District Court improperly granted summary judgment against claim plan administrator misrepresented lifetime benefit maximum. Although ERISA (as amended by Affordable Care Act) did not ban lifetime benefit maximums retiree-only plans, the Summary Plan Description, as amended by the 2010 Summary of Modifications, violated ERISA disclosure requirements. Whether the Summary of Modifications violated ERISA disclosure requirements...
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Hawaii Employment Law Cases August 27, 2017 to September 2, 2017 – Jeffrey S. Harris
U.S. Ninth Circuit Court of Appeals District Court properly certified class of armed guards, and did not abuse discretion by concluding that nearly identical misrepresentations about the anticipated work schedule and common question of contract interpretation whether a 72-hour workweek was customary made common issues predominate. Risinger v. SOC LLC, 2017 U.S. App. LEXIS 16907...
Read MoreHawaii Employment Law Cases August 20, 2017 to August 26, 2017 – Jeffrey S. Harris
U.S. Ninth Circuit Court of Appeals District Court properly concluded federal law (National Labor Relations Act, Railway Labor Act and Airline Deregulation Act) did not preempt city from requiring airport service providers to enter labor peace agreement with any employer organization that requested one. District Court improperly denied leave to amend complaint because service providers...
Read MoreSpring/Summer 2017 Update on Key NLRB Decisions: Christine K. D. Belcaid
Macy’s, Inc., 365 NLRB No. 116 (August 14, 2017) An employer’s rule restricting employees from disclosing customer information from the employer’s confidential records did not violate the National Labor Relations Act (“the Act” or “the NLRA”). Because the rules were limited to information contained in the confidential files of the employer, they were lawful. The...
Read MoreAttorney Ron Heller To Speak At “Biggest Tax Reform in Decades” Breakfast Session – January 25, 2018
The Tax Cuts and Jobs Act of 2017 may prove to be the biggest tax Act in decades with incredibly far-reaching consequences. Between lower overall tax rates, new rules for flow-through entities, accelerated real estate write-offs, changes to deductions and much more, the tax planning implications and opportunities are extensive. Attorney Ron Heller, a Director...
Read MoreHawaii Employment Law Cases August 13, 2017 to August 19, 2107 – Jeffrey S. Harris
Ninth Circuit Court of Appeals District Court properly granted summary judgment against discriminatory failure to promote claim. Supervisor alleged saying employee interfered with promotion process did not undermine employer’s legitimate non-discriminatory reasons employee did not receive promotion- concerns about his skills and the quality of his interview - were pretexts for discrimination. Disciplinary action plan...
Read MoreDirector Newton Chu Helps To Advance New Law Modernizing Hawaiʻi Liquor Licensing
Director Newton J. Chu, who heads our statewide liquor licensing practice, was again instrumental in drafting and shepherding through legislation that served to streamline and modernize Hawaiʻi’s liquor licensing laws with respect to LLCs and publicly traded companies. HB 1465 was signed into law by Governor David Ige on July 11, 2017 as Act 184....
Read MoreHawaii Employment Law Cases August 6, 2017 to August 12, 2017 – Jeffrey S. Harris
U.S. Ninth Circuit Court of Appeals Hiring and expecting human resource director to ensure it complies with law against continuing to employ unauthorized alien or failing to properly complete, retain or produce I-9’s did not entitle employer to good faith defense against violating the requirements. Five-year limitation period for continued employment violation ran from last...
Read MoreHawaii Employment Law Cases July 30, 2017 to August 5, 2017 – Jeffrey S. Harris
U.S. Ninth Circuit Court of Appeals District Court property granted summary judgment against ADA discrimination claim. Former medical resident neither qualified nor satisfactorily performed; he left the hospital while on call without giving the pager to a colleague and was involved in a ‘red flag’ incident. Record showed medical center terminated resident because he violated...
Read MoreHawaii Employment Law Cases July 23, 2017 to July 29, 2017 – Jeffrey S. Harris
U.S. Ninth Circuit Court of Appeals District Court properly granted summary judgment against crewmember’s claim of alleged harassment and termination by captain after romantic relationship ended. Her claim did not involve “savage and vicious physical attack” needed to state Jones Act “unseaworthiness” claim and California courts did not apply law against harassment, discrimination and retaliation...
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