Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW
Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES
Section 12-27-28 - Conciliation agreement
Current through August, 2024
(a) The terms of a successful conciliation shall be reduced to a written agreement, which shall be signed by the complainant, the employer, and the department; provided that, in the judgment of the department, the agreement provides full and fair relief to the complainant. A copy of the signed conciliation agreement shall be sent to the complainant and employer.
(b) Where the complainant has refused to accept a proposed conciliation agreement, the department and the employer may enter into a conciliation agreement to which the complainant is not a party if the agreement does not affect the complainant's rights and if, in the department's opinion, the agreement provides for:
(c) The department may refuse to approve a conciliation agreement, even though the complainant and employer have agreed on the proposed terms, if the department believes the remedies outlined in the agreement are inadequate to eliminate the unlawful practice complained of or fail to provide appropriate action. In that event, the case may be closed as having been settled on terms not approved by the department, and the department need not take any action to enforce the agreement if its terms are violated.
