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Employment Law and Labor Relations

Practice Areas

Business Immigration Employee Privacy Employment Contracts and Manuals Employment Descrimination and Wrongful Termination Labor Relations Workers' Compensation

Group Description

The modern law governing the relationship between employers and employees is complex, highly dynamic and very fact-sensitive. It is controlled by a continually evolving mixture of contract law, employment discrimination principles, government regulation, individual employment rights and traditional tort law. A unique blend of experience, knowledge and expertise is needed to navigate this sea of complexities and bring employment disputes to a prompt and effective resolution. We have the requisite knowledge and expertise. Our Employment Law and Labor Relations Practice Group provides a broad spectrum of services to businesses employing workers on Oahu and the neighbor islands. By including a group of ten partners and associates from the Business Organizations, Commercial and Real Estate Litigation and Tax practice groups, the practice group encompasses a wide array of legal expertise, providing employers with counsel from the day-to-day problems that arise in personnel management to the most complex employment discrimination and labor relations issues. In particular, our expertise includes: Employment Discrimination and Wrongful Termination Law Our attorneys regularly defend management against claims under Title VII, Hawaii's Fair Employment Practices Act and other discrimination laws; common law theories of wrongful termination (e.g., public policy and whistle-blowing protection); and collateral torts (e.g., negligent hiring, defamation, etc.). Our daily practice includes advising clients regarding policies and procedures, testing, and reasonable accommodations to ensure compliance with applicable federal and state discrimination laws. Employee Privacy Issues We draft personnel policies and advise employers regarding the legal requirements pertaining to alcohol and drug testing; e-mail usage and internet access; employee searches and surveillance; job references; and employee background checks. Statutory Employee Rights Our attorneys regularly consult employers, and provide timely advice to management regarding statutory employee rights encompassed in a myriad of federal and state laws. Their expertise includes employer obligations and employee rights under wage and hour, workers' compensation, unemployment insurance, temporary disability insurance, prepaid healthcare, and family medical leave laws. Workplace Safety Our attorneys assist employers with audits of their existing programs and verify compliance with federal and state occupational safety and health laws and regulations. If necessary, we help management develop programs and policies to comply with required standards. We also represent clients in the defense of OSHA and HIOSH enforcement actions. Workers' Compensation Our attorneys advise insured employers on workers' compensation issues and monitor and oversee claims being handled by insurer-retained counsel. We take a pro-active approach by providing in-house education to clients and giving advice on claims management and cost containment issues. Executive Compensation and Employee Benefit Plans Our attorneys advise clients in the area of executive compensation and non-ERISA employee benefits. We regularly draft employment agreements, consulting agreements, stock option plans, stock bonus plans, and severance agreements. Employment Law Issues in Mergers and Acquisitions Most mergers and acquisitions involve employment law issues. Our attorneys work with the other transactional attorneys in our firm to resolve issues that may arise relating to employer successor liability, dislocated worker notification statutes, collective bargaining agreements and employee benefit plans. Labor Relations Our attorneys advise employers in connection with union representation proceedings; collective bargaining agreements; unfair labor practice charges; grievance and arbitration process; and strikes, lockouts and picketing. Business Immigration We handle most business immigration needs of local employers desirous of employing foreign professionals in Hawaii. We also counsel employers regarding their legal obligations under the Immigration Reform and Control Act. While always ready to assist with immediate legal problem-solving, the Employment Law and Labor Relations Group believes that strategic planning is often the best weapon in preventing challenges to an employer's hiring, termination and employment policies. Through a series of supervisor training seminars, internal audits, and other forward-thinking programs, employers are encouraged - with the group's assistance - to prevent employment-related legal problems before they arise. Our attorneys are also regular contributors to The Hawaii Labor Letter and frequent speakers on topics of employment law at conferences in Hawaii and on the mainland.