By David Banks

Hawaii’s Act 206, which provides employment protections for victims of domestic and sexual violence, becomes effective January 1, 2012. Hawaii is one of only five states to enact a law protecting victims of domestic and sexual violence. Among other things, the Act:

• prohibits discrimination on the basis of domestic or sexual violence victim status under H.R.S. Section 378-2;
• requires employers to make reasonable accommodations for employees who are victims of domestic or sexual violence under H.R.S. Chapter 378, part VI; and
• provides that an employer won’t be required to make the reasonable accommodation of providing flexible hours if doing so causes an undue hardship to business operations.

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by David Banks, Cades Schutte LLP

In Hawaii, Democrats swept their three congressional races while also returning a Democrat to the gubernatorial seat. Neil Abercrombie, the 10-term U.S. representative for the state’s First Congressional District, replaced two-term Republican Governor Linda Lingle.

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The Air Line Pilots Association International (ALPA) and Hawaiian Airlines have been negotiating toward a new pilots’ contract for approximately two years. Recently, ALPA has engaged in an extensive media campaign alleging that Hawaiian Airlines hasn’t made up for past wage cuts during the period the company was in bankruptcy several years ago.

Contrary to ALPA’s rhetoric in the media and to the rest of the airline industry, Hawaiian pilots didn’t take wage cuts in 2003 or when the airline was in bankruptcy in 2005. According to a company spokesperson, the pilots didn’t lose their pension benefits, either: Senior pilots retained full pension benefits while junior ones kept past accruals and now participate in the richest defined contribution plan in the airline industry.

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