Litigation
We represent employers in federal and state court proceedings (including appeals), government agency investigations and hearings, and in ADR proceedings (mediation and arbitration) in the following areas:
Wrongful Termination
- Public policy, retaliation, whistleblowers
- Breach of contract, breach of implied contract
- Defamation, invasion of privacy, negligence and other personal injury claims
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Equal Employment Opportunity
- Discrimination, harassment, reasonable accommodation, and retaliation claims
- Work injury claims
- Class actions
- Proceedings before the Equal Employment Opportunity Commission, the Office of Federal Contract Compliance Programs, the Hawai`i Civil Rights Commission and the Hawai`i Department of Labor and Industrial Relations
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Labor Law
- Representation, unfair labor practice, back pay or other special proceedings before the National Labor Relations Board or the National Mediation Board
- Arbitrations under collective bargaining agreements
- Injunction proceedings
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Wage and Hour Law
- Unpaid wages claims (minimum wage, overtime, Davis-Bacon and Service Contract Act)
- Independent contractor disputes
- Claims for improper deductions and other payment of wage issues
- Class actions
- Proceedings before the U.S. Department of Labor, and the Hawai`i Department of Labor and Industrial Relations
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Employee Benefits
- Claims for workers compensation benefits, unemployment insurance benefits, temporary disability insurance benefits and prepaid health care benefits
- Proceedings before the Hawai`i Department of Labor and Industrial Relations for failure to provide coverage and/or contributions for workers compensation, unemployment insurance, temporary disability insurance and prepaid health care
- Claims for reporting and disclosure violations under ERISA
- Benefit claims under ERISA
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Safety and Health
- Proceedings before the OSHA and the Hawai`i Occupational Safety and Health division
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Proprietary Rights
- Disputes over confidentiality and non-compete agreements
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Taft-Hartley Trust Funds/ERISA
We represent Trust Funds and managed care plans in:
Business transactions and investments
- Advise trustees and plan administrators on Prohibited Transaction matters
Reporting, disclosure and other compliance issues
- Prepare and amend Trust Agreements and Plan Documents for legal compliance and trustee objectives
- Prepare applications to IRS for recognition of tax exempt status
- Coordinate with auditor and actuary/consultant on annual filings with governmental agencies and communications with participants
- Review divorce decrees for compliance with QDRO and QMCSO requirements
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ERISA litigation
- Enforce payment of contributions required under collective bargaining agreement
- Assist with resolution of participant benefits claim disputes
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Business Advice
We advise employers on:
Equal Employment Opportunity
- Policies, procedures and training on discrimination, harassment, reasonable accommodation and retaliation issues
- Compliance issues under Title VII, ADEA, OWBPA, Rehabilitation Act, ADA and ADAAA, and state discrimination laws (including leaves and accommodations for pregnancy and childbirth)
- Employer investigations of discrimination, harassment, failure to accommodate and retaliation complaints
- Affirmative action plans, and EEO-1 and Vets 100 filings
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Labor Law
- Union organizing drives
- Collective bargaining negotiations (including strikes, lockouts, reserve gate and secondary boycott issues)
- Labor relations issues for government contractors and subcontractors
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Wage and Hour Law
- Classification of exempt and nonexempt employees
- Classification of independent contractors
- Calculation of wages under FLSA, Davis-Bacon Act, Service Contracts Act and Hawai`i Wage and Hour Law
- Payment of wages under federal and state law
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Employee Benefits
- Leaves of absence programs (including, but not limited to, FMLA, Hawai`i Family Leave Law, pregnancy leave, USERRA, disability leave, vacations, sick leave, PTO, domestic violence leaves, and personal leaves of absence)
- Insured benefits (prepaid health care, workers' compensation, unemployment, temporary disability, long term disability, group life, etc.)
- Self-insured benefits under state law (prepaid health care, workers' compensation, temporary disability insurance)
- Medical plan issues under the Hawai`i Prepaid Health Care Act, Patient Protection and Affordable Care Act, HIPAA, COBRA and ERISA
- Summary plan descriptions for retirement plans, early retirement programs, severance pay plans and other employee welfare benefit plans
- Compliance with reporting, disclosure and fiduciary obligations under ERISA
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Business Transactions, Strategic Planning and Organizational Development
- Registration as employers with government agencies
- Labor/employment issues in acquisitions, sales, mergers, restructuring, reductions in force, plant closings, dissolutions and bankruptcies (including plant closing notices under WARN and Hawai`i Dislocated Workers Act, and effects bargaining under labor laws)
- Management agreements and temporary service agreements
- Design and implementation of HR systems to complement strategic plans and "change management" initiatives
- Leadership development and management training programs
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Talent Management
- HR audits
- Employee handbooks, personnel procedures manuals, HR policies and procedures
- Job descriptions
- Personnel forms
- Employment contracts, independent contractor agreements, consulting agreements
- Severance and settlement agreements
- In-house training for managers and supervisors on a wide variety of HR topics
- Advice on day-to-day management issues (recruitment and hiring, background checks, compensation and benefits, leaves of absence, discipline and termination, documentation and recordkeeping)
- Employment verification requirements and visa issues
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Safety & Health
- Safety, health and emergency programs (including OSHA/HIOSH compliance)
- Substance abuse programs
- Workplace violence programs
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Proprietary Rights
- Non-compete agreements, confidentiality agreements, work-for-hire agreements
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Workplace Privacy
- Compliance with privacy laws (including HIPAA, ADA, Job Reference Liability, handling of personal information)
- Policies on electronic communications, computers, cell phone usage, and social networking
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AHFI attorneys who practice in this area include:
Important Cases
The following are provided as references for significant Hawai`i employment law decisions:
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