Ted H.S. Hong Attorney at Law, LLLC

Are you being paid correctly for overtime and on-call hours in Hawaii?

2026-08-27T04:28:19Z

In Hawaii, where the cost of living is among the highest in the country, unpaid wages or miscalculated overtime can create real financial pressure for workers in Hilo and across the Big Island. Understanding state and federal wage rules is an important first step toward recognizing when something is wrong.

Overtime requirements under Hawaii law

Both the U.S. Department of Labor overtime rules and state law require employers to pay non-exempt employees overtime for hours worked beyond 40 in a single workweek. Overtime must be paid at 1.5 times the employee's regular rate of pay, which includes not just base wages but also non-discretionary bonuses, shift differentials, and commissions earned during that week.

What time must be paid

Employers sometimes fail to count all compensable time toward weekly totals. Under HRS Chapter 388, you must be paid for all time spent under your employer's control or required on company premises. Time that is commonly missed includes:

Pre-shift and post-shift tasks such as logging into systems, putting on required gear, or cleaning up after a shift
On-call time when restrictions on your personal freedom are significant enough that you cannot effectively use the time for your own purposes
Short rest breaks of 20 minutes or less, which must be counted as paid work time

Meal breaks of 30 minutes or more can be unpaid, but only if you are fully relieved of all duties.

Common violations to watch for

Practices that may violate Hawaii wage law include requiring employees to answer calls or emails off the clock, automatically deducting meal break time when the employee was actually working, and misclassifying workers as exempt contractors or managers to avoid paying overtime.

Protecting your wages

Keeping personal records of hours worked, pay stubs, and work-related messages supports any future wage claim. Under Hawaii law, employees who prevail in wage disputes may recover unpaid wages, liquidated damages, and attorney fees. If you believe your employer is not paying you correctly, an attorney in Hawaii can help you evaluate your situation and understand your options.

What evidence supports a wrongful termination claim?

2026-08-10T12:50:53Z

Losing your job can be especially difficult when you believe your employer fired you for an unlawful reason. In Hawaii, not every termination violates the law, but employees may have legal protections in certain circumstances. If you believe your employer wrongfully terminated you in Hilo, evidence can play a critical role in evaluating your claim.

What can make a termination unlawful?

An employer generally cannot fire an employee for a legally protected reason or in retaliation for certain protected conduct.

Potential issues may include termination based on protected characteristics, retaliation for reporting unlawful conduct or discrimination, or retaliation for exercising certain legal rights. The specific law that applies depends on the circumstances.

What evidence can help?

Evidence that supports a wrongful termination claim may include documents showing what happened before and after your termination. Consider preserving:

Emails and text messages with supervisors or human resources
Performance reviews and disciplinary records
Employee handbooks and workplace policies
Records of complaints or reports you made
Evidence showing how similarly situated employees were treated

Comments made by managers can also matter, particularly when they suggest a discriminatory or retaliatory motive.

Can performance records make a difference?

Employers may argue that an employee's performance or conduct justified termination. For that reason, documentation showing your employment history can become important.

Positive performance evaluations, awards, promotions or consistent feedback may help provide context if the employer later claims that poor performance caused the termination.

You should preserve relevant documents without taking confidential information that you are not legally entitled to possess.

What should you do after losing your job?

Write down what happened while the details remain fresh. Record important conversations, dates and events leading up to the termination. Avoid deleting potentially relevant communications.

Employment claims can also involve strict deadlines. Waiting too long may affect your ability to pursue certain remedies.

Understand your rights after termination

A difficult termination does not automatically establish a legal claim, but evidence can help reveal whether an employer's stated reason matches what actually happened.

If you believe you were wrongfully terminated in Hilo or elsewhere in Hawaii, an experienced employment law attorney can review the evidence, explain the laws that may apply and help you determine your legal options.

What documents do I actually need in my estate plan?

2026-07-31T05:08:11Z

Planning for the future means protecting what matters most. Many people wonder which legal documents belong in an estate plan. The answer depends on your specific situation, but certain core documents form the foundation of nearly every complete plan.

Key documents for basic protection

A will serves as the cornerstone of most estate plans. This document directs how your assets transfer after death and names guardians for minor children. Without a will, state inheritance laws decide asset distribution, which may not reflect your wishes. A durable power of attorney names someone to manage financial decisions if you become unable to act. This person can pay bills, manage investments, and handle property matters on your behalf. The durable designation means the document remains valid even if you become incapacitated, which is what makes it useful in a crisis.

Healthcare directives provide medical guidance

An advance healthcare directive shares your medical preferences when you cannot speak for yourself. This document typically includes a living will stating end-of-life treatment wishes and a healthcare power of attorney naming someone to make medical decisions on your behalf. These directives are legally binding for healthcare providers. Without them, family members may face difficult choices during already stressful times. Clear written instructions reduce conflict and help ensure your values guide your care.

Trust documents offer added control

Revocable living trusts offer flexibility and privacy benefits. Assets placed in a trust avoid the public probate process, which can save time and reduce costs for beneficiaries. The trust document outlines distribution terms and can protect assets for minor children or beneficiaries with special needs. Trusts also allow for more detailed control over how and when assets are distributed. You can set conditions for inheritance or stagger distributions over time. These tools are especially useful for blended families or anyone with a more complex financial picture.

Building a plan that fits your needs

The right mix of documents depends on your assets, family structure, and long-term goals. Consulting with an estate planning attorney helps you identify which documents provide the protection your specific situation requires.

Pregnancy isn’t required for pregnancy discrimination

2026-07-17T13:44:40Z

Pregnancy discrimination often happens to women when they are already pregnant. Their boss may deny them the ability to go to medical appointments, for instance, or make it difficult for them to take maternity leave. If a woman announces her pregnancy and then has her hours or pay cut, it could be a clear sign that she is being discriminated against compared to other employees. The potential for pregnancy, or the capacity to become pregnant, can also result in pregnancy discrimination. In a case like that, a woman does not actually have to become pregnant in order to be discriminated against.

2 potential examples

For instance, some employers may discriminate during the hiring process. Say that an employer has an unwritten policy under which they will not hire any women in their 20s or 30s, especially if they recently got married. The employer may simply be doing this to avoid hiring someone who may have a child in the future, even though they do not actually know if the woman plans to start a family or even has the ability to become pregnant. In other cases, this could happen after a woman is already employed. Perhaps she is single when she gets hired and has never expressed a desire to have children, but then she gets married and tells her boss about the relationship. If the boss is then concerned that she could become pregnant in the future and decides to fire her and replace her with another employee, that could be an example of discrimination. The critical thing is to remember that all employees should be treated fairly, regardless of their potential to become pregnant. If discrimination does occur, employees need to know what legal steps to take. Seeking personalized legal support is a good way to gain clarity in this regard.

Could you inherit a parent’s debts?

2026-06-30T08:37:46Z

When a parent passes away, you may already know that you are going to inherit assets. Perhaps you have talked with them about how they want to pass on financial assets or tangible assets. Maybe you have read the estate plan, so you are aware of the exact specifics and what they have decided to leave you. But at the same time, you know that your parent has some level of outstanding debt. Maybe they have credit cards that still need to be paid, or perhaps they have a car loan with an outstanding balance. Maybe they just need to pay off their property taxes or income taxes for the year. When you inherit the assets, are you also going to inherit those debts?

The estate still owes the debt

Typically, the answer is no. You do not inherit someone else's debt. If you cosigned on a loan with your parent, you would still be responsible for it. If you decide to keep an asset, like a vehicle that has an outstanding loan, you would have to take on that financial obligation to do so. But you are not going to simply inherit their credit card debt or other obligations that you did not agree to. Instead, the estate executor is tasked with paying off the debts on behalf of the estate. They can use your parent's own funds to pay back creditors, and they usually do this prior to distributing assets to beneficiaries. So you may inherit less than you expected, but you are not taking on a financial obligation. The probate process can be complex, and it is important to know what legal steps to take during estate administration.

Understanding pregnancy accommodation rights

2026-06-18T16:28:54Z

Pregnancy can bring about many life changes, both at home and in the workplace. One thing that should never be part of that experience is workplace discrimination. Employees should be able to focus on their health and growing families without worrying about unfair treatment on the job. Many employers recognize the importance of supporting pregnant workers and providing reasonable accommodations when needed. These adjustments can help employees continue performing their duties while protecting their well-being throughout pregnancy.

Common accommodations and signs of discrimination

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations that allow employees to perform their jobs safely and effectively during pregnancy. Depending on the circumstances, accommodations may include additional restroom breaks, access to water, modified work schedules, temporary lifting restrictions, more frequent rest periods or the ability to sit while working. Some employees may also need temporary job restructuring or time off to attend prenatal medical appointments. Employers should evaluate accommodation requests fairly and engage in a meaningful discussion about available options. Open communication often helps both employers and employees find practical solutions that meet workplace needs. Unfortunately, pregnancy discrimination can still occur. However, because pregnancy is a protected status in U.S. employment law, anti-discrimination laws prohibit unfairness on the basis of pregnancy. Employers cannot

Fire an employee based on their pregnancy
Deny reasonable accommodations
Reduce work hours without justification
Pass over a qualified employee for promotion because of their pregnancy
Intimidate or harass a worker due to pregnancy

Employees who experience these situations should document incidents, save relevant communications and review their company's policies regarding workplace accommodations and discrimination complaints. Pregnant employees have the right to seek fair treatment in the workplace. If you believe your rights have been violated or your accommodation requests have been unfairly denied, speaking with a legal professional can help you better understand your options and determine the most appropriate next steps for your situation.

“Captive audience” meetings and your rights in the workplace

2026-06-08T09:00:26Z

About a dozen states, including Hawaii, have enacted laws to prohibit employers from having “captive audience” meetings of a political nature. In other words, they can’t require employees to attend such meetings or events. These laws also prohibit employers from retaliating against employees who decline to participate in these meetings. These might be employee-only meetings. However, another example would be if a candidate for political office visited a workplace and gave a speech. We’ve all seen candidates talking with a group of workers behind them. Under the law, they must be there of their own free will. They should not be pressured or bribed and certainly cannot be required to attend or penalized in any way if they choose not to.

What does Hawaii law say?

Specifically, the law states that an employer shall not “discharge, discipline, or otherwise penalize or threaten any adverse employment action” against an employee who does not:

“Attend or participate in an employer-sponsored meeting, or any portion of a meeting, that communicates the opinion of the employer about political matters”
“Receive or listen to a communication from the employer that communicates the opinion of the employer about political matters”

The law notes that employers can “conduct meetings or…engage in communications involving political matters as long as attendance by the employees is wholly voluntary.” Smart employers generally discourage discussion of political matters, which can be deeply divide employees who otherwise work well together as a team. Some, unfortunately, have such strong opinions of their own that they seemingly believe it’s their obligation to try to bring others over to their side. If you’ve been required to attend a “captive audience” political event by your employer or been bombarded with political literature, you have a right to speak up and remind them of the law. If that hasn’t worked or you’ve suffered retaliation for respectfully asserting your rights, it may be wise to get legal guidance to determine how best to move forward.

Can employers refuse to pay workers a bonus after they quit?

2026-06-08T09:03:01Z

When employees leave their jobs, businesses must ensure they pay them for all time worked. Employees usually receive at least one paycheck after their job officially ends. In addition to paying the departing worker’s salary or hourly wages, employers may also need to compensate them for unused paid leave in some cases. Workers may have earned a bonus before they give their two weeks’ notice or during their final days on the job. Can employers decline to provide a promised bonus because a worker has left their job?

Many bonuses are considered wages

Employers have a legal obligation under the Fair Labor Standards Act (FLSA), a powerful nationwide law, to pay workers fairly based on both statutory requirements and employment contracts. Some bonuses are legally mandatory under the FLSA. When a worker's contract includes provisions for bonuses based on their job performance, the company's performance or how long they keep their job, if a bonus is part of an employer's contract with a worker or if they provided workers with written information about bonus opportunities to incentivize better job performance, the bonus promised is part of the workers' wages. It is a non-discretionary bonus that the company has a legal obligation to provide. Discretionary bonuses are different. If an employer occasionally offers a bonus around the winter holidays, for example, that bonus may be discretionary if it is not part of the worker’s employment contract. Companies can deny workers discretionary bonuses during or after their employment, but they have an obligation to keep their promises regarding discretionary bonuses. In cases where employers do not fulfill their financial promises, workers may have grounds to file wage and hour lawsuits. Permitting a skilled legal team to review employment contracts and communication with a potentially negligent company can help frustrated workers pursue the bonuses they’ve already earned.

If a loved one left multiple wills, which is valid?

2026-06-08T09:01:16Z

When a loved one who never wanted to talk about their eventual death – let alone any kind of estate planning – passes away, family members don’t often expect to find a will. Sometimes there is none. That’s when intestacy laws take over. Other times, they find multiple wills in various stages of completion or revision. Sometimes they’re handwritten. They might be printed, but with handwritten notations and crossed-out lines. They may or may not be dated. It can be a mess for surviving loved ones – especially if the various versions contradict one another. So if you’re in that position, where do you start? First, it’s important to make sure you locate and preserve all the wills (and any related documents). This could require accessing a safe deposit box or home safe, looking for evidence that they consulted an estate planning professional or talking with their friends or caregivers.

The probate court must decide

Don’t throw out a document just because it looks like it was later updated or doesn’t seem to reflect your loved one’s wishes. All wills and other estate plan documents must be submitted to the local probate court for review. A judge will review them and determine which (if any) the deceased intended to be their “last will and testament” and if it meets the criteria to be legally valid. Generally, the one with the most recent date is used as long as it’s valid and it doesn’t appear that the deceased intended a later document to replace it. When the court determines which will is valid and will be used to administer the estate, you and other relatives may have grounds to challenge it.

When can you challenge it?

Following are some reasons you may be able to challenge the validity of the will in court:

You believe your loved one lacked “testamentary capacity” because of cognitive decline or other medical issues.
You believe someone is guilty of “undue influence” on your loved one to include them as a beneficiary and/or administrator (like an executor or trustee).
You believe someone else wrote or amended the document without the deceased’s knowledge or full understanding.

Challenging a will is never pleasant. It often pits family members against each other or against previously trusted caregivers. That’s why it’s crucial to get experienced legal guidance as early as possible to help protect your loved one’s wishes and your own rights and interests.

Could microaggressions amount to discrimination?

2026-04-27T02:12:49Z

Small things can soon add up. Yet, because they are individually minor, people often dismiss them as insignificant. This is true for many things, including acts of discrimination at work. If your manager told you that they hated people of your skin color or race or if a colleague used a racial slur, most people would identify that as racial discrimination, even if not everyone called the perpetrator out over it. However, perpetrators of discrimination often opt for a lower-key approach. This might be to avoid getting in trouble, or it might just be that they have not fully computed that their comments or actions actually are discriminatory.

Microaggressions can take various forms

Here are some of the kinds of microaggressions you might encounter in your workplace:

The strange compliment: “Wow. Your written English is excellent.” Excellent for what, you might be thinking? Excellent for the average employee here or excellent for someone who looks like they might not have been born in this country?
The preemptive “defensive” action: You’ve noticed a particular colleague clearly does not trust people with your skin color. They’ve never said anything directly, but you’ve noticed how they moved their bag to the other shoulder when you got on the elevator with them.
The assumption that you’ll be better or worse at a particular thing: Your boss asked you to take charge of decorating the office for the last party. They said they thought you’d be good at it. As you have never exhibited a trace of artistic ability in your workplace before, you can only deduce that what they really mean is “You are a gay man, so you must be good at decorating things.”

Not all harm requires one big action. Often, the damage to a person’s morale and feeling of safety at work is chipped away little by little. You don’t have to put up with discrimination at work, so it’s important to understand your options, whether it’s a notable act or a series of microaggressions.