Hawaii's 2020 legislative session passes 4 laws affecting employers

When Hawaii's 2020 legislative session began in January, the focus was on increasing the state's minimum wage and employment benefits. The bills were tabled, however, after the COVID-19 crisis shut down all businesses. The legislature then relied on remote technology and hearings, which limited its activities. When the session ended in July, four bills affecting employers had passed and were signed by Governor David Ige.

Sexual harassment NDAs

The first new Hawaii law2020 ACT 17 House Bill (HB) 2054)—prevents employers from requiring employees to sign a nondisclosure agreement (NDA) in relation to a sexual harassment or sexual assault complaint.

Act 17 amended the state's Fair Employment Practices Law, Hawaii Revised Statutes (HRS) Chapter 378, to prohibit employers from requiring an employee to sign or be bound by an NDA or confidentiality agreement as part of a resolution of claims asserting or related to sexual harassment or sexual assault. The Act requires employers to maintain the confidentiality of the investigations by carving our exclusions for:

• Employees with HR functions who are expected to maintain the confidentiality of complaints and investigations;
• Employees/witnesses who are asked to maintain the confidentiality of ongoing HR probes; and
• Proceedings governed by HRS § 624-25.5 (proceedings and records of peer review committees and quality assurance committees).

The new law took effect September 15.

Criminal records discrimination