Hawaii Employment Law Decisions October 4, 2015 to October 17, 2015 – Jeffrey S. Harris

Former employee alleged union retaliated against him for not participating in the falsification of time records showing service to trust funds for submission to the U.S. Dept. of Labor and reporting his concerns to FBI.  District Court held Employee Retirement Income Security Act did not completely preempt or preempt former employee's whistleblower and wrongful discharge in violation of public policy claims, and remanded case union removed from state court.  Yoshimura v. Hawaii Carpenters Union Local 745, 2015 U.S. Dist. LEXIS 140689 (D. Haw. Oct. 15, 2015)