ES&A Ranked Tier 1 Hawaii by Best Law Firms 2023
Best Law Firms 2023 has ranked ES&A among Hawaii’s Tier 1 law firms for Employment Law – Management, Labor Law – Management, and Litigation – Labor & Employment. The rankings, issued by Best Lawyers® and U.S. News & World Report, incorporate client and peer evaluations; to be eligible, firms must have at least one lawyer recognized in The […]
Read More
Internal Investigations Infographic
Conducting an effective internal investigation of HR claims is a detailed, methodical process. One of the most crucial steps: Understanding the investigator’s role as factfinder. Download our “Internal Investigations: Factfinding Missions” infographic from our online Resources page as a quick reference on the investigator’s primary duties and objectives. For more information, including training on how to prepare for […]
Read More
FLSA Basics Webinar, Nov. 17
The U.S. Department of Labor (USDOL) Wage & Hour Division (WHD) will offer an FLSA basics webinar, November 17, 6-7:30am HST. “Caring for Those Who Care: FLSA Requirements in the Care Industry” is a free webinar on minimum wage, overtime, and record-keeping requirements of the Fair Labor Standards Act as it relates to home care and […]
Read More
ELA Webinar: Defenses Available to Employers in OSHA Cases, Nov. 3
The Employment Law Alliance will present a webinar on “Defenses Available to Employers in OSHA Cases,” November 3, 8:30-9:30am HST, focusing on preparations employers should consider now in order to be in a position to assert those defenses when an OSHA (Occupational Safety and Health Administration) investigation of a workplace safety and health issue occurs. […]
Read More
Don’t Take Candy From Strangers, and Other Cybersecurity Hygiene Tips
October is Cybersecurity Awareness Month, a time for sobering tales (is it any coincidence it’s the same month as Halloween?). For quick reference, see ES&A’s infographic on Cybersecurity Hygiene, tips from ES&A Director Sam Sneed on how to keep it clean. If you have questions about your company’s technology policies and cybersecurity incident response planning, please […]
Read More
EEOC Releases Updated Workplace Discrimination Poster
The Equal Employment Opportunity Commission (EEOC) has released an updated workplace discrimination poster (with revision date of 10/20/22). The “Know Your Rights: Workplace Discrimination Is Illegal” poster (which replaces the “EEOC Is the Law” poster) is available to download from the EEOC site. The law requires an employer to post a notice describing the Federal laws prohibiting job […]
Read More
Current Form I-9 Compliance Flexibility Extended
The U.S. Department of Homeland Security (DHS) has extended the current Form I-9 compliance flexibility through July 31, 2023, due to continued safety precautions related to COVID-19. This extension will continue to apply the guidance previously issued (first announced in March 2020, updated in March 2021, and extended through Oct. 31, 2022). Employees hired on […]
Read More
DHS Directs Employers to Use Current Form I-9 Beyond Oct. 31
The U.S. Department of Homeland Security (DHS) has directed employers to continue to use current Form I-9 (Employment Eligibility Verification) after its expiration date of Oct. 31, 2022, until further notice. DHS will publish a Federal Register notice to announce the new version of the form once it becomes available. See the official notice here.
Read More
2023 HC-5 Employee Notification to Employer Available Online
The 2023 Form HC-5 (Employee Notification to Employer) is available online at the Hawaii Department of Labor and Industrial Relations (DLIR) website. Use this form if the employee works at least 20 hours per week and: Works for 2 or more employers, or Claims an exemption or waiver for health care coverage, or Terminates an exemption, […]
Read More
USDOL Publishes Proposed Rule on Independent Contractor Classification
The U.S. Department of Labor (USDOL) recently published a Notice of Proposed Rulemaking (NPRM) on Employee or Independent Contractor Classification Under the Fair Labor Standards Act which would: Restore multifactor analysis to determine whether a worker is an employee or an independent contractor under the FLSA Ensure that all factors are analyzed without assigning a predetermined weight […]
Read More
