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PAID VOTING LEAVE REQUIREMENTS UNDER HAWAII LAW

September 2006

Hawaii's primary election will be held on Saturday, September 23rd, and the general election on Tuesday, November 7th.  Hawaii employers may be required to provide paid voting leave to employees.  If an employee's normal work schedule does not allow for at least 2 consecutive off-work hours between the 7:00 am opening and 6:00 pm closing of the polls, the employer must provide up to 2 hours of paid leave to voting employees.  Lunch and rest breaks may not be included in providing the 2 consecutive hours.  Only employees eligible and registered to vote qualify for this leave.  A voter's receipt may be required as proof of voting.

For example, if an employee's normal work schedule is from 8:00 am to 5:00 pm on election day, the employer is required to provide 1 hour of paid voting leave either at the start or end of the employee's work day.  The employer may require proof of voting to ensure eligibility for the paid leave.  However, if an employee's normal work schedule is from 7:00 am to 4:00 pm on election day, no paid voting leave is necessary because the employee has 2 consecutive hours after-work during which he/she can vote.  For further information, please refer to Chapter 27 of the Chamber Desk Manual or contact your TK attorney at 808-523-6000.

 

      

About the Authors                                                Download Authors

 

 

 

NEWTON J. CHU is the resident director in the firm's Hilo office and practices in the areas of labor and  employment, immigration, and general corporate law matters.  Mr. Chu received his B.A. degree from the University of Hawaii, and his J.D. degree from Antioch School of Law.  At the University of Hawaii, Mr. Chu earned the Lee-shao Chang Award for Excellence in Chinese Studies.  Prior to joining the firm in 1995, Mr. Chu was a partner with Eng, Nishimura & Chu in Los Angeles, California.  Mr. Chu advises numerous companies throughout the state of Hawaii, both large and small, several non-profit corporations and scientific institutions, and he is active in the community.  He currently serves on the boards of directors of the Boys & Girls Club of the Big Island, The Hawaii Island United Way, and the Hawaii Island Chamber of Commerce (Past President 2000-01).  He is also a member of the Kona Kohala Chamber of Commerce, the Society of Human Resource Management, the Japanese Chamber of Commerce and Industry of Hawaii,  and the Rotary Club of Hilo (Past President 2002-03).   Mr. Chu is a member of both the California and Hawaii Bar. 

 

ROGER W. FONSECA is a director of the firm, where he practices in the areas of corporate law, business organization, ERISA and employee benefits.  Mr. Fonseca received his B.A., summa cum laude, in Political Science from Occidental College and his J.D. degree from Yale University and has practiced with the firm since 1974.  He has taught and lectured extensively in the pension field both in Hawaii and on the mainland.

  TAMARA M. GERRARD is a director with the firm, where she practices in the area of general civil litigation and Labor and Employment Law.  Ms. Gerrard received her B.A. degree, with distinction, in Economics from the University of California at Berkeley and received her J.D. degree, magna cum laude, from the University of California, Hastings College of Law in 1992 where she was a member of the Hastings Law Journal and the Thurston Honor Society, and was elected to the Order of the Coif.  Ms. Gerrard is admitted to practice law in both Hawaii and California
 

JEFFREY S. HARRIS is a director and current Chair of the Labor and Employment Law Department.  His practice concentrates in the area of wrongful discharge, harassment, retaliation, discrimination, wages and hours, employee benefits, safety and health, union organizing, unfair labor practices, collective bargaining, arbitration and all other areas of labor and employment law.  Mr. Harris has been with the firm since 1980.  He received his law degree from the University of Michigan Law School and graduated from the University of California at Berkeley.   Mr. Harris has been selected by Best Lawyers in America.  He has been named as one of Hawaii's "A+ Lawyers" by Honolulu Magazine.  He regularly contributes to the “Law Watch” column published in Hawaii Business Magazine.

 

 

ROBERT S. KATZ is a director with the firm.  An experienced trial attorney, his practice is concentrated in the area of complex business and real estate transactions, employment and labor law, healthcare law, and complex business litigation.  He also serves as an arbitrator in complex business transactional disputes.  Mr. Katz has practiced with the firm since 1968 and has been consistently recognized as one of Hawaiÿi's preeminent lawyers.  In 1999 he became the first and is currently the only lawyer from Hawaiÿi elected as a fellow of The College of Labor and Employment Lawyers.  Mr. Katz has also been consistently selected by The Best Lawyers in America, Chambers USA America's Leading Lawyers for Business, and honored by Who's Who in America.  He was recently named as one of Hawaiÿi's "A+ Lawyers" by Honolulu Magazine.  Mr. Katz received his B.A. degree in History from Rutgers University and his J.D. degree, cum laude, from the University of Michigan Law School.  Mr. Katz is admitted to the bar of the U.S. Court of Appeals, Ninth Circuit, and the U.S. Supreme Court.  Mr. Katz is active in many community projects, and currently serves as a trustee of the Blood Bank of Hawaiÿi.  He also served several years as co-chair of the American Bar Association's Employment Law Section on Antitrust and Labor Relations Law.
ELLEN NOMURA KAWASHIMA is a director and she practices in the area of qualified retirement plans, ERISA and employee benefits, and corporate law.  Ms. Kawashima received her B.S. degree in Mathematics-Applied Science in Physics from the University of California at Los Angeles and her J.D. degree from the Georgetown University Law Center.  She was a member of the American Inns of Court and a teaching assistant in Legal Research and Writing during law school.  Ms. Kawashima is currently serving as the Treasurer of the Tax Law Section of the Hawaiÿi State Bar Association.
JOHN L. KNOREK is a director with the firm and is the past chair of the labor and employment law department.  He provides counsel and representation to large and small employers before government agencies and in court, as well as in collective bargaining negotiations, mediation and arbitration.  He provides training to businesses on employment discrimination and preventative personnel practices, including family leave, disability law, sexual harassment and affirmative action compliance.  He has practiced with the firm since 1981.  Mr. Knorek received his B.A. and Masters degrees from the University of Cincinnati, and his J.D. degree from Georgetown University.  He is currently a director of Hospice Hawaii, Mid Pacific Country Club, and the Society for Human Resource Management, and is on the Executive Committee of the Castle Hospital Chip In For Castle Charity Golf Tournament.  He also guest lectures at the University Hawaii, William S.  Richardson School of Law and the UH Business School.

SHERI-ANN S.L. LAU CLARK joined the firm as an associate in the Labor and Employment Department in 2001.  She received her B.B.A. in Human Resource Management from the University of Hawaii at Manoa and later received her J.D. degree, magna cum laude, from the William S. Richardson School of Law.  During law school, she was the managing editor of the University of Hawaii Law Review and was awarded the CALI Excellence for the Future Award for both Constitutional Law I and Evidence.

ERNEST C. "CARY" MOORE III is a director with the firm, where he has practiced in the area of employment law and labor relations since 1974.  He represents management in all employment and labor law matters, including alternative dispute resolution, discipline and discharge policies, and avoiding discrimination and sexual harassment claims.  Mr. Moore received his A.B. degree in Government from Dartmouth College and his J.D. degree from Southern Methodist University Law School.  He is listed in the current edition of The Best Lawyers in America, and was recently named one of the State's "A+ Lawyers," a list of 70 outstanding attorneys compiled by Honolulu Magazine. Mr. Moore has presented numerous seminars on all aspects of employment and labor law to a wide variety of community groups.  Mr. Moore is a trustee of La Pietra - Hawaiÿi School for Girls and the Outrigger Duke Kahanamoku Foundation, and a member of the Board of Directors for the Industrial Relations Research Association and the Pacific Club.

 

  RICHARD M. RAND is a director of the firm and has chaired the firm's labor and employment law department.  He has extensive experience in trial and appellate work and preventative advice on state and federal employment law issues.  Mr. Rand received his B.A. degree in English from the University of Pennsylvania, and his J.D. degree from Georgetown University.  Mr. Rand does pro bono work for Hina Mauka, a substance abuse treatment center, and speaks before community and business groups on a wide range of subjects, including wrongful discharge, wage and hour issues, sexual harassment, and the Americans With Disabilities Act.
 

HEATHER M. RICKENBRODE joined the firm in 2004 and is an associate practicing in the Labor and Employment, Business Litigation, and Corporate departments.  Ms. Rickenbrode is a 2004 magna cum laude graduate of the Tulane University School of Law, where she was named to the Order of the Coif. She was a member of the Tulane Law Review Editorial Board and Senior Articles Editor, 2003-04. She received her undergraduate degree from New College of Florida, graduating in 1999 with a bachelor of environmental science.  Ms. Rickenbrode is the author of "Expanding the Docket: the Fifth Circuit Disregards Judicial Economy in Grant v. Chevron Phillips Chemical Company," which appeared in the Tulane Law Review, Spring 2003 (77 Tul. L. Rev. 1453).

PAUL M. SAITO is a director and shareholder with the firm, where he practices extensively in the areas of employee relations, union matters, discrimination, wage and hour, workplace violence, wrongful termination and employment-related torts, as well as general labor areas.  He received his Bachelors of Business Administration degree from the University of Hawaii at Manoa, and his J.D. from the University of California, Hastings College of Law.  Mr. Saito speaks extensively on employment law issues for the Chamber of Commerce, Lorman Educational Services, the National Business Institute, and the Governor’s Pacific Rim Safety and Health Conference.  Mr. Saito currently represents employers on the States’ Criminal History Record Checks Working Group, serves  as the Chairman of the Human Resources Committee for the Chamber of Commerce of Hawaii, and is a member of the Chamber’s Government Affairs Council.  As Chair, Mr. Saito educates legislators of the potential impact of proposed laws, and monitors and opposes federal and state efforts to enact laws that could have a negative impact on Hawaii’s businesses.  In 2002 and 2003, Paul was honored by the Chamber with its Chairman's Award and President’s Award, respectively, in recognition of the countless hours he has devoted to representing businesses before the Hawaii Legislature.

 

WAYNE S. YOSHIGAI is a director with the firm, where he practices in the area of and has extensive experience in representing employers in administrative and judicial proceedings, including arbitration, and litigation in state and federal courts.   His practice concentrates in the area of harassment, discrimination, wrongful termination, retaliation, employee privacy, drug and alcohol testing, union organizing, unfair labor practices and all other areas of labor and employment law.   He has practiced with the firm since 1986.  Mr. Yoshigai received his B.A. degree, cum laude, in History and Literature from Claremont McKenna College and his J.D. degree from George Washington University.  He is known for his unique and effective training for management and employees on sexual harassment, sexual misconduct, workplace violence and substance abuse.  Mr. Yoshigai provides pro bono counsel to the Episcopal Church in Hawaii, Ronald McDonald House, the Honolulu Symphony, and the Chamber of Commerce of Hawaii.   He also served on the Hawaii State Council of the Society for Human Resource Management.