The opinion of the court was delivered by: Susan Oki Mollway Chief United States District Judge
ORDER PERMANENTLY ENJOINING THE ENFORCEMENT OF SECTION 378-32(b) OF HAWAII REVISED STATUTES
In 2011, Plaintiffs, a group of Hawaii employers each with more than 100 employees and at least one collective bargaining agreement with a union, sued Defendant Dwight Takamine, Director of the Department of Labor and Industrial Relations (the "State"), challenging the validity of section 378-32(b) of Hawaii Revised Statutes. That statute prohibits employers from penalizing employees for taking sick leave, but applies only to employers with more than 100 employees and with collective bargaining agreements.
On December 31, 2012, this court held that section 378-32(b) was preempted by federal law and violated the Equal Protection Clause by impermissibly targeting employers with collective bargaining agreements. The court deferred determination of the remedy for the violations, allowing the parties to brief the remedy issue. Having reviewed the parties' briefs on the remedy issue, this court now permanently enjoins the enforcement of section 378-32(b).*fn1
In 2011, the State of Hawaii enacted the law at issue in this case. See ECF No. 33-2. That law has been codified as section 378-32(b) of Hawaii Revised Statutes and states in relevant part:
(b) It shall be unlawful for an employer or a labor organization to bar or discharge from employment, withhold pay from, or demote an employee because the employee uses accrued and available sick leave; provided that:
(1) After an employee uses three or more consecutive days of sick leave, an employer or labor organization may require the employee to provide written verification from a physician indicating that the employee was ill when the sick leave was used;
(2) This subsection shall apply only to employers who:
(A) Have a collective bargaining agreement with their employees; and
(B) Employ one hundred or more employees; and
(3) Nothing in this subsection shall be construed to supersede any provision of any collective bargaining agreement or employment benefits program or plan that provides greater employee benefits or rights.
Haw. Rev. Stat. § 378-32(b).*fn2
Plaintiffs challenged the validity of this law, seeking declarative and injunctive ...