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Roman Amaguin, Esq. is a Hawaii attorney. He has successfully practiced law in Hawaii since 1995 and specializes in employment law, labor law, and civil litigation.
Mr. Amaguin regularly appears before all federal and state courts in Hawaii, as well as state and federal administrative agencies such as the U.S. EEOC and Hawaii Civil Rights Commission. Mr. Amaguin litigates a wide range of civil cases involving common law and statutory claims. He litigates claims involving torts, right to privacy, sexual and other forms of harassment, wrongful termination, discrimination and retaliation. He regularly provides counsel on Title VII, the Hawaii Employment Practices Act, FLSA, HIPAA, FMLA, ADA, ADEA, COBRA, non-competition agreements, contracts, workplace investigations, civil rights, whistleblower, drug-testing, and all other statutes that apply to Hawaii employers. Sort By: Date | Popularity
 Hawaii Employment Law Basics: Statutory Leaves of AbsencesEmployment policies may provide for many different leaves of absence. Except for leave to vote, no Hawaii law requires paid leave for any leave of absence. Here is a brief summary of statutorily-protected leaves of absence in Hawaii. Hawaii Employment Law Basics: Medical Examinations and Disability LawHawaii’s Employment Practices law and the Americans with Disabilities Act prohibit employers from discriminating against employees and applicants who have disabilities. Physical examinations cannot be administered or used in a way that disproportionately screens out disabled individuals. Medical examinations of job applicants cannot be required until after a conditional offer of employment is made; examinations of current employees must be job related and consistent with business necessity. Federal Computer Fraud and Abuse Act Remedies Potentially Available to Hawaii Employers for Deleted FilesHawaii employers could have a federal civil remedy available in federal court in addition to the ability to invoke Hawaii criminal statutory law for damages caused to either its network or company-owned computers by former employees Jail Term for Employee Underscores Importance of Hawaii Employers Complying with HIPAAGiven the security breach that led to the tragic events, including the one-year jail term for the defendant, Hawaii employers, health care providers and health plans should review their privacy and HIPAA policies and conduct an audit of their practices in order to protect against the improper use and disclosure of private health information and to reduce the risk of privacy breaches in their own organization. Hawaii Employment Law Basics: Protections of Victims Leave Act Triggered More Often in a Tough EconomyIt is hard to argue with studies concluding that there is a correlation between the increase in domestic violence being reported and the weak economy. It is critical under these circumstances that Hawaii employers understand that the Hawaii Victims Leave Act requires all Hawaii employers to provide eligible employees with at least 5 days of unpaid victims leave. All employees who have worked for at least 6 consecutive months for the employer are eligible for victims leave. National Origin Discrimination, Labor Law, and Employment Law in Hawaii: Employers Increasingly Facing Litigation over English-Only RulesGiven the amount of attention given to immigration issues on a national scale, the significant increase in national origin claims being filed with the EEOC in the last few years is no surprise. Many of these claims arise from employers promulgating English-Only policies. In the EEOC’s view only the most limited policies do not violate Title VII. Hawaii Labor Law and Employment Law Update: Hawaii Card Check Bill Passes--Bills’ Fate in Question as it is Transmitted to Governor LingleA bill which will allow unions to organize agricultural employers without a secret ballot election, HB 952 CD1, was passed on May 8, 2009, by the Hawaii Legislature. Governor Lingle will have until June 30, 2009 to issue a veto message. The card check bill closely mirrors President Obama’s Employee Free Choice Act. Generally, EFCA would require the National Relations Board to certify a labor union as the exclusive bargaining agent for an approprate unit under the 50% plus one employee rule Feds Taking Steps to Amend Federal Arbitration Act and Overturn Penn Plaza DecisionIf the Arbitration Fairness Act of 2009 (AFA) (S. 931) (H.R. 1020) passes it will overturn the controversial decision rendered in April 2009 by the U.S. Supreme Court in 14 Penn Plaza v. Pyett (“Penn Plaza”) and permit employees to pursue unlawful discrimination claims in a court of law instead of being forced to puruse relief in an arbitration under provisions of a collective bargaining agreement. Penn Plaza Decision Forcing Employees to Arbitrate Discrimination Claims May be Overturned by FedsIf the Arbitration Fairness Act of 2009 (AFA) (S. 931) (H.R. 1020) passes it will overturn the controversial decision rendered in April 2009 by the U.S. Supreme Court in 14 Penn Plaza v. Pyett (“Penn Plaza”).
For this and other legal updates, go to www.amaguinlaw.com LEDBETTER FAIR PAY ACT PRESENTS CHALLENGES TO HAWAII EMPLOYERSThe Ledbetter Fair Pay Act and a recent federal court decision should alert Hawaii employers of the potential open-ended risks of compensation-related lawsuits. To reduce potential liability, Hawaii employers should take a more proactive approach on their compensation reviews and policies, including regularly reviewing pay-related records, and making more careful and deliberate starting pay and step-increase decisions.
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