HR Administration Series
The Hawaii Employers Council is proud to present the 2013 HR Administration Series, a program
specifically designed for HR practitioners and Operations Managers whose job duties involve dealing
with employer-employee relations on a regular basis.
As most HR practitioners are aware, today’s employment laws are more convoluted and complicated
than ever before. Therefore, even simple missteps can result in a complaint being filed, or an audit
being conducted, against your company.
This 6-part series covers five major areas of employment law that every HR practitioner should know,
and culminates with a session on how to prepare for and respond to a complaint filed with the
EEOC/HCRC, or an investigation being conducted by the Department of Labor (“DOL”).
The topics in this program are as follows:

The Do’s and Dont's of Hiring

Classifying Independent Contractors and Other Non-Employees

Creating a Drug-Free Workplace

Understanding FLSA Exemptions

Managing Employee Leaves and Requests for Reasonable Accommodations

Responding to EEOC/HCRC Charges and DOL Investigations
Starting May 2nd
Limited Enrollment – Register Now!
http://www.hecouncil.org
Hawaii Employers Council ~ 2682 Waiwai Loop ~ Honolulu HI 96819
Phone: 836-1511
2013 HR Administration Series
May 2, 2013
8:30 to Noon
The Employment Process: The Legal Aspects of Hiring
 Barbara Petrus, Partner with Goodsill Anderson Quinn & Stifel
Selecting the right person, while navigating the related employment law
requirements is never easy. In the long run, it seldom works out for the
company when hiring someone without conducting a reference check,
background review, or validating the information presented during the
interview or on the application form. An effective and efficient hiring process
not only helps avoid some of the legal pitfalls but it also helps ensure the hiring
of a better qualified employee.
In this workshop, you will learn about:
 Pre-Employment Inquiries
 Using the Internet
 Applicant Screening, Testing, and Selection
 Background Checks for Employees
 Form I-9 and E-Verify
 Compensation Decisions
About Our Speaker
Barbara Petrus has extensive experience in the practice of labor and
employment law in Hawaii since 1982. She regularly advises and defends a
wide range of employers from sole proprietorships and non-profit
organizations to large Hawaii and international corporations.
Ms. Petrus also represents and advises educational institutions in many issues
regarding their students, including accommodations under the Americans with
Disabilities Act, professional misconduct, and campus security requirements.
Ms. Petrus is a graduate from Albany Law School. She is a past chair of the
Section on Labor and Employment Law, Hawaii State Bar Association. Ms.
Petrus joined the firm as a partner in 1989.
2013 HR Administration Series
May 9, 2013
9:00 to 11:45
What Employers Need to Know about Independent Contractors and other NonEmployees
 Min Kirk, Assistant District Director, U.S. Department of Labor, Wage &
Hour Division
 Herbert Lee, Community Outreach and Regional Planning Specialist, U.S.
Department of Labor, Wage & Hour Division, Honolulu District Office
 Nicole Higa and Junior Eder, Auditors, Hawaii Department of Labor &
Industrial Relations
Employers who hire independent contractors, volunteers, student interns, etc.
must make sure that they meet the criteria of a “non-employee” if the company
is not going to be applying coverage under the various state and federal
employment laws. This seminar looks at Hawaii’s “ABC test,” the auditing
process under our state’s Employment Security law, and penalties and
consequences of misclassifying a non-employee.
The program will also cover the employment relationship under the Fair Labor
Standards Act, how employers can and cannot use non-paid workers, the
common employer mistakes in using temporary hires and contract workers.
About our Speakers
During her 10 years with the Honolulu Wage & Hour office, Min Kirk has
conducted many complex investigations relating to the Government contract
Statutes, Fair Labor Standards Act, H Visa Programs, Family Medical Leave
Act, and the Migrant Seasonal Worker Protection Act. Ms. Kirk currently
supervises the Honolulu investigative staff. She continues to promote
compliance with the various labor statutes as well as meet with industry
representatives to assess their needs and provide educational assistance.
Herbert Lee joined the U.S. Department of Labor as a Wage & Hour investigator
in 2009, conducting compliance investigations under many federal regulations,
such as the Fair Labor Standards Act, Davis Bacon Act, Migrant Workers
Protection Act, Break Time for Nursing Mothers, and Family Medical Leave
Act. In 2012, Mr. Lee was selected as the Community Outreach and Resource
Planning Specialist, offering compliance information and education to various
advocacy and community groups as well as to business organizations and
employers.
Nicole Higa has been an auditor with the Hawaii Department of Labor
Unemployment Insurance Division for 4 years. Junior Eder has been an auditor
with the Hawaii Department of Labor Unemployment Insurance Division for 21
years.
2013 HR Administration Series
May 23, 2013
8:00 to Noon
Creating a Drug-Free Workplace
 Gary Shimabukuro, Laulima Hawaii
 Keith Kamita, Deputy Director for Law Enforcement, State of Hawaii
Department of Public Safety
This intense half-day Drug-Free Workplace Training & Education program
features two renown experts in the field, Gary Shimabukuro of Laulima Hawaii
and Keith Kamita, Deputy Director for Law Enforcement, Department of Public
Safety, State of Hawaii. Both speakers will focus on training managers and
supervisors to recognize drug problems and potential drug problems, and to
appropriately document to safeguard the company. This will especially be
helpful to those companies who currently have a “reasonable suspicion” drug
testing program. During the training session, participants will have an
opportunity to see first-hand illegal drugs such as marijuana, crystal meth and
cocaine.
About Our Speakers
Gary Shimabukuro is the owner and Certified Prevention Specialist for Laulima
Hawaii. Since 1978, he has been providing drug education for businesses,
schools, apprenticeship programs, labor organizations, management groups,
law enforcement agencies, military personnel and other organizations. Since
1988, his trainings have focused on creating a Drug-Free Workplace. Gary was
a clinical supervisor for a substance abuse treatment program and a former
certified trainer and “Trainer of Trainers” for the National Institute of Drug
Abuse (NIDA). His trainings are hard hitting, dynamic, motivating and show
the harsh reality that “Drugs Are Everyone’s Problem.”
Keith Kamita is the Deputy Director for Law Enforcement, Department of
Public Safety, State of Hawaii. Prior to his promotion to Deputy Director, Keith
was a Narcotics Agent for over 27 years, 18 of those years as the Chief of the
Narcotics Enforcement Division. The Narcotics Enforcement Division is
responsible for the administration of a statewide program of enforcement,
investigation, and the custodial care of Chapter 329, Hawaii Revised Statutes,
Uniformed Controlled Substance Act. As a Narcotic Agent, Keith arrested and
made referrals for prosecution of individuals in the State who illegally obtain,
traffic in, and abuse controlled substances and regulated chemicals, including
the seizure of any identifiable assets and property linked to illegal activity.
2013 HR Administration Series
June 20, 2013
9:00 to 11:30
What You need to Know about FLSA Exemptions
 Tamara Gerrard, Director, Torkildon Katz Moore Hetherington Harris
 Kendra Kawai, Associate, Torkildson Katz Moore Hetherington Harris
Exempt or non-exempt? That is the question! Wage and hour claims continue
to plague employers, who risk financial penalties due to misclassification
mistakes. Just this year, a fitness chain operating in Hawaii was required to
pay nearly $17.5 million to settle a nationwide collective action brought by a
group of managers misclassified as exempt and denied overtime, and nonexempt personal trainers who were required to work off the clock. Cases like
this serve as a reminder that employers are wise to periodically review whether
jobs are properly classified under the FLSA.
Please join attorneys Tamara Gerrard and Kendra Kawai as they give expert
advice on a variety of topics, including:

The difference between exempt and non-exempt status

The salary basis, including deductions from wages and “safe harbor”
requirements

Proper classification of employees under the administrative, executive,
professional, outside sales, computer, and other statutory exemptions
About our Speakers

How to handle the potential misclassification of workers

Record retention issues
Tamara Gerrard has been litigating cases in Hawaii for eighteen years, twelve
of which have been as a director in the employment law department at
Torkildson, Katz, Moore, Hetherington & Harris. During that time, Tamara has
appeared in both federal and state courts and before state agencies. Aside from
litigating cases, Tamara regularly counsels employers regarding compliance
with federal and state employment laws, including leave entitlement, wage and
hour issues, reasonable accommodation under disability law, and harassment
investigations.
Kendra Kawai is an experienced trial lawyer who joined the labor and
employment department of the firm in January 2007. Since then she regularly
defends small and large employers in discrimination, harassment and disability
cases at the administrative, state and federal levels. She also provides employers
with guidance on wage and hour compliance issues and evaluates and updates
employee handbooks.
2013 HR Administration Series
August 15, 2013
9:00 to 12:00
Managing Employee Leaves and Requests for Reasonable Accommodations

Ryan Sanada, Asst. General Counsel and Sr. HR Consultant, Hawaii
Employers Council

Mike Vasper, Sr. HR Consultant, Hawaii Employers Council
Oftentimes, employees take leave from work due to injury, sickness, disability,
need to care for a family member, or some other reason. As a result, HR
professionals are routinely faced with the difficult task of managing leave for
employees who cannot, should not, or simply will not go to work. For some
situations, managing leave is pretty straightforward. For many situations,
however, trying to navigate through the different leave laws that may be
applicable to the employee gets tricky, and HR professionals are left feeling like
they’re driving through a busy intersection in a foreign city, where many
different streets (or laws) overlap and/or intersect, and one wrong turn can have
disastrous consequences.
In this program, we will be provide our attendees with a GPS system for
employment leave laws, which will help you navigate your way through the
tricky four-way intersection of ADA Avenue, Workers’ Comp Way, Family
Leave Street, and the TDI Highway.
This program will cover the following:
About our Speakers

The various laws that apply to employee leave;

Practical guidance on how to comply with the different leave laws;

Common mistakes and how to avoided them; and

Dealing with difficult or challenging employee situations
Ryan Sanada is responsible for helping employers with employment law
compliance matters. He was previously with the law firm Imanaka Kudo &
Fujimoto, where he specialized in labor and employment law. He has also
served as a legal consultant to the House Labor Committee at the Hawaii
legislature. He received his BA from the University of Puget Sound and his JD,
cum laude, from the University of Hawaii, Richardson School of Law.
Mike Vasper, SPHR, joined HEC with over 20 years of Human Resources
experience in the healthcare, retail and staffing industries. He earned his BA in
Economics from the University of Hawaii at Manoa and holds a SPHR (Senior
Professional in Human Resources) certification.
2013 HR Administration Series
September 20, 2013
Defend Yourself: Strategies for Handling EEOC/HCRC Charges and DOL
9:00 to 12:00
Investigations
 Christopher S. Yeh, Partner, Marr Jones & Wang
In FY2012, the EEOC received 99,412 charges, and obtained $365.4M in relief for
claimants. Here in Hawaii, the HCRC accepted 558 complaints.
In February 2012, a DOL investigation of minimum wage, overtime, and recordkeeping violations recovered $526K in back wages for 2,000 cruise workers in
Hawaii.
Would you know what to do if the DOL or EEOC/HCRC came knocking on
your door? Be it discrimination, reasonable accommodation, or FLSA issues,
this class will cover helpful measures to protect the company when facing
EEOC/HCRC charges and DOL investigations, including:






About our Speaker
Notifying the insurance carrier, if any
Preserving evidence
Gathering and presenting information to best defend against the claim
Considering mediation
Participating in investigation interviews and conferences
Engaging in EEOC and HCRC Conciliation
Christopher S. Yeh practices in all aspects of labor and employment law, advises
companies on a wide range of employment matters, and has successfully
represented employers in proceedings before private arbitrators as well as the
state and federal courts in Hawaii, Hawaii Civil Rights Commission, Equal
Employment Opportunity Commission, National Labor Relations Board, and
Hawaii Department of Labor and Industrial Relations.
Mr. Yeh has taught at both Hawaii Pacific University and the University of
Hawaii William S. Richardson School of Law. He is a regular speaker at
employment law seminars on subjects such as sexual harassment,
discrimination, disability accommodation, and employee leave issues with an
emphasis on the Family Medical Leave Act and American with Disabilities Act.
Mr. Yeh joined MJW as an associate in December 1998 and became a partner in
2003. Prior to joining the firm, he specialized in labor and employment law at
the law firm of Goodsill Anderson Quinn & Stifel in Honolulu.
He is a graduate of Harvard University and Harvard Law School.
2013 HR Administration Series
Hawaii Employers Council – Kahili Meeting Room
Please use separate form for each person to be registered
Name: _____________________________________
Email: _______________________________________
Company: __________________________________
Title: ________________________________________
Address: ___________________________________________________________________________________
Street / P.O. Box
City
Telephone: _________________________________
State
Zip
Fax: _________________________________________
Special Arrangements Requests: (e.g. front seat, etc.) _____________________________________________
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(Registration will begin 15 minutes before start time.)
 The Employment Process: The Legal Aspects of Hiring
Thursday, May 2, 2013 – 8:30 a.m. to 12:00 p.m.
 What Employers Need to Know about Independent
Contractors and other Non-Employees
Thursday, May 9, 2013 – 9:00 a.m. to 11:45 a.m.
 Creating a Drug-Free Workplace
Thursday, May 23, 2013 – 8:00 a.m. to 12:00 p.m.
 What You need to Know about FLSA Exemptions
Thursday, June 20, 2013 – 9:00 a.m. to 11:30 a.m.
 Managing Employee Leaves and Requests for Reasonable
Accommodations
Thursday, August 15, 2013 – 9:00 a.m. to 12:00 p.m.
 Defend Yourself: Strategies for Handling EEO / HCRC
Charges and DOL Investigations
Friday, September 20, 2013 – 9:00 a.m. to 12:00 p.m.
Payment:
$ ________ Check payable to Hawaii Employers Council
$ ________ 2013-2014 Bonus Dollars – Code________________
Charge to
 Master Card
 American Express
Register for individual sessions or
for the entire series.
Cost per participant per session:
$ 75 – Members
$140 – Non-Members
Cancellations made 7 calendar
days prior to the event will be
fully refunded. A service charge
of $25 will be made for
cancellations made up to the day
before the event. While
substitutions are permitted, NO
cancellations, credits or refunds will
be made on the day of the event.
Mail form with payment to:
Vicky Tasaka-Loando
Hawaii Employers Council
P.O. Box 29699
Honolulu HI 96820
Fax: 833-6731
Telephone: 440-8888
 Visa
 Discover
Account Number _____________________ Exp Date ___________
3 Digit Security Code __________________
Name on the charge card ____________________________________
Cardholder Billing Address _________________________________
City _________________________________ Zip ________________
20130508