DOJ Issues Best Practices for Recipients of Federal Funding to Avoid DEI Violations
On July 30, 2025, the U.S. Department of Justice issued a memo titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” offering “non-binding suggestions” to help entities minimize the risk of committing unlawful discrimination as defined by the current administration. Areas of scrutiny – and as a result, significant legal pitfalls – include: Recommendations on […]
Read More
Hawaii Supreme Court Remands Disability Discrimination/Retaliation Case
On June 9, 2025, the Hawaii Supreme Court affirmed in part and vacated in part the First Circuit Court ruling in the case of Gima v. City and County of Honolulu(SCAP-23-0000416). The plaintiff had filed claims of disability discrimination and retaliation after her employer gave her a substandard performance evaluation and subsequently demoted her, shortly after […]
Read More
ELA Webinar: “Immigration Challenges and Opportunities,” Aug. 26
ELA WEBINAR: IMMIGRATION CHALLENGES & OPPORTUNITIES: NAVIGATING CHANGE IN A COMPLEX LANDSCAPE, AUG. 26, 5-6:15AM HST* Global immigration policies and practices are changing at a rapid pace in response to shifting U.S. political and economic landscapes. This webinar, presented by the Employment Law Alliance, will explore the latest immigration law trends across the U.S. and […]
Read More
ES&A Lawyers Named to Best Lawyers 2026
ES&A President Anna Elento-Sneed, recognized by Best Lawyers since 2006, has once again been named to the annual list in the following areas in Hawaii: ES&A Director Bryan Andaya, recognized by Best Lawyers since 2025, is listed in the following area for Hawaii: ES&A Director Sam Sneed has been listed on the Ones to Watch […]
Read More
HCRC Publishes Amended Administrative Rules
The Hawaii Civil Rights Commission (HCRC) amended its administrative rules Chapter 12-46 effective Nov. 19, 2024. Published on the HCRC website in July 2025, the final rules include changes to: See our previous post which discussed the amendments in detail prior to final approval; there were no substantive changes in the published version.
Read More
Updated OSHA Penalty Guidelines
On July 14, 2025, the U.S. Department of Labor (USDOL) updated its Occupational Safety and Health Administration (OSHA) penalty and debt collection procedures, reducing penalties for small businesses, as well as employers with no violations within the prior 5 years, as follows: Reductions are not automatic; see the guidelines in the Penalties and Debt Collection section […]
Read More
USDOL Ends Practice of Seeking Liquidated Damages in Wage and Hour Investigations
As stated in Field Assistance Bulletin No. 2025-3, issued June 27, 2025, the U.S. Department of Labor (USDOL) Wage and Hour Division (WHD) will no longer seek payment of liquidated damages for failure to pay minimum wage and overtime to employees in any administrative matter under the Fair Labor Standards Act (FLSA). The only time WHD can seek […]
Read More
ELA Webinar on Pay Equity, July 30
With evolving perspectives about how discrimination is being defined under the current administration, U.S. employers are wondering whether to reconsider their pay equity strategy, particularly with regards to pay audits. The Employment Law Alliance (ELA) in partnership with the Berkeley Research Group, will present a webinar on “Spotlight on Pay Equity: Compliance and Strategy Under […]
Read More
CyberHawaii/CISA 2-Part Webinar on Vulnerability Management, July 15 and 29
CyberHawaii and the the federal Cybersecurity and Infrastructure Security Agency (CISA) will present a free, 2-part webinar on: The first session, to be held July 15, 2025, 2-3pm online via Zoom, will provide information on threats and approaches to defend against them, including materials to assess your organization’s readiness. At the second session, to be […]
Read More
USDOL Re-Launches Opinion Letter Program
The U.S. Department of Labor (USDOL) has re-launched its opinion letter program providing compliance assistance to help stakeholders understand how federal labor laws apply in specific workplace situations. Opinion letters are official written opinions, and can be requested by anyone, including workers, employers, employment associations, lawyers, human resource professionals, unions and industry leaders. See the USDOL Opinion Letter […]
Read More
