Employment Laws in Hawaii
Definition of employee. Not specified.
Definition of employer. Employer includes any one employing one or more employees, including the state and its political subdivisions but not the United States. Not covered are religious or denominational organizations, or organizations operated for charitable or educational purposes, that are operated, supervised, or controlled by a religious organization that employ individuals of a particular religion to promote its religious principles.
Prohibited employment discrimination. Discrimination in employment based on race, sex (including pregnancy, childbirth, and related medical conditions), sexual orientation, age, religion, color, ancestry, disability, genetic information, marital status, arrest and court records or assignment of income for the purpose of child support obligation is prohibited.
Equal pay. Employers can not pay an employee at a different rate than another employee of the opposite sex if the job requires equal skill, effort, and responsibility and is performed under similar working conditions. Pay differentials resulting from a seniority system, a merit system, a system that measures earnings by quantity or quality of production, a bona fide occupational qualification, or a differential based on any other permissible factor other than sex would not violate this rule.
Smoking. Effective November 16, 2006, employers can not discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by Hawaii's smoking laws or reports or attempts to prosecute a violation of Hawaii's smoking laws. An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
Recordkeeping requirements. Every employer is required to make and keep records relevant to the Fair Employment Practices Act and make reports as prescribed by the Commission on Employment and Human Resources.
Posting requirements. As relief or penalty for an employment practices violation, an employer may be directed to conspicuously post notices setting forth requirements for compliance with the Fair Employment Practices Act or other relevant information that the Commission determines necessary to explain the Act.
|
