Corporate, Litigation, and Labor & Employment Lawyers

Honolulu and Hilo, HI

Hawaii Employment Law Decisions Jan. 15, 2017 to Jan. 21, 2017 – Jeffrey S. Harris

District court dismissed employee's claim for prevailing wages required by HRS §103-55, because no private right of action exists to enforce statute.  District court declined to dismiss claim employee was third party beneficiary of employer's contract with government.  Since allegations of complaint were unclear and no contract was attached, court could not determine whether contract simply incorporated statutory obligation.  Peltier v. Almar Management, 2017 U.S. Dist. LEXIS 6367 (D. Haw. Jan 17, 2017).

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 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.