[PART V.] WHISTLEBLOWERS' PROTECTION ACT

 

Revision Note

 

  In this part, "part" substituted for"chapter".

 

Law Journals and Reviews

 

  Wrongful Termination Law in Hawaii.  V HBJ No. 13, at pg. 71.

  Employee Rights Under Judicial Scrutiny:  Prevalent PolicyDiscourse and the Hawai`i Supreme Court.  14 UH L. Rev. 189.

  Confidentiality Breeds Contempt:  A First Amendment Challengeto Confidential Ethics Commission Proceedings of the City & County ofHonolulu.  18 UH L. Rev. 797.

 

Case Notes

 

  Respondent's claims for discharge in violation of publicpolicy and in violation of the Hawaii Whistleblower [sic] Protection Act werenot preempted by the Railway Labor Act.  512 U.S. 246.

  Protection afforded under this Act not restricted to at-willemployees.  74 H. 235, 842 P.2d 634.

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

  The Act does not provide employees with a protected propertyinterest, as it does not create an enforceable expectation of continued publicemployment.  120 F. Supp. 2d 1244.

  Where plaintiff was removed from project, State did notviolate the Act or the First Amendment to the U.S. Constitution when it reassignedthe project to someone else.  76 H. 332, 876 P.2d 1300.

 

[§378-61]  Definitions.  As used in thispart:

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

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

"Person" means an individual, soleproprietorship, partnership, corporation, association, or any other legalentity.

"Public body" means:

(1)  A state officer, employee, agency, department,division, bureau, board, commission, committee, council, authority, or otherbody 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, orregional governing body, a council, special district, or municipal corporation,or a board, department, commission, committee, council, agency, or any memberor employee thereof;

(4)  Any other body which is created by state or localauthority 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 oremployee of a law enforcement agency; or

(6)  The judiciary and any member or employee of thejudiciary. [L 1987, c 267, pt of §1]