Hawaii Department of Labor and Industrial Relations; and (3) decisions from the Hawaii Supreme Court, United States Supreme Court, and the National Labor Relations Board.

For the Hawaii legislative update, the topics included:

  • E-Cigarettes
  • Porterage Charge Disclosures/Distribution
  • Non-Compete Agreements
  • Medical Marijuana

For the DOL/DLIR update, we discussed the following topics:

  • DOL’s Notice of Proposed Rulemaking on Exempt Positions
  • Independent Contractors

Finally, my discussion on recent court and Board decisions covered the following topics:

  • Joint employer status
  • Arrest and court record discrimination in hiring
  • Age discrimination in hiring
  • Religious discrimination in hiring
HEC 2015 Hawaii State Legislative Update

For 2015, instead of conducting a formal in-person presentation for the Hawaii State Legislative Update, HEC produced a YouTube video that highlights the few laws that were passed this year.  The video is pretty short (~5 minutes) and provides an update on some new labor and employment laws that resulted from the 2015 legislative session.

To view the video, please click on the following link:  HEC 2015 State Legislative Update

In addition, you can obtain the latest version of HEC’s Legislative Digest here:  Legislative Digest after Veto Deadline.

Finally, as always, if you have any questions or comments, please let me know.  Have a great day!

2014 Legislative Session: Running Updates

Each year, the Hawaii Employers Council provides its members with updates on labor and employment law bills that are being addressed by the legislature. One of those documents, the Legislative Digest, is actually currently available to the general public, and can be accessed here:  HEC Legislative Updates.

Bills that are still alive as of the Second Lateral deadline address (1) the minimum wage, (2) payment of wages via direct deposit and pay cards, and (3) workers’ compensation drugs, fee schedule and settlements.

For the 2014 Legislative Session, the Legislative Digest is available for the following key deadlines:

  • Bills Introduced (available)
  • First Lateral (available)
  • First Crossover (available)
  • Second Lateral (available)
  • Second Crossover (available)
  • Sine Die  (available)
  • Veto Deadline (available)

As more deadlines pass, I will update this blog entry to indicate when the most recent Legislative Digest is available.

Other updates, such as articles providing a detailed explanation of several of the significant measures and talking points on certain bills, however, are available only to HEC members.

Non-Compete Agreements
Many employers ask whether they may have their employees sign “non-compete agreements.” The answer is Yes, but with limitations.


HI Supreme Court Says Three-Year Non-Compete Agreement Okay
This week, in 7′s International v. Daoru Del Rosario, the Hawaii Supreme Court ruled that an agreement that prevented a former employee from competing with its former employer was valid.