§378-69 Conflict with common law, precedence. The rights created herein shall not be construed to limit the development of the common law nor to preempt the common law rights and remedies on the subject matter of discharges which are contrary to public policy. In the event of a conflict between the terms and provisions of this part and any other law on the subject the more beneficial provisions favoring the employee shall prevail. [L 1987, c 267, pt of §1]
Case Notes
Mentioned: 654 F. Supp. 2d 1122 (2008).
Structure Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
378-1 to 378-10 REPEALED. §378-1 Definitions.
378-2 Discriminatory practices made unlawful; offenses defined.
378-2.2 Sexual harassment or sexual assault; nondisclosure agreements; prohibited.
378-2.4 Employer inquiries into and consideration of salary or wage history.
378-2.5 Employer inquiries into conviction record.
378-2.7 Employer inquiries into and consideration of credit history or credit report.
378-4 Enforcement jurisdiction.
378-6 Inspection; investigation; records.
378-27.5 Enforcement jurisdiction; complaint against unlawful practice.
378-28 Power of department to prevent unlawful practice.
378-28.5 Investigation; oaths; affidavits; subpoena; witnesses; immunities.
378-32 Unlawful suspension, barring, discharge, withholding pay, demoting, or discrimination.
378-33 Complaint against unlawful suspension, discharge, or discrimination.
378-34 Proceeding and hearing on complaint.
378-37 Enforcement of order; judgment rendered thereon.
378-51 Action against labor organization, limitation.
378-62 Discharge of, threats to, or discrimination against employee for reporting violations of law.
378-63 Civil actions for injunctive relief or damages.
378-64 Remedies ordered by court.
378-65 Penalties for violations
378-66 Collective bargaining and confidentiality rights, takes precedence.
378-67 Compensation for employee participation in investigation, hearing, or inquiry.
378-68 Notices of employee protections and obligations.
378-69 Conflict with common law, precedence.
378-70 Protected disclosure by a public employee.
378-72 Leave of absence for domestic or sexual violence.
378-73 Relationship to other leaves.
378-74 Effect on employment and collective bargaining agreements; benefits.
378-81 Reasonable accommodations.
378-92 Opportunity to express milk.