A district court properly granted summary judgment against former plan participants, because their alleged injury could not be traced to any alleged misconduct by the plan or the sponsoring employer and it could not be redressed without excessive speculation. Any breaches of fiduciary duty did not cause material harm to the plan participants that entitled...
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Hawaii Employment Law Decisions from May 3 to May 9 - Jeffrey S. Harris
A district court properly granted an employer summary judgment against a discrimination claim by a former employee who it laid off and did not rehire, because he was not qualified for the position he sought, the employer was in financial trouble, his lead position was not necessary when the program he was assigned to only...
Read MoreJune 18: FLSA Update: Ensuring Compliance in 2015 (HR Administration Series)
On Thursday, June 18, 2015, John Knorek and Christine David of Torkildson, Katz will be presenting on FLSA updates and ensuring compliance in 2015 as part of HEC's five-part HR Administration Series. Speakers: John L. Knorek, Esq.; Christine David, Esq. Date: Thursday, June 18, 2015 Time: 8:30am - 11:30am Location: HEC's Kahili Room When are the new overtime...
Read MoreJune 10, 2015: Employer Reporting & Tax Requirements under the Affordable Care Act
On June 10, 2015, Laura Anderson and Vaughn Cook of Torkildson Katz will be speaking on Employer Reporting & Tax Requirments under the Affordable Care Act at a training seminar presented by the Hawaii Employers Council. Date: Wednesday, June 10, 2015 Time: 9:00 a.m. to 11:30 a.m. (Registration: 8:30 a.m.) Location: Dole Cannery (735 Iwilei...
Read MoreHawaii Employment Law Decisions from April 26 to May 2 – Jeffrey S. Harris
Before suing an employer, the EEOC must inform the employer about the specific discrimination allegations; describe what the employer has done and which employees (or class of employees) have suffered and try to engage the employer in a discussion in order to give the employer a chance to remedy the allegedly discriminatory practice. Mach Mining...
Read MoreHawaii Employment Law Decisions from April 12 to April 25 – Jeffrey S. Harris
A District Court erroneously granted summary judgment against an employee's long term disability benefit claim by reviewing an administrator's denial of claim under abuse of discretion rather than a de novo standard, because although the summary plan description for the plan gave the plan administrator discretionary authority to determine eligibility for benefits, the insurance certificate...
Read MoreHawaii Employment Law Decisions from March 30 to April 11 – Jeffrey S. Harris
A District Court erroneously granted summary judgment against an employee's disability discrimination claim under California law, because the employee created an issue of fact about whether his disability caused his termination by submitting his own declaration stating that his supervisor told him "if you're going to stick with being sick, it's not helping your situation. ...
Read MoreHawaii Employment Law Decisions from March 22 to March 28 – Jeffrey S. Harris
A pregnant employee denied light duty could make a disparate treatment claim against an employer who provided light duty to employees who were work injured, disabled or lost their Department of Transportation certificates, unless the employer could offer a legitimate reason for denying her light duty that is not based simply on greater expense or...
Read MoreHawaii Employment Law Decisions from March 15 to March 21 – Jeffrey S. Harris
A former employee terminated shortly after complaining to her supervisors about discrimination and accounting regularities made a prima facie case of retaliation, but failed to offer any "specific and substantial circumstantial evidence" showing any dispute over whether the company's legitimate, non-discriminatory reasons for her termination were a pretext for unlawful retaliation. Lui v. Hewlett-Packard Co.,...
Read MoreHawaii Employment Law Decisions from March 8 to March 14 – Jeffrey S. Harris
The U.S. Department of Labor did not violate the Administrative Procedure Act by reversing its historical interpretation and concluding that mortgage loan officers did not qualify for the administrative exemption to the overtime pay requirements of the Fair Labor Standards Act. Perez v. Mortgage Bankers Ass'n, 135 S.Ct. 1199 (March 9, 2015). The District Court...
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