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Employment Law Blog

Hawaii Employment Law Decisions May 1, 2016 to May 7, 2016 – Jeffrey S. Harris

District court correctly vacated grievance committee award requiring employee to arbitrate statutory wage claims under collective bargaining agreement.  Committee recognized and ignored applicable law requiring agreement to contain clear and unmistakable agreement to arbitrate statutory wage claims.  Requirement applied to labor as well as discrimination claims, because agreement to arbitrate is a waiver of the...

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Hawaii Employment Law Decisions April 24, 2016 to April 30, 2016 – Jeffrey S. Harris

District court did not err by granting summary judgment against disability discrimination claim under California law.  Employer's policy of providing job protection and full pay up to 26 weeks after which disabled employee could apply for benefit for another 26 weeks was a neutral non-discriminatory policy, particularly because employee had taken earlier six month leave...

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Hawaii Employment Law Decisions April 17, 2016 to April 23, 2016 – Jeffrey S. Harris

District court erred by denying claim for pension benefits, because the plan and successor employer had burden to show whether former employee worked enough hours for predecessor's employer affiliates that participated in the plan to qualify for benefits, once former employee showed he worked some hours for affiliates who may have participated.  Barton v. ADT...

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Hawaii Employment Law Decisions April 10, 2016 - April 16, 2016 - Jeffrey S. Harris

District court did not err by ruling short term disability insurer abused its discretion by denying employee's benefit claim as untimely.  Summary plan description ("SPD") did not adequately inform employee he was required to submit his claim within 60 days after his injury as opposed to 60 days after he ceased participating in the company's...

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Hawaii Employment Law Decisions April 3, 2016 to April 9, 2016 - Jeffrey S. Harris

District court erred by granting summary judgment against claim for retaliation under 42 U.S.C. § 1981.  Pipefitter timely sued within four year deadline after being informed of his termination.  Evidence employer transferred him to dead end project in retaliation for complaining outside statute of limitations was background to show a retaliatory motive for the termination. ...

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Hawaii Employment Law Cases March 27, 2016 to April 2, 2016 – Jeffrey S. Harris

U.S. Ninth Circuit Court of Appeals Second petition to remove case from state to federal court was timely, because defendants filed it within 30 days after federal court denied first petition and remanded case to state court; time did not start running when plaintiff filed first amended complaint in federal court.  Defendants could remove case...

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Hawaii Employment Decisions March 20, 2016 to March 26, 2016 - Jeffrey S. Harris

U.S. Supreme Court District court did not err by allowing FLSA overtime pay class representatives to use an expert's opinion about how long it took over 3,000 putative plaintiffs to don and doff safety gear at a Tyson pork factory.  The expert arrived at an average time the employees took to put on and take...

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Hawaii Employment Law Decisions March 13, 2016 to March 19, 2016 – Jeffrey S. Harris

U.S. Ninth Circuit Court of Appeals District court appropriately granted summary judgment against retaliation claim, because former employee did not offer specific and substantial evidence employer's legitimate reason for her termination - insubordination - was pretext for retaliation. California law did not protect former employee's refusal to sign form stating internal company investigation was confidential....

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Hawaii Employment Law Decisions March 6, 2016 to March 12, 2016 – Jeffrey S. Harris

U.S. Ninth Circuit Court of Appeals Acting general counsel for National Labor Relations Board could not authorize agency's request for injunction against employer, because President improperly appointed him when President also nominated him for a permanent position.  Hooks v. Kitsap Tenant Support Servs., 2016 U.S. App. LEXIS 4246 (9th Cir. March 7, 2016). District court...

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Hawaii Employment Law Decisions February 28, 2016 to March 5, 2016 – Jeffrey S. Harris

U.S. SUPREME COURT The Employer Retirement Income Security Act preempts state law requiring self-insured health care plans to report payment of claims and other data relating to health care plans.  Gobeille v. Liberty Mutual Ins. Co., 2016 U.S. LEXIS 1612 (March 1, 2016). U.S. NINTH CIRCUIT COURT OF APPEALS Employer waived right to contest withdrawal...

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