|
PAID VOTING LEAVE REQUIREMENTS UNDER HAWAII LAW
September 2006
Hawaii's primary election will be held on Saturday, September 23rd, and the general election on Tuesday, November 7th. Hawaii employers may be required to provide paid voting leave to employees. If an employee's normal work schedule does not allow for at least 2 consecutive off-work hours between the 7:00 am opening and 6:00 pm closing of the polls, the employer must provide up to 2 hours of paid leave to voting employees. Lunch and rest breaks may not be included in providing the 2 consecutive hours. Only employees eligible and registered to vote qualify for this leave. A voter's receipt may be required as proof of voting.
For example, if an employee's normal work schedule is from 8:00 am to 5:00 pm on election day, the employer is required to provide 1 hour of paid voting leave either at the start or end of the employee's work day. The employer may require proof of voting to ensure eligibility for the paid leave. However, if an employee's normal work schedule is from 7:00 am to 4:00 pm on election day, no paid voting leave is necessary because the employee has 2 consecutive hours after-work during which he/she can vote. For further information, please refer to Chapter 27 of the Chamber Desk Manual or contact your TK attorney at 808-523-6000.
|
|
|
AUTHORS
 |
NEWTON J. CHU is the resident director in the firm's Hilo office and practices in the areas of labor and employment, immigration, and general corporate law matters. Mr. Chu received his Bachelor of Arts degree from the University of Hawai‘i, and his J.D. degree from Antioch School of Law. At the University of Hawai‘i, Mr. Chu earned the Lee-shao Chang Award for Excellence in Chinese Studies. Prior to joining the firm in 1995, Mr. Chu was a partner with Eng, Nishimura & Chu in Los Angeles , California. Mr. Chu advises numerous companies throughout the state of Hawai’i, both large and small, several non-profit corporations and scientific institutions, and he is active in the community. He currently serves as the Chair of the Hawai`i Chapter of the American Immigration Lawyers Association, and on the boards of directors of the Boys & Girls Club of the Big Island and the Hawai‘i Island United Way. He is also a member of the Hawai‘i Island Chamber of Commerce (Past President 2000-01), Kona Kohala Chamber of Commerce, the Society of Human Resource Management (Past President Big Island 2005), the Japanese Chamber of Commerce and Industry of Hawai’i, and the Rotary Club of Hilo (Past President 2002-03).
|
 |
SHERI-ANN S.L. LAU CLARK received her Bachelor of Business Administration degree in Human Resource Management from the University of Hawai‘i at Manoa and later received her Juris Doctorate degree, magna cum laude, from the William S. Richardson School of Law. During law school, she was the Managing Editor of the University of Hawai‘i Law Review and was awarded the CALI Excellence for the Future Award for both Constitutional Law and Evidence. Ms. Clark has presented seminars for human resource professionals, managers, and employees concerning various employment topics, including harassment, wage and hour, and leave issues. She has also counseled employers with preventative advice to ensure compliance with the federal and state laws.
|
 |
TAMARA M. GERRARD practices in the area of general civil litigation and Labor and Employment Law. Ms. Gerrard received her Bachelor of Arts degree, with distinction, in Economics from the University of California at Berkeley and received her Juris Doctorate degree, magna cum laude, from the University of California, Hastings College of Law in 1992 where she was a member of the Hastings Law Journal and the Thurston Honor Society, and was elected to the Order of the Coif. Ms. Gerrard is admitted to practice law in both Hawai‘i and California.
|
 |
JEFFREY S. HARRIS concentrates in the area of wrongful discharge, harassment, retaliation, discrimination, wages and hours, employee benefits, safety and health, union organizing, unfair labor practices, collective bargaining, arbitration and all other areas of labor and employment law. Mr. Harris has been with the firm since 1980. He received his law degree from the University of Michigan Law School and graduated from the University of California at Berkeley. Mr. Harris has been selected by Best Lawyers in America. He has been named as one of Hawai`i's "A+ Lawyers" by Honolulu Magazine.
|
 |
ROBERT S. KATZ is an experienced trial attorney; his practice is concentrated in the area of complex business and real estate transactions, employment and labor law, healthcare law, and complex business litigation. He also serves as an arbitrator in complex business transactional disputes and as the Chief Negotiator in numerous labor negotiations. Mr. Katz has practiced with the firm since 1968 and has been consistently recognized as one of Hawai`i's preeminent lawyers. In 1999 he became the first lawyer from Hawai`i elected as a fellow of The College of Labor and Employment Lawyers. Mr. Katz has also been consistently selected by The Best Lawyers in America, Chambers USA America's Leading Lawyers for Business, and honored by Who's Who in America. He was recently named as one of Hawai`i's "A+ Lawyers" by Honolulu Magazine. Mr. Katz received his Bachelor of Arts degree in History from Rutgers University and his Juris Doctorate degree, cum laude, from the University of Michigan Law School. Mr. Katz is admitted to the bar of all Hawai`i federal and state courts, the U.S. Court of Appeals, Ninth Circuit, and the U.S. Supreme Court. Mr. Katz is active in many community projects, and currently serves as a trustee of the Blood Bank of Hawai`i and a Director of the Hawai`i Opera Theatre. He also served several years as co-chair of the American Bar Association's Employment Law Section on Antitrust and Labor Relations Law.
|
 |
KENDRA K. KAWAI joined the firm’s labor and employment law department as an associate in January 2007. Ms. Kawai has been licensed to practice law in Hawai`i since 2002. She previously worked for the City and County of Honolulu in the Department of the Corporation Counsel’s Tort Litigation Division for approximately three years. As a Deputy Corporation Counsel, she assisted and litigated numerous cases that went to trial at both the state and federal levels. Immediately after law school, Ms. Kawai worked as a law clerk for the Honorable Colleen K. Hirai, Chief Judge of the First Circuit of the State of Hawai`i. She received a B.A. in Political Science with a Minor in Philosophy from the University of California, San Diego and a J.D. from the University of Oregon School of Law. During law school, Ms. Kawai was a member of the Journal of Environmental Law and Litigation Editorial Board and served as its Operations Editor. She also was selected as a member of the Moot Court Board for two consecutive years and served as its Assistant Director.
|
 |
JOHN L. KNOREK provides counsel and representation to large and small employers in all aspects of employment and wrongful discharge law. His practice also includes collective bargaining negotiations, affirmative action compliance, mediation and arbitration. He provides training to businesses on employment discrimination and preventative personnel practices, including family leave, disability law and sexual harassment. He has practiced with the firm since 1981. He is listed in "Best Lawyers in America" and " Hawai`i's Best Lawyers" in Honolulu Magazine. Mr. Knorek received his Bachelor of Arts and Masters degrees from the University of Cincinnati, and his Juris Doctorate degree from Georgetown University. He is currently a director of Hospice Hawai’i and The Chamber of Commerce of Hawai`i, chair of the Human Resources Committee, and is on the Executive Committee of the Castle Hospital Chip In For Castle Charity Golf Tournament. He also guest lectures at the University Hawai‘i, William S. Richardson School of Law, and the UH Business School.
|
 |
JOHN S. MACKEY joined the firm's Labor and Employment section in 2006. He has been licensed to practice law in Hawai’i since 1997. Mr. Mackey has worked for the City and County of Honolulu, most recently in the Department of Corporation Counsel's Tort Litigation Division, and prior to that for the Office of Council Services. He has also worked in the Employment and Elections Division of the Michigan Attorney General's Office where he defended a wide range of employment discrimination cases. Immediately after law school, Mr. Mackey worked as a law clerk for Hon. John C. Holstein of the Missouri Supreme Court. He received a Bachelor of Arts degree from the University of Hawai`i and a Juris Doctorate degree from the University of Missouri. During law school Mr. Mackey was a member of the Journal of Dispute Resolution and a member of the Missouri Law Review.
|
 |
ERNEST C. "CARY" MOORE III has practiced in the area of employment law and labor relations since 1974. Born and raised in Hawai`i, Cary represents management in all employment and labor law matters, including alternative dispute resolution, discipline and discharge policies, and avoiding discrimination and sexual harassment claims. Mr. Moore received his Bachelor of Arts degree in Government from Dartmouth College and his Juris Doctorate degree from Southern Methodist University Law School. For the last 15 years, he has been listed in the national reference volume “The Best Lawyers in America", and as been recognized as one of " Hawai`i's Best Lawyers” by Honolulu Magazine. Mr. Moore has presented numerous seminars on all aspects of employment and Labor Law to a wide variety of community groups. Mr. Moore is a Vice President of La Pietra - Hawai`i School for Girls; past President of the Outrigger Duke Kahanamoku Foundation; Vice President of the Industrial Relations Research Association; and will serve as President of the Board of Governors of the Pacific Club in 2008.
|
 |
KALANI A. MORSE advises and defends employers in all aspects of labor and employment law: defending against civil actions in state and federal courts, assisting in representing and advising management in labor grievances and arbitrations, labor elections, and unfair labor practice charges. Prior to law school, Mr. Morse received his BA degree in Public Relations from Brigham Young University and then worked as a project manager for IBM. Mr. Morse then earned his J.D. and M.P.A. from the J. Reuben Clark Law School and the Romney Institute of Public Management at BYU. During Law school, Mr. Morse served as a founder and Editor-in-Chief of the BYU International Law & Management Review and published an article on international corporate governance. He also competed on the school’s Moot Court team, served as a Director on the Moot Court Board of Advocates, and fulfilled an American Inns of Court pupilage. Throughout college and law school, Mr. Morse was repeatedly distinguished as a BYU Academic Merit Scholar and a Native Hawaiian Leadership Project Scholar. Mr. Morse also worked as a TA to various law professors, a summer associate at law firms in South Korea and Honolulu, and law clerk to the Bishop Museum’s Vice President & General Counsel.
|
 |
HEATHER M. RICKENBRODE joined the firm's Labor and Employment Department in 2004. She advises and trains clients on various compliance matters, and represents companies in litigation and alternative dispute resolution of discrimination, harassment, disability, whistleblower and other claims. Ms. Rickenbrode is a 2004 magna cum laude graduate of the Tulane University School of Law, where she was named to the Order of the Coif and was an editor of the Tulane Law Review. She received her undergraduate degree from New College of Florida in 1999.
|
 |
THOMAS M. TORKILDSON has been a civil litigator since 1993. Mr. Torkildson has experience counseling and defending businesses and individuals in all aspects of litigation, including labor and employment law litigation and alternative dispute resolution. Mr. Torkildson has a Bachelor of Arts Degree in Economics from Brown University in Providence, Rhode Island and a Juris Doctor degree from Baylor Law School in Waco, Texas. Prior to joining the firm, Mr. Torkildson practiced law in Texas, where he also had extensive experience litigating business and commercial disputes.
|
 |
WAYNE S. YOSHIGAI has extensive experience in representing employers in administrative and judicial proceedings, including arbitration, and litigation in state and federal courts. His practice concentrates in the area of harassment, discrimination, wrongful termination, retaliation, employee privacy, drug and alcohol testing, union organizing, unfair labor practices and all other areas of labor and employment law. He has practiced with the firm since 1986. Mr. Yoshigai received his Bachelor of Arts degree, cum laude, in History and Literature from Claremont McKenna College and his Juris Doctorate degree from George Washington University. He is known for his unique and effective training for management and employees on sexual harassment, sexual misconduct, workplace violence and substance abuse. Mr. Yoshigai provides pro bono counsel to the Episcopal Church in Hawai‘i, Ronald McDonald House, the Honolulu Symphony, and the Chamber of Commerce of Hawai‘i. He also served on the Hawai‘i State Council of the Society for Human Resource Management.
|
CONTRIBUTING AUTHOR
JOHN M. McGUIRE – Throughout the years, John McGuire has worked closely with Torkildson Katz Moore Hetherington & Harris on the Chamber Desk Manual. John served for many years as the vice-president of government affairs for the Chamber of Commerce of Hawai`i and was instrumental in assisting the firm in the first publication and subsequent revisions of the Manual. He authored the chapter on "Occupational Safety and Health" in the first edition and has continued to revise the chapter over the years. His master's degree in occupational health and many years as a compliance inspector in the California OSHA program, combined with his legal background, make him uniquely qualified in this subject area. John currently runs his own business specializing in risk management and the administration of wrap-up insurance programs for large construction projects.
|
|