The District Court erroneously granted summary judgment against an employee's retaliation claim under the Energy Reorganization Act, because the employee offered evidence showing that his subcontractor employer transferred him off a project because the general contractor was unhappy about him raising safety concerns. He had a constitutional right to jury trial for his claims seeking...
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Hawaii Employment Law Decisions from February 22 to February 28 – Jeffrey S. Harris
An employer was not liable for an employee's sexual assault of a customer, under California law. The assault was due to propinquity and lust and its motivating emotions were not fairly attributable to work-related events or conditions. The employer was not liable for negligent supervision of the employee. There was no evidence that the employer...
Read MoreRegister! SHRM Hawaii 2015 Hawaii Legislative Update Webinar
SHRM HAWAII 2015 HAWAII LEGISLATIVE UPDATE WEBINAR with Melissa Pannell, John Knorek & Melissa Pavlicek Get the latest 2015 Hawaii legislative updates without leaving your desk! Join us on Friday, May 1 at 12:00pm, as Melissa Pannell, John Knorek and Melissa Pavlicek discuss and answer your questions about pending 2015 legislation and important law updates...
Read More2015 Employment Law Update Presented by Torkildson, Katz
On Monday, April 6, 2015, the Law Office of Torkildson, Katz, Moore, Hetherington & Harris presented and sponsored the Hawaii Chamber of Commerce's 2015 Employment Law Update. Topics included: Hiring Decisions Made Harder: Shimose v. Hawaii Health Systems (1/16/15) Hawaii's arrest & court record requirements narrowed - Joseph A. Ernst Why you need good reasons...
Read MoreNewton Chu to Speak on I-9 Compliance, May 7, 2015
On May 7, 2015, Newton Chu will be speaking at a seminar presented by the Hawaii Employers Council on I-9 Compliance: Turning the Deceptively Difficult into Simply Understandable. Noncompliance with the deceptively difficult two-page Form I-9 can result in hefty fines. For instance, in 2010, Abercrombie and Fitch was fined $1,047,110 for I-9 violations even...
Read MoreHawaii Employment Law Decisions from February 1, 2015 to February 21, 2015 - Jeffrey S. Harris
Plaintiffs stated wage and hour claim by identifying tasks for which they were not paid and alleging that they regularly worked more than eight hours in a day and 40 hours in a week. Boon v. Canon Business Solutions, 2015 U.S. App. LEXIS 2449 (9th Cir. Feb. 18, 2015). District court properly granted summary judgment...
Read MoreHawaii Employment Law Decisions from January 1, 2015 to January 31, 2015 – Jeffrey S. Harris
Retiree health insurance benefits do not vest for life, majority of Supreme Court holds, when collective bargaining agreement provides that retirees "would receive a full company contribution towards the cost of health care benefits", that the benefits would be provided for the duration of the agreement and that the agreement would be subject to renegotiation...
Read MoreHawaii Employment Law Decisions from December 14, 2014 to December 31, 2014 – Jeffrey S. Harris
District court had jurisdiction over putative class action because the waiting time penalties sought alone exceeded the $5 million threshold for removal. Jones v. Bath & Body Works, LLC, 2014 U.S. App. 24508 (9th Cir. Dec. 29, 2015). Court issued detailed findings and conclusions regarding pattern and practice of discrimination, harassment and retaliation against Thai...
Read MoreApril 15-16, 205: John Mackey and Joseph Ernst To Speak At The Management Education Council Seminar Series
John Mackey and Joseph Ernst of Torkildson, Katz will be part of a panel presenting at the Management Education Council's seminar series on Employment Law in Hawaii. Wednesday, April 15, 2015- Employment Law for CEO's, Managers & Supervisors in Hawaii: How To Avoid Costly Employee Lawsuits And Very Costly Personal And Class Action Settlements Time: 7:45 a.m....
Read MoreSHRM Hawaii March 5th Seminar: March 2, 2015 is Last Day to Register
March 2, 2015 is the last day to register for SHRM's March 5, 2015 seminar featuring guest speakers Scott Ferrin, Gary Edwards, Lisa Brewer and John Knorek. Topics discussed to include: Best Practices in Talen Management Strategy How to Conduct Workplace Investigations Legal Essentials For more information and to register, click here. When: Thursday, March 5,...
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