[PART V.] WHISTLEBLOWERS' PROTECTION ACT

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Revision Note

In this part, "part" substituted for "chapter" pursuant to §23G-15.

Law Journals and Reviews

Wrongful Termination Law in Hawaii. V HBJ, no. 13, at 71 (2001).

Employee Rights Under Judicial Scrutiny: Prevalent Policy Discourse and the Hawai`i Supreme Court. 14 UH L. Rev. 189 (1992).

Confidentiality Breeds Contempt: A First Amendment Challenge to Confidential Ethics Commission Proceedings of the City & County of Honolulu. 18 UH L. Rev. 797 (1996).

Case Notes

Respondent's claims for discharge in violation of public policy and in violation of the Hawaii Whistleblower [sic] Protection Act were not preempted by the Railway Labor Act. 512 U.S. 246 (1994).

Plaintiff's Hawaii Whistleblowers' Protection Act and Parnar v. Americana Hotels, Inc. claims were preempted by §1305(a)(1) of Airline Deregulation Act of 1978. 870 F. Supp. 295 (1994).

The Act does not provide employees with a protected property interest, as it does not create an enforceable expectation of continued public employment. 120 F. Supp. 2d 1244 (2000).

Plaintiff could not maintain the present action where plaintiff had agreed to "forever release, acquit, and discharge" the claims in the mutual release and settlement agreement in plaintiff's first action. 686 F. Supp. 2d 1079 (2010).

Portions of plaintiff's Whistleblowers' Protection Act claims based on the alleged sexual orientation statements and the complaint and investigation regarding plaintiff's alleged discrimination against two individuals were time-barred. 892 F. Supp. 2d 1245 (2012).

Protection afforded under this Act not restricted to at-will employees. 74 H. 235, 842 P.2d 634 (1992).

Where plaintiff was removed from project, State did not violate the Act or the First Amendment to the U.S. Constitution when it reassigned the project to someone else. 76 H. 332, 876 P.2d 1300 (1994).

Where union's retaliation claims provided a basis for both a prohibited practice claim and claims under the Hawaii Whistleblowers' Protection Act and article I, §4 of the Hawaii constitution, the intermediate court of appeals properly applied the doctrine of primary jurisdiction to the retaliation claims. 133 H. 188, 325 P.3d 600 (2014).

A. General Provisions

Note

Sections 378-61 to 378-69 designated as Subpart A by L 2011, c 166, §3.

§378-61 Definitions. As used in this part:

"Employee" means a person who performs a service for wages or other remuneration under a contract for hire, written or oral, express or implied. Employee includes a person employed by the State or a political subdivision of the State.

"Employer" means a person who has one or more employees. Employer includes an agent of an employer or of the State or a political subdivision of the State.

"Person" means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity.

"Public body" means:

(1)A state officer, employee, agency, department, division, bureau, board, commission, committee, council, authority, or other body in the executive branch of state government;

(2)An agency, board, commission, committee, council, member, or employee of the legislative branch of the state government;

(3)A county, city, intercounty, intercity, or regional governing body, a council, special district, or municipal corporation, or a board, department, commission, committee, council, agency, or any member or employee thereof;

(4)Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body;

(5)A law enforcement agency or any member or employee of a law enforcement agency; or

(6)The judiciary and any member or employee of the judiciary.

"Public employee" means any employee of the State or any county, or the political subdivision and agencies of the State or any county, any employee under contract with the State or any county, any civil service employee, any probationary or provisional employee of the State or county, and any employee of any general contractor or subcontractor undertaking the execution of a contract with a governmental contracting agency, as defined in section 104-1.

"Public employer" means the State and any county, the political subdivisions and agencies of the State and any county, and any general contractor or subcontractor undertaking the execution of a contract with a governmental contracting agency, as defined in section 104-1, and includes any agent thereof. [L 1987, c 267, pt of §1; am L 2011, c 166, §5]