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Hawaii 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 LLC v. Equal Employment Opportunity Commission, 2015 U.S. LEXIS 2984 (April 29, 2015).

An employer of a cleaning subcontractor was not a third party beneficiary to an agreement between a hotel and a cleaning subcontractor stating that it would pay rates provided by the hotel's collective bargaining agreement, given the provision in the agreement between the cleaning subcontractor and the hotel that there were no third party beneficiaries to the agreement.  Balboa v. Haw. Care and Cleaning, Inc. 2015 U.S. Dist. LEXIS 556154 (D. Hawaii. April 28, 2015).

Note: We analyze cases to learn rules the courts will follow or disappoint us if they don't. Rules that the courts follow allow us to behave and provide explanations that they accept. But competent advocates may limit the rules to the facts of the case where they are discussed, or expand rules by showing that differences in other cases are irrelevant.