Posts Tagged ‘Employment’
December 15th, 2010 | 
Author: Hawaii Card Check Bill Passes: Bills’ Fate in Question as it is Transmitted to Governor Lingle
A bill which will allow unions to organize agricultural employers without a secret ballot election, HB 952 CD1, was passed on May 8, 2009, by the Hawaii Legislature. Governor Lingle will have until June 30, 2009 to issue a veto message.
If Governor Lingle vetoes the bill, the Hawaii Legislature can override the Governor’s veto by obtaining a 2/3 majority vote in both the House and Senate. Based on her previous history of vetoes, it is likely that Governor Lingle will veto the bill.
The “card check” bill amends the Hawaii Labor Relations Act to require an employer to recognize a union as the bargaining representative of its employees if it is presented with union authorization cards signed by a majority of employees in an appropriate bargaining unit.
The card check bill, if not vetoed by Governor Lingle, or vetoed but overridden by the legislature, would apply to agricultural employers and certain small businesses exempt from the coverage of the federal National Labor Relations Act and effective July 1, 2009.
The card check bill closely mirrors President Obama’s push for passage of the Employee Free Choice Act (“EFCA”). Like the recently passed Hawaii bill, generally, EFCA would require the National Relations Board (“NLRB”) to certify a labor union as the exclusive bargaining representative of employees through union authorization cards signed by employees, without the benefit of a government-supervised, secret-ballot election, as long as 50% plus one of an appropriate bargaining unit sign the cards. Critics contend that among other problems with EFCA, the card check system is prone to the use of intimidation and peer pressure by union organizers.
In addition to the potential of doing away with secret elections, HB 952 CD1 limits the card check provision to employers with annual gross revenues of million dollars or more, and provides that if an employer and union negotiating for an initial contract do not reach agreement within 110 days through bargaining or mediation, they shall be referred to an arbitration panel, which will establish the terms of the parties’ collective bargaining agreement for a period of up to two years. Finally, the bill includes new penalties of up to ,000 for unfair labor practices.
A copy of the final bill transmitted to Governor Lingle can be accessed here: http://www.capitol.hawaii.gov/session2009/bills/HB952_CD1_.htm
Roman Amaguin, Esq; http://www.amaguinlaw.com; http://www.employmentlawyerhawaii.com
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Posted in Labor Law | 
Tags: Bill, Card, Check, Employment, Fate, Governor, HAWAII, Labor, Lingle, PassesBills, Question, Transmitted, Update | 
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There are laws related to every aspect of employment including job advertisements, recruiting, testing, hiring, firing, pay, classification, job assignments, promotions, discipline, layoff, training, disability leave, fringe benefits, retirement plans, and any other term or condition of employment. Arguably, the most important laws are those protecting applicants and employees against unfair treatment.
Federal Laws
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal discrimination laws. The Commission also provides oversight and coordination of federal equal opportunity regulations, practices, and policies.
Under federal Equal Employment Opportunity (EEO) laws it is illegal to discriminate against a job applicant or employee because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. In addition, EEO laws prohibit employers from using neutral policies and practices that have a disproportionately negative effect on applicants or employees of those protected classes if those policies or practices are not job-related or reasonable to the operation of the business.
The following are considered to be the most significant “landmarks” of federal discrimination laws.
Title VII of the Civil Rights Act of 1964 (Title VII), as amended by the Equal Employment Opportunity Act of 1972 and the Pregnancy Disability Act of 1978.
Equal Pay Act of 1963 (EPA), as amended
Age Discrimination in Employment Act of 1967 (ADEA), as amended
Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA)
Sections 501 and 505 of the Rehabilitation Act of 1973
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
Civil Rights Act of 1991
These laws offer protection from discrimination based on:
Race, Color, Religion, Sex, National Origin
Title VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose undue hardship. There are laws related to every aspect of employment including job advertisements, recruiting, testing, hiring, firing, pay, classification, job assignments, promotions, discipline, layoff, training, disability leave, fringe benefits, retirement plans, and any other term or condition of employment. Arguably, the most important laws are those protecting applicants and employees against unfair treatment.
Federal Laws
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal discrimination laws. The Commission also provides oversight and coordination of federal equal opportunity regulations, practices, and policies.
Under federal Equal Employment Opportunity (EEO) laws it is illegal to discriminate against a job applicant or employee because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. In addition, EEO laws prohibit employers from using neutral policies and practices that have a disproportionately negative effect on applicants or employees of those protected classes if those policies or practices are not job-related or reasonable to the operation of the business.
The following are considered to be the most significant “landmarks” of federal discrimination laws.
Title VII of the Civil Rights Act of 1964 (Title VII), as amended by the Equal Employment Opportunity Act of 1972 and the Pregnancy Disability Act of 1978.
Equal Pay Act of 1963 (EPA), as amended
Age Discrimination in Employment Act of 1967 (ADEA), as amended
Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA)
Sections 501 and 505 of the Rehabilitation Act of 1973
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
Civil Rights Act of 1991
These laws offer protection from discrimination based on:
Race, Color, Religion, Sex, National Origin
Title VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose undue hardship. There are laws related to every aspect of employment including job advertisements, recruiting, testing, hiring, firing, pay, classification, job assignments, promotions, discipline, layoff, training, disability leave, fringe benefits, retirement plans, and any other term or condition of employment. Arguably, the most important laws are those protecting applicants and employees against unfair treatment.
Federal Laws
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal discrimination laws. The Commission also provides oversight and coordination of federal equal opportunity regulations, practices, and policies.
Under federal Equal Employment Opportunity (EEO) laws it is illegal to discriminate against a job applicant or employee because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. In addition, EEO laws prohibit employers from using neutral policies and practices that have a disproportionately negative effect on applicants or employees of those protected classes if those policies or practices are not job-related or reasonable to the operation of the business.
The following are considered to be the most significant “landmarks” of federal discrimination laws.
Title VII of the Civil Rights Act of 1964 (Title VII), as amended by the Equal Employment Opportunity Act of 1972 and the Pregnancy Disability Act of 1978.
Equal Pay Act of 1963 (EPA), as amended
Age Discrimination in Employment Act of 1967 (ADEA), as amended
Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA)
Sections 501 and 505 of the Rehabilitation Act of 1973
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
Civil Rights Act of 1991
These laws offer protection from discrimination based on:
Race, Color, Religion, Sex, National Origin
Title VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose undue hardship. There are laws related to every aspect of employment including job advertisements, recruiting, testing, hiring, firing, pay, classification, job assignments, promotions, discipline, layoff, training, disability leave, fringe benefits, retirement plans, and any other term or condition of employment. Arguably, the most important laws are those protecting applicants and employees against unfair treatment.
Federal Laws
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal discrimination laws. The Commission also provides oversight and coordination of federal equal opportunity regulations, practices, and policies.
Under federal Equal Employment Opportunity (EEO) laws it is illegal to discriminate against a job applicant or employee because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. In addition, EEO laws prohibit employers from using neutral policies and practices that have a disproportionately negative effect on applicants or employees of those protected classes if those policies or practices are not job-related or reasonable to the operation of the business.
The following are considered to be the most significant “landmarks” of federal discrimination laws.
Title VII of the Civil Rights Act of 1964 (Title VII), as amended by the Equal Employment Opportunity Act of 1972 and the Pregnancy Disability Act of 1978.
Equal Pay Act of 1963 (EPA), as amended
Age Discrimination in Employment Act of 1967 (ADEA), as amended
Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA)
Sections 501 and 505 of the Rehabilitation Act of 1973
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
Civil Rights Act of 1991
These laws offer protection from discrimination based on:
Race, Color, Religion, Sex, National Origin
Title VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose undue hardship.
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