What year did Hawaii stop using the long form birth certificate as the official certificate?

Hawaii officially uses the short form certificate but can anyone tell me how long that has been the case?

Kauai – Hawaii Photo Gallery

Kaua’i or Kauai,  known as Taua’i in the ancient Kauai dialect  is the oldest of the main Hawaiian Islands. With an area of 562.3 square miles (1,456.4 km ), it is the fourth largest of the main islands in the Hawaiian archipelago and the 21st largest island in the United States.  Known also as the “Garden Isle”, Kauai lies 105 miles (170 km) across the Kauai Channel, northwest of Oahu. This island is the site of  Waimea Canyon State Park.

Which Island of Hawaii is the best to visit?

My friends and I are planning a trip to Hawaii next year and i was wondering which island is best for us to party in! We’re all in our mid 20′s, and want the things to be planned easily.

In Hawaii 5-O Pilot show, what type of plane did he arrived to the island in?

The Hero has a military background and arrives to hawaii to a funeral. Arrives in a plane which i assume is a military plane. What is it? Looks cool. Thanks for any info.
Dennis F said its a C-17 Globemaster III. Appears to be a version of it, however photos in internet dont quite match. Anybody knows the specific version or year of its production? Thanks. The one in the show looked more boxy and powerfull

How To Save Money On Your Next Destination Hawaii Wedding

Are you in the process of planning a destination Hawaii wedding? If you are, you may be looking for ways to save money. With that being said, you still will want to have the wedding of your dreams. The good news is that there are a number of steps that you can take to have the perfect destination wedding in Hawaii, while saving money at the same time.

One of the best ways for you to save money on your upcoming Hawaii destination wedding is to make affordable travel arrangements. If you have yet to make your travel plans, you will want to keep affordability in mind. Vacation packages can be purchased that include airline reservations, as well as a car rental. Often times, you are rewarded with a small discount for doing so. Even if you are unable to make your travel plans in the form of a Hawaii vacation package, be sure to price compare and search for the best deals on airline reservations and car rentals.

In keeping with Hawaii vacation packages, many brides and grooms are curious about their overnight accommodations. Yes, it is possible to purchase Hawaii vacation packages that include overnight accommodations, but these accommodations are generally for hotels and vacation resorts only. Although these options are nice, there are a number of benefits to examining Hawaii vacation rentals. In fact, Hawaii vacation rentals are another one of the many ways that you can save money on your destination Hawaii wedding.

As you likely already know, Hawaii vacation rentals come in a number of different formats. For example, it is possible to book stays at vacation homes, vacation condos, vacation apartment rentals, vacation cottages, and vacation villas. When planning your next destination Hawaii wedding, you will want to examine vacation rentals that are large in size, like Hawaii vacation homes and Hawaii villas. These types of rentals can help you house guests, should you have any close friends or family members who will travel to Hawaii to attend your wedding. Just be sure to disclose rules or time frames so that you and your new spouse are able to enjoy a private honeymoon.

Speaking of your honeymoon, one of the many benefits to planning a destination wedding is the fact that you can have your wedding and honeymoon all at the same time. In fact, with a destination Hawaii wedding, the honeymoon begins as soon as you say “I do.” It is also important to focus on the saved money. By getting married and having your honeymoon in the same place, you are often able to save yourself a considerable amount of money, especially concerning travel fees.

Returning back to the wedding itself, it is also important to refocus on the ways that you can save money by booking a stay at a Hawaii vacation rental. Did you know that you do not have to get married in a church or in a formal banquet room? Many professional ministers and pastors will travel to you. By carefully choosing your Hawaii vacation rental, like a beachfront vacation home, you can have the perfect backdrop for a beautiful, picture perfect, and memorable wedding ceremony.

The right Hawaii vacation rental can also be used as your location for your wedding ceremony. Depending on the size of your wedding guest list, you can save yourself a considerable amount of money by having both your wedding reception and your wedding ceremony onsite at your vacation rental. As previously stated, your guest list will have an impact on your ability to do so, as well as the rental property you choose. If this is your intent, be sure to discuss this with the rental property owner first. Also, be sure there is enough room to accommodate all of your guests. This approach allows you to save money by eliminating the need for a rented space, such as a banquet room.

As highlighted above, there are a number of ways that you can go about saving money on your upcoming Hawaii destination wedding, especially with the use of a Hawaii vacation rental. However, even if you have already booked a stay at a vacation resort or hotel, you can still have an affordable, yet memorable wedding. The best way to do so is by comparing prices with decorations, foods, drinks, catering companies, and everything in between.

Bruddah IZ ~ Hawai’i ’78

Bruddah Iz ~ Israel Kamakawiwo’ole ~ Hawai’i ’78 “Don’t be overly concerned about the outward beauty that depends on jewelry, beautiful clothes, or hair arrangement. Be beautiful inside, in your hearts, with the lasting charm of a gentle and quiet spirit. ~ Ka Pôhaku

5 Things You Should Do on a Hawaii Vacation

Have you recently decided to vacation in Hawaii? If so, congratulations! You are well on your way to having a fun and exciting time. After all, there is a reason why Hawaii is known as one of the best vacation destinations in the world!

Although vacationing on a Hawaiian Island alone is enough to make your next vacation absolutely amazing, there are some additional steps that you may want to take. To maximize your next vacation and make it the best possible, please continue reading on for some helpful tips.

1 – Rent a Hawaii Vacation Rental

Yes, you can stay at one of the many available Hawaii hotels and resorts, but you may want to book a stay at a private Hawaii vacation rental. Why? There are a number of benefits to doing so. One of those benefits is privacy. With most vacation rentals, you and your traveling party are the only vacationers onsite. You also get many of the comforts of home, including a fully furnished kitchen where you are able to prepare your own meals!

What is nice about staying at a vacation rental, aside from the privacy is all of the choices that you have. Hawaiian vacation rentals are found on all of the popular islands and they come in a number of different formats. You can rent a Hawaii vacation home, cottage, villa, condo, or an apartment. With a number of great features, possibly including a dishwasher, washer, dryer, and a fully furnished kitchen, they are great for extended Hawaii vacations.

2 – Rent a Car

In addition to making reservations for a Hawaii vacation rental, you should also make reservations for a car rental. Yes, there is public transportation available in Hawaii, but there are a number of benefits to renting your own vehicle. These benefits include the freedom to come and go as you please, as well as privacy. You don’t have to worry about sharing a bus or a taxi with others.

Cars, as you know, come in a number of different makes and models. Whether you are traveling alone or with a large group, you should be able to find a rental car that is perfect for your needs. If you want to spend most of your trip to Hawaii out exploring and sightseeing, it may be in your best interest to rent a car that gets good gas mileage.

3 – Take a Hawaii Dinner Cruise

One of the reasons why Hawaii is a popular vacation destination is because of all of the activities you can enjoy. One activity that you will want to closely examine is that of a dinner cruise. Hawaii dinner cruises are popular and available on most of the Hawaiian Islands.

If you do decide to take a dinner cruise, examine those that can be considered multi-cruises. For example, can you sightsee or whale watch as well? Look for dinner cruises that advertise whale watching as an activity or choose a cruise that will take you to a beautiful destination, such as the Napali Coast on Kauai.

4 – Go Sightseeing

Whether you stay at a Hawaii vacation resort or a private vacation rental, you may find yourself not wanting to leave. With that said, Hawaii is a place that you should get out and explore. It doesn’t matter which Hawaiian island you choose to visit, there are a number of attractions that are commonly referred to as a sightseer’s dream.

On Big Island, you will find Mauna Kea, Waipio Valley, the Hawaii Volcanoes National Park. Kauai, as previously stated, is home to the Napali Coast, as well as the Waimea Canyon and the Wailua River. When vacationing on Kauai, you can visit Pearl Harbor, the Iolani Palace, and visit Waikiki Beach. Maui is home to the Ioa Valley, the scenic Hana Highway, and the Haleakala Crater. For a large number of attractions that are often referred to as hidden treasures, visit the less popular islands of Molokai and Lanai.

5 – Learn to Surf

Hawaii, especially the island of Oahu is known for its pristine surfing conditions. Don’t know how to surf? That is fine. In fact, there is no better time to learn. It is an adventure, which you will never forget.

Surfing North Shore Hawaii

Surf video of various North Shore surf spots on Oahu, Hawaii.

EMPLOYMENT LAW BASICS FOR HAWAII EMPLOYERS: ILLINOIS RULING HIGHLIGHTS THE IMPORTANCE OF POLICIES AND TRAINING TO HAWAII EMPLOYERS

EMPLOYMENT LAW BASICS FOR HAWAII EMPLOYERS:  ILLINOIS RULING HIGHLIGHTS THE IMPORTANCE OF POLICIES AND TRAINING TO HAWAII EMPLOYERS  

It is well established now under federal Title VII law that an employer is liable for actionable sexual harassment caused by a supervisor with “immediate (or successively higher) authority over the employee.”  However, in cases where the employee does not suffer a “tangible employment action,” such as discharge, demotion, or an unfavorable reassignment, there is an affirmative defense that an employer may raise to avoid Title VII liability and damages.  

Under such affirmative defense whether an employer has an anti-harassment policy is relevant evidence.  Also important is effective supervisory training and training of employees on the harassment policy and complaint procedure.

Training and educational programs for all employees take on an even higher degree of importance under Hawaii state law, HRS Chapter 378.  State law currently is interpreted by the Hawaii Civil Rights Commission (“HCRC”) as mandating strict liability for sexual harassment committed by supervisors. 

While the Hawaii Supreme Court has not addressed the HCRC’s interpretation of HRS Chapter 378 a recent Illinois Supreme Court decision upheld a Illinois Human Rights Commission ruling addressing a regulation similar to the HCRC’s–that an employer was strictly liable for a supervisor’s harassing conduct under Illinois state law even though the supervisor did not even have direct supervisory authority over the Complainant.

The April 16, 2009 Illinois decision will certainly be persuasive authority to a Hawaii Supreme Court faced with interpreting the HCRC’s regulation.  Accordingly, it is critical that Hawaii employers understand the importance of having an effective policy and company-wide training program on not only a defense to a sexual harassment claim, but prevention.

I.          The Importance of Having an Effective Harassment Policy

A.                The Faragher/Ellerth Defense

Having an effective sexual harassment policy and training program will greatly increase the chance of avoiding liability under the affirmative defense for sexual harassment claims recognized by the U.S. Supreme Court in Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (“Faragher”) and Burlington Industries v. Ellerth, 523 U.S. 742 (1998) (“Ellerth”). 

Where alleged harassment by a supervisor does not culminate in an adverse (“tangible”) employment decision, the employer may avoid liability by showing that: (1) the employer exercised reasonable care to prevent and promptly correct any harassing behavior; and (2) the plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer to avoid harm.  “A tangible employment action constitutes a significant change in employment status such as hiring, firing, failing to promote, reassignment with significantly different responsibilities or a decision causing a significant change in benefits.”  Ellerth, supra.

The importance of the Faragher/Ellerth defense was significantly increased by the U.S. Supreme Court’s decision in Pennsylvania State Police v. Suders, 542 U.S. 129 (2004), which held that the defense is available in constructive discharge cases unless the plaintiff quits in a reasonable response to an employer-sanctioned adverse action of an official nature, such as a demotion or a cut in pay.

A zero-tolerance harassment policy must fit the environment and employees.  The Ellerth court stated:

While proof that an employer had promulgated an antiharassment policy with complaint procedure is not necessary in every instance as a matter of law, the need for a stated policy suitable to the employment circumstances may appropriately be addressed in any case when litigating the first element of the defense.  The policy should be written in plain English, so that all employees regardless of their educational level or background can understand it … [a] policy should include a clear and precise definition of unlawful harassment so that employees know what type of conduct is prohibited by the policy and will be able to recognize that conduct should it occur.

Accordingly, if the alleged harasser has supervisory authority over the victim, the employer will be held automatically liable for any harassment committed by the supervisor unless the employer is able to successfully raise the affirmative defense. 

B.        Tips On Drafting a Zero-Tolerance Policy and Complaint Procedure. 

(1)               Write in simple English.

(2)               Include a clear definition and examples of prohibited conduct and make it broad enough to prohibit all forms of harassment.

(3)               State the company’s “zero-tolerance” philosophy in the policy regarding all forms of harassment,

(4)               Designate at least two specially trained managers who will be responsible for investigating harassment complaints for the company. 

(5)               Determine the complaint procedure that will be used to investigate complaints of harassment by supervisory employees, co-workers and outsiders. 

(6)               Provide a “clear chain of communication,” allowing employees to step outside of the normal hierarchy in the event the supervisor is the harasser and consider having a toll-free number employees can call.

(7)               State that employees who report prohibited conduct will be protected from retaliation.

(8)               State that the employer will promptly investigate the matter in an objective and discrete manner.

(9)               Provide the form of disciplinary action to which offenders can expect to be subjected.

(10)           State that the employer will also take remedial action.

(11)           Train your management employees and line employees on the policy and procedure. 

(12)           Have each employee sign an acknowledgment form that they have received a copy of the policy and procedure, and that they have received training on the harassment policy. 

C.        The Faragher/Ellerth Defense and Hawaii Law

Like Title VII, the Hawaii Employment Practices Act prohibits discriminating against individuals in virtually all aspects of employment.  However, it remains an open question whether an employer, under Hawaii state law, can assert the Faragher/Ellerth affirmative defense. 

Currently, under regulations promulgated by the HCRC, the state agency charged with the enforcing and interpreting Hawaii’s Employment Practices Act, strict liability would apply to a supervisor’s harassment of a subordinate regardless of whether tangible action is taken:

§12-46-109 Sexual harassment.

(a)        Harassment on the basis of sex is a violation of chapter 378, HRS. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or visual forms of harassment of a sexual nature constitute sexual harassment when:

(1)        Submission to that conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or

(2)        Submission to or rejection of that conduct by an individual is used as the basis for employment decisions affecting that individual; or

(3)        That conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

(b)        In determining whether alleged conduct constitutes sexual harassment, the commission will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis.

(c)        An employer shall be responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden, and regardless of whether the employer or other covered entity knew or should have known of their occurrence. The commission will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual acted in either a supervisory or agency capacity.

(d)       With respect to conduct between employees, an employer shall be responsible for acts of sexual harassment in the workplace where the employer or its agents or supervisory employees knows or should have known of the conduct and fails to take immediate and appropriate corrective action. An employee who has been sexually harassed on the job by a co-worker should inform the employer, its agent, or supervisory employee of the harassment; however, an employee’s failure to give such notice may not be an affirmative defense.

D.        Problem Areas for Employers

* Inadequate complaint procedure

* Failure to disseminate policy

* Employer on notice of harassment

 * Failure to promptly investigate

 * Failure to take appropriate disciplinary action

 * Failure to apply it even-handedly

 * Failure to review and revise when necessary

 * Failure to provide training

E.         Illinois Supreme Court Decision a Foreshadowing of Hawaii Law?

In Sangamon Cty Sheriff’s Dep’t v. The Illinois Human Rights Comm’n, Nos. 105517, 105518 cons. (Ill. Apr. 16, 2009), decided on April 16, 2009, the Illinois Supreme Court gave the HCRC direct support of the HCRC’s own interpretation of HRS Chapter 378.

The Sangamon decision holds Illinois employers strictly liable for sexual harassment by any of their management or supervisory personnel, and, as noted by the dissent, “imposes a standard of liability which appears to be without precedent in any jurisdiction of the United States.”

In that case employee Feleccia filed a sexual harassment claim against employer Sangamon County Sheriff’s Department and Ron Yanor, who was a supervisor, but was not Feleccia’s direct supervisor.  The Illinois Human Rights Commission ruled that the Sheriff’s Department was strictly liable for Yanor’s conduct under the Act because Yanor was a supervisor. The Illinois appellate court reversed, and Feleccia and the Commission appealed to the Illinois Supreme Court.

The Illinois Supreme Court reversed and confirmed the Commission’s decision. In a 4-2 ruling, the Illinois Supreme Court agreed that the Sheriff’s Department could be held strictly liable in such circumstances.  The basis of the decision was the plain and ordinary meaning of the statute, which states that “an employer shall be responsible for sexual harassment of the employer’s employees by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.”

According to the Court, the statute is unambiguous” and only excludes “nonemployees” and “nonmanagerial or nonsupervisory employees” from its strict liability standard.  As such, the Court found “[t]here is no language in the Act that limits the employer’s liability based on the harasser’s relationship to the victim.”  The Court rejected the employer’s argument that federal case law should apply to the case.

II.        The Importance of Conducting EEO Training

Of course, in Hawaii the HCRC has merely interpreted HRS Chapter 378’s statutory language to impose strict liability for supervisory harassment.  Unlike the Illinois statute interpreted by the Illinois Supreme Court it is reasonable to argue that Hawaii statutory law is ambiguous and not straightforward. 

Nevertheless, the HCRC is charged with the interpretation and enforcement of HRS Chapter 378 and it does not bode well for Hawaii employers that another state’s high court is willing to impose what some would consider harsh penalties on the employer defendant.  Accordingly, employers in Hawaii should redouble its efforts to train supervisors AND employees regularly on preventing discrimination and harassment in the workplace.  Training should include the consequences of violating company policy.

Training employees reduces the likelihood that inappropriate conduct will be engaged in or tolerated at a level that can create a hostile environment.  See Arquero v. Hilton Hawaiian Village, 104 Hawai’i 423, 91 P.3d 505 (2004) (coworker pinched buttocks of the plaintiff on two occasions); Nelson v. University of Hawai’i, 97 Hawai’i 376, 38 P.3d 95 (2001) (verbal harassment).

Second, in the event that inappropriate conduct takes place, employees who are offended will be substantially more likely to use the employer’s complaint procedure, thereby permitting the employer to remedy the situation and avoid having a lawsuit filed against it.

Lastly, training is a tool for prevention and reducing the potential of supervisory harassment.

A.        Training as a Tool for Prevention

The EEOC’s Policy Guidance on Sexual Harassment states:

An employer should ensure that its supervisors and managers understand their responsibilities under the organization’s anti-harassment policy and complaint procedure. Periodic training of those individuals can help achieve that result.  Such training should explain the types of conduct that violate the employer’s anti-harassment policy; the seriousness of the policy; the responsibilities of supervisors and managers when they learn of alleged harassment; and the prohibition against retaliation.

The HCRC regulations state that “prevention is the best tool for the elimination of sexual harassment.  Employers should affirmatively raise the subject, express strong disapproval, develop appropriate sanctions, inform employees of their right to raise and how to raise the issue of sexual harassment, and take any other steps necessary to prevent sexual harassment from occurring.”  §12-46-109(g).

As part of its settlements against employers, the EEOC and HCRC have chosen mandatory training as one of its primary responses through the use of consent decrees requiring organizations to conduct training and ensure policy compliance.

In 2004, the California Legislature passed Assembly Bill 1825, requiring all employers with fifty or more employees to conduct compulsory sexual harassment training for all of its supervisory employees by January of 2006, thus supporting the EEOC and HCRC’s position that training and education is the best tool for prevention.  Under the California law, the training must re-occur every two years, and all new supervisors brought in after the original round of training must go through the program within six months of their arrival. 

Managers who are aware of the implications of sexual harassment may be less likely to take official action they realize will create vicarious liability for the organization – this may preserve the employer’s right to the Faragher/Ellerth affirmative defense in a case of constructive discharge.  Further, managers who are aware of how to proceed with complaints from employees about harassment are more likely to intervene with an appropriate employer response thus making a stronger showing under the first prong of the Faragher/Ellerth affirmative defense.

Finally, as noted throughout this article training can be an effective tool to combat inappropriate behavior by supervisors and to reduce risks under state law—especially to the extent it is interpreted similar to the Illinois Supreme Court’s decision.

B.                 Training and the Faragher/Ellerth Defense

Conducting training will greatly increase the chance of avoiding liability under the Faragher/Ellerth affirmative defense.  The importance of this defense was significantly increased by the Suders decision, which held that the defense is available in constructive discharge cases unless the plaintiff quits in a reasonable response to an employer-sanctioned adverse action of an official nature, such as a demotion or a cut in pay.

The training of rank and file employees should be documented and if it is to be conducted on a regular basis, can include a certification by the employee that he or she has not been subject to any policy violations since the last training.

C.        Training and Damages Issues Under Hawaii Law

Generally, individuals cannot be found liable for violations under federal law.  Under Hawaii law, however, courts may award unlimited punitive and compensatory damages. 

Significantly, unlike under Title VII individuals can be held liable for violations of Hawaii’s Employment Practices Act.  See HRS §378-1 (defining “employer” to include “any person”) and §378-2 (3) (making it unlawful for any “person” to “aid, abet, incite, compel, or coerce the doing of any of the discriminatory practices forbidden by this part, or to attempt to do so.”); Schefke v. Reliable Collection Agency, 96 Hawai’i 408; 32 P.3d 52, 93-94 (2001) (holding individuals may be found liable under Hawai’i Employment Practices law).

Thus, training employees may alert them to the financial risks they take when they engage in behaviors prohibited by Hawaii law.

D.        Training to Reduce Exposure to Punitive Damages

In Kolstad v. American Dental Association, the Court held that “in the punitive damages context, an employer may not be vicariously liable for the discriminatory employment decisions of managerial agents where these decisions are contrary to the employer’s ‘good-faith efforts to comply with Title VII.’”  Accordingly, compliance efforts are both necessary and sufficient to avoid liability for punitive damages.

Roman Amaguin, Esq.; http://www.virtualhawaiiemploymentlawyer.com; http://www.amaguinlaw.com

 

 

 

 

 

 

Islands and Hotels in Hawaii

If planning to visit Hawaii then do not forget to visit its islands which are romantic and peaceful. The Big Island of Hawaii to help you plan and enjoy your trip to Hawaii.

Hotels in Hawaii are popular but with those islands are popular too. In Hawaii there are so many beautiful places which you can see and most importantly its adventurous trip too. The official color of Hawai’i is red. Hawaii’s flower is the Red Lehua (Ohia).

Covering 4,038 square miles, it is easy to see how the island of Hawaii gets its nickname. All of the other Hawaiian Islands could easily fit inside the gigantic island. Despite its huge area only 130,000 people live on the island, many of which are located in the city of Hilo, by far the largest on the island.

The San Francisco Bay Area is Hawaii’s second largest market for tourists and the Hawaii Tourism Board just launched a month long campaign to encourage Bay Area visitors to dig out their hawaiian shirts, hop on a plane and experience the aloha spirit again or for the first time. With the increased of tourists in Hawaii, Hawaii Tourism Board not only launched campaign with that they provided best hotels in Hawaii to the tourist. Hawaii has enormous hotels and everyone is fabulous but there are few hotels in Hawaii which are so popular because of their hospitality.

Amongst so many hotels in Hawaii, Four Seasons is the best hotel in Hawaii. It has 243 rooms which are furnished with the bamboo headboards. There is one facility which guests and tourists always looking for which is spa treatment. Spa is the one of the best source to relax your body as well as mind too. Also there is a facility of private golf course. Golf is known as the game for high class people. Four Season Resort, which is best hotel in Hawaii, provides you facilities like rock climbing wall which is very interesting for kids as well as younger ones. We always keep in mind what you want that’s why we always provide all the facilities from spa to golf course, from golf course to rock climbing wall, tennis, boating which is fabulous experience in pacific ocean.

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