Author: Scott Prange

In Gabriel v. Island Pacific Academy, Inc., the Hawai‘i Supreme Court recently refused to enforce an arbitration clause in an employment agreement, where the chosen arbitrator’s standard operating procedures would have required the employee to pay half the arbitration costs up front in order to arbitrate any dispute. Continue Reading
The Honolulu Star-Advertiser recently noted “Hawaii’s Hepatitis A outbreak . . . is the worst in the country since 2003.”  As of September 6, 2016, the State of Hawai’i Department of Health (“DOH”) has confirmed 241 cases of Hepatitis A across the state.. On August 8th, our… Continue Reading
As of August 3, 2016, the State of Hawai’i Department of Health (“DOH”) has confirmed 135 cases of Hepatitis A across the Hawaiian Islands, including seven food service workers, in the largest outbreak in decades. Although the DOH has yet to identify the source of the outbreak and the… Continue Reading
Tick tock, tick tock: Time is running out!  In May, the United States Department of Labor (the “DOL”) issued a Final Rule, modernizing the Fair Labor Standards Act (“FLSA”), doubling the threshold at which employees are “exempt” from overtime pay, making nearly five million currently “exempt” employees “non-exempt” and eligible… Continue Reading
“There are only two categories of companies affected by trade-secret theft: those that know they’ve been compromised and those that don’t know yet.” – Eric Holder, former U.S. Attorney General In May, President Obama signed the Defend Trade Secrets Act (the “DTSA”). The DTSA creates a federal uniform standard, permitting… Continue Reading
Updated on January 29, 2016 On January 20, 2016, the United States Department of Labor (“DOL”) released an “Administrator’s Interpretation” of the Fair Labor Standards Act (“FLSA”) with respect to joint employment.  A week later, on January 27th, the DOL followed up with a “Fact Sheet” on the… Continue Reading
As an employer, you may be on a collision course with the National Labor Relations Board (“NLRB”), if like most employers, you haven’t recently updated your employee handbook. Recently, the NLRB’s General Counsel, Richard F. Griffin, Jr., dropped a wide-reaching memorandum, which applies to all employers-regardless if their workforce is… Continue Reading
Last Friday, the United States Supreme Court, in Obergefell v. Hodges, affirmed that the Fourteenth Amendment of the Constitution requires states to apply their marriage laws equally to all couples, regardless if they are opposite-sex or same-sex. Writing for the Majority, Justice Anthony Kennedy stated, “Under the Constitution, same-sex… Continue Reading
Yesterday, the Supreme Court released its much-anticipated decision in EEOC v. Abercrombie & Fitch Stores, Inc., a case raising issues about the extent of an employer’s duty to accommodate religious beliefs and practices. The Court’s decision, (8-1), was penned by Justice Scalia, with Justice Alito concurring, and Justice Thomas… Continue Reading