A lot of people ask me about why I charge a Consultation Fee of $300. Employment Law is different from other areas of the law. For example, with a traffic accident case, a lawsuit can be filed shortly after the accident. So a number of attorneys provide free consultations to individuals because a decision on filing a lawsuit can be made shortly after.

For people with Employment Law issues, the situation is a lot more complicated. Employment law requires employees and former employees to follow a “process” or protocol in order to address their issues. The purpose of meeting with me is to find out where you are in that required process and what options you may have.

The consultation fee is to make sure that only people who are serious about pursuing a path that may result in a lawsuit meet with me. The fee is also based on my years of training and experience to help guide you to the next steps. You are getting the benefit of my real world experience in employment law and other areas of the law. That is why a Consultation Fee is required.

Understanding the wage transparency law

On Behalf of | May 9, 2024 | Employment Law |

While there are many reasons for someone to look for a new job in Hawaii, the main reason most people seek employment is to make money. Wages and benefits are important factors when you are job seeking, which is why it’s important that you’re fully aware of both before accepting a job offer. Potential employees have the right to know exactly what they will be paid, and thanks to a law that went into effect at the beginning of this year, employers will now be held to a higher standard when it comes to transparency surrounding wages.  

Wage transparency 

Act 203, which defines when employers must include information about wages when advertising job openings, went into effect in January 2024. According to the act, employers must disclose the hourly rate or salary that can be expected by someone who fits the listed requirements for the job. Revealing this information may reduce the time job seekers spend on interviewing for jobs that don’t meet their pay criteria. This can also reduce time wasted by employers as they won’t have to interview prospective employees who won’t take the job because of the pay offered.  

The new regulations don’t apply to all employers or all types of job listings. Listings for positions that are internal transfers or promotions are exempt.  Listings for public positions where wages are subject to collective bargaining are also exempt from these regulations. If an employer has less than 50 employees, they aren’t required to include wage information in job listings.  

Other information for employees 

The Act also includes some revisions that pertain to employment discrimination related to pay. Employers in Hawaii are no longer permitted to use discriminatory pay practices. This means that pay cannot be determined based on an employee belonging to one of the listed protected categories. These categories include, among others, age, religion and disability.  

Employers may pay different wages to employees based on seniority, a merit system, a production-based system, a bona fide qualification or another legitimate factor not listed in the protected categories. As an employee, you have the right to fair wages based on your qualifications and experience. Under most circumstances, you also have the right to be aware of your potential pay during the job seeking process.  

Employment law violations 

Employers must follow employment regulations or risk facing legal action from employees. If you’re a Hawaii resident and you believe your rights have been violated while seeking employment or while on the job, you have the right to seek compensation based on your damages. There are legal options available to you if you wish to pursue a civil lawsuit against your employer.