Hawaii News & Analysis

  • Oregon issues temporary rules on wildfire smoke protection

    Following up on new excessive heat regulations, Oregon has issued temporary rules to protect employees from wildfire smoke. The rules have training and notification requirements and, notably, respirator specifications.

  • Washington issues emergency heat exposure rules to protect outdoor workers

    On July 9, 2021, in the wake of an extreme heat wave that resulted in record-high temperatures, Washington became the second state in the Pacific Northwest to announce emergency rules providing hot weather protection to outdoor workers. The rules came just one day after Oregon passed a similar measure.

  • Nevada employers must compensate employees who get COVID-19 shots

    The Nevada Legislature recently passed Senate Bill (SB) 209 requiring employers to give employees paid time off (PTO) to receive a COVID-19 vaccination. Here's how the new law works and what you will need to know.

  • Washington issues wildfire smoke emergency rule

    The Washington Department of Labor & Industries (L&I) filed a new emergency rule on July 16, 2021, providing increased protection to employees exposed to wildfire smoke. The rule took effect immediately, though enforcement for various provisions is slightly delayed.

  • Oregon court clarifies when customer information is protectible trade secret

    While certain customer data can be protected as a trade secret, basic information such as customer identities and e-mail addresses, without more, doesn't rise to that level, the Oregon Court of Appeals recently ruled. Rather, the employer had to show the information derived economic value from not being generally known and was subject to reasonable efforts to maintain its secrecy.

  • New Washington law lets employees use property lien to secure unpaid wages

    Governor Jay Inslee recently signed the Washington Wage Recovery Act (WRA), allowing employees to place a lien on their employers' property to secure unpaid wages. You should become familiar with the new statute before it goes into effect on January 1, 2022.

  • Biden targets noncompetes in Executive Order promoting competition

    In a recent Executive Order (EO) on promoting competition in the American economy (https://bit.ly/3hMmWSJ), President Joe Biden encouraged the Federal Trade Commission (FTC) to ban or limit noncompete agreements. In doing so, he continues (and potentially accelerates) what to date has been a piecemeal effort conducted almost exclusively at the state level to limit and, in some cases, prohibit the use of noncompetes, particularly for low-wage workers.

  • Employers cautiously weigh whether to mandate vaccines

    To mandate or not to mandate COVID-19 vaccines—that's the pressing issue employers are confronting. Overall, many are still cautious about requiring the shots, and rightfully so.

  • Rocket propulsion manufacturer cannot limit employment opportunities to U.S. citizens

    A recent settlement between the U.S. Department of Justice (DOJ) and a rocket and missile propulsion manufacturer serves as a useful reminder of the scope and purpose of the Immigration and Nationality Act of 1965 (INA) and the authority of the department's Immigrant and Employee Rights (IER) section.

  • Tips to make sure disabilities don't derail diversity, inclusion efforts

    The numbers aren't surprising. Year after year, statistics from the U.S. Department of Labor (DOL) show the unemployment rate for people with disabilities to be dramatically higher than the rate for people without disabilities. Figures from June show the unemployment rate for people ages 16 to 64—the age group commonly considered to be the working-age population—was 11% for those with disabilities. That compares to 5.9% for people in the same age group who don't have disabilities. The 2020 unemployment rate was 13.3% for people ages 16 to 64 who have disabilities and 7.9% for people in the same age group without disabilities.