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Kady Pascual

Hawaiʻi Scene on Social

We all feel “sick” after a long weekend, and we think our pets go through it the most.

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cabincrewcouple

<title>Hawai‘i Scene on Social: Monday work blues</title>

Today’s social media find comes from @CabinCrewCouple, with a case of the back to work sickness.

Hawai‘i Scene on Social: Monday work blues

We all feel “sick” after a long weekend, and we think our pets go through it the most.  Make sure you follow @CabinCrewCouple on Instagram! For the latest news of Hawai‘i, sign up here for our free Daily Edition newsletter!

Square Mike Brestovansky Headshot RGZ3736 Large

Michael Brestovansky

Crime & Courts

A group of over 100 Hawai‘i hotel workers have won a class-action lawsuit against their employers over improperly paid tips.

In 2016, Reneldo Rodriguez was working at the Mauna Kea Beach Hotel on Hawai‘i Island serving food during banquet events. While he was working there, the hotel imposed a fee, called a “service charge” or “gratuity” on guests.

Although the hotel informed guests that those charges would not be distributed in full to employees, it did not specify the actual percentage of the money that would go to staff. The disclosures at the time read, in part: “We allocate a portion of the service fee to our employees as tips or wages.”

[{"type":"text","text":"And that, it turns out, is illegal."}]

Rodriguez filed a class-action suit against Mauna Kea Resort, Hawai‘i Prince Hotel Waikīkī and Prince Resorts Hawai‘i in Dec. 2016 on behalf of “over 100 servers, porters, bartenders and other employees,” arguing that their hotels had violated a state law protecting against unfair and deceptive business practices.

The law in question — Hawai‘i Revised Statutes 481B-14 — specifically applies to hotel or restaurant service charges. Under that law, any establishment that applies service charges for food or beverage services must either distribute the service charge directly to its employees as tip income or “clearly disclose” to the purchaser that the charge is being used to cover expenses other than employee wages and tips.

The word “clearly” was the linchpin of the argument by attorney Brandee Faria, representing the plaintiffs. She never disputed the fact that the hotel did inform guests that service charges didn’t entirely go to employees.

But obfuscating how much of those charges did go to workers, she argued, goes against the understood definition of “clearly.” She suggested that providing the specific percentages of where the charges go would fulfill the requirements of the law.

With the hotels having failed to meet legal requirements, Faria argued that the plaintiffs were entitled to 100% of the service charges levied during their employments, with damages to be determined at trial.

While the First Circuit Court agreed with the plaintiffs, the defendants appealed and the Intermediate Court of Appeals reversed the lower court’s decision.

[{"type":"text","text":"But the ICA’s reasoning was flawed, Faria claimed."}]

In a follow-up appeal to the Hawai‘i Supreme Court, she argued that the ICA had wrongly focused on her suggestion of providing percentages, when that was only one of any number of potential ways to “clearly disclose” the use of service fees.

“The question … is whether a disclosure that does not provide sufficient or meaningful information to consumers to make a gratuity determination — that is, whether and how much to tip — ‘clearly discloses’ that the service charge is not a gratuity or tip,” read Faria’s Supreme Court filing.

[{"type":"text","text":"On Monday, the Supreme Court issued a verdict in favor of the plaintiffs."}]

 that the law serves a dual purpose: to ensure consumers are well-informed and service workers are adequately compensated. The law exists to “patch” a previous issue where employers used service charges to cover their own administrative costs, while consumers — who believed the service charges had already covered workers’ tips — left no tips for employees.

Eddins cited in his opinion the Merriam-Webster Dictionary definition of "clearly" ("'free from obscurity or ambiguity,' 'easily understood,' or 'unmistakable'), concluding that the hotels had failed to meet such a standard.

“Does a portion of the service charge mean nearly all of it?” Eddins wrote. “Or almost none of it? Does ‘a portion’ [allocated] to ‘tips or wages’ mean that 

 of the service charge is allocated to tip income? Or does it mean that nearly all of it is? It’s any consumer’s guess.”

Eddins noted that, in early 2017, the hotels updated their disclosures to be more specific. One such example specified that 18.7% out of a 22% service charge is pooled and distributed to relevant staff, with the remaining 3.3% retained by the hotel, which Eddins considered a sufficiently clear disclosure.

The Supreme Court’s decision overturns that of the Appeals Court, and remands the case back to the First Circuit Court for further proceedings.

[{"type":"text","text":"Aloha State Daily reached out to Faria for comment."}]

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Prince Waikiki

<title>Hotel workers prevail in service charge lawsuit</title>

Supreme Court rules hotels didn't clearly disclose gratuity fees.

Hotel workers prevail in service charge lawsuit

Stephanie Salmons Headshot

Stephanie Salmons

Government & Politics

The City and County of Honolulu is taking yet another step towards the development of more affordable housing along the Skyline rail route.

The Department of Housing and Land Management, or DHLM, is seeking a development partner to transform a city-owned property in Kalihi into a "vibrant, transit-oriented affordable housing community," the city said in an announcement Monday. A request for qualifications was issued this week.

Located across from the future Mokauea Skyline station, the 2.25-acre site includes the old Dee Lite Bakery building at 1930 Dillingham Blvd. and an adjacent parcel at 1907 Eluwene St.

Kevin Auger, director designate of DHLM, told Aloha State Daily in an emailed response to questions that the city acquired the property for $8.4 million in August 2019 "to support future affordable housing transit-oriented development."

Kalihi is a working-class, transit-rich community facing acute housing affordability pressures," he says. "Kalihi’s TOD plan (2014) cites affordable housing as the community’s top priority, with strong demand projected for rental homes near transit. The neighborhood’s TOD redevelopment vision emphasizes pedestrian-friendly, mixed-income and culturally grounded development near Skyline stations — especially around Dillingham Boulevard and Mokauea station."

Auger says that proposals should emphasize affordability, transit integration and long-term stewardship of the property. Although the city isn't specifying a total number of units it would like to see, he says that a preliminary analysis indicates the site could accommodate more than 150 affordable units, subject to final lot size and project financing.

The chosen developer also will have to conduct "robust" community engagement throughout the planning and development process.

"Community engagement is central to our process," Auger says. "Once a development partner is selected, the developer will be required to undertake community outreach, consult with and provide updates to the local Neighborhood Board and City Council members, and conduct a public hearings as required by the City Charter. This approach ensures the community has multiple opportunities to learn about the project, share input and see how their feedback is shaping outcomes."

Proposals for the Kalihi property must be submitted by 1 p.m. Friday, Oct. 10. The full RFQ and more information can be 

A development schedule will be created with the selected developer and more timeline details will come after the selection is made.

This is the latest in the city's efforts to bring more affordable housing to the island. In fact, Mayor Rick Blangiardi said in Monday's announcement this is the seventh city-owned property brought to market through an RFQ in 2025.

Partnering with the development community to build housing on city-owned lands is one of the components of a 

 the city unveiled earlier this year. You can 

Around the time the strategic plan was announced, Honolulu 

 for the redevelopment of four underutilized city-owned properties into affordable rental projects: 1615 Ala Wai Blvd., 436 Ena Road, 130 S. Beretania St.; and 1421 Pensacola St.

as the"preferred negotiating partner" for the 

 and Centre Urban Real Estate as the "preferred negotiating partner" for the redevelopment of

The city, which acquired 1615 Ala Wai through condemnation in January 2024, recently 

the existing, dilapidated apartment building that once sat there.

In March, the city also issued an RFQ for the 

, which it acquired for $51.5 million in January 2024, and in June 

 seeking a partner to redevelop under-used city-owned land in Kapolei.

Auger says development partners have been selected for five of the seven projects and the city is now working with them to finalize development contracts and ground leases. The city's eighth RFQ is expected to be posted in September.

"Altogether, these RFQs represent more than 20 acres of city land moving into affordable housing production this year — a scale of activation that Honolulu has never seen before," he says.

Dee Lite Bakery kalihi

<title>Honolulu seeks developer for Kalihi property</title>

Located across from the future Mokauea Skyline station, the 2.25-acre site includes the old Dee Lite Bakery building at 1930 Dillingham Blvd. and an adjacent parcel at 1907 Eluwene St. The city acquired the property in 2019.

Honolulu seeks developer for Kalihi property

Hawai‘i's restrictions on how and when you can purchase a gun are going to court again.

In 2021, the First District Court found two firearm statutes unconstitutional: one that set an expiration date for permits to purchase handguns, and one that requires guns to be inspected in-person at the time of registration. These statutes were found to violate the Second Amendment of the U.S. Constitution.

Following that verdict, then-Attorney General Holly Shikada appealed the case, ultimately bringing the matter before a panel of three judges of the U.S. Court of Appeals for the Ninth Circuit, which covers the Mainland’s West Coast states, Alaska and Hawai‘i.

In March, that panel upheld the Hawai‘i court’s decision. But in July, the Ninth Circuit voted to rehear the case, effectively invalidating the panel’s verdict.

Second Amendment groups have criticized the Ninth Circuit, which has a history of overturning pro-gun victories, said Kostas Moros, Director of Legal Research and Education for the Second Amendment Foundation, which on Monday filed an amicus brief criticizing the Ninth Circuit for undermining public faith in the law.

“This is the ninth time they’ve vacated a Second Amendment victory,” Moros told Aloha State Daily. “It just seems like a dubious thing to do.”

The Ninth Circuit is using a procedure called "en banc," wherein all the judges of a given court sit to rehear the case instead of a small panel — although, in the case of the large Ninth Circuit, it will only be a larger panel made up of 11 judges chosen at random from the 29 active in the circuit.

Moros said it is “extremely rare” for courts to grant en banc petitions, with only 26 granted out of 1,351 — or, about 2% — filed in the Ninth Circuit between 2022 and 2023. Yet, he went on, since 2008, the Ninth Circuit has granted en banc for all but one case in which plaintiffs have successfully challenged laws on Second Amendment grounds.

“The government loses other appeals too and they don’t get en banc-ed,” Moros said.

Moros added that the state gun laws in question are “idiosyncratic … silly laws, frankly” that the Hawai‘i Attorneys General didn’t particularly try to justify in court.

“They just tried to argue that they didn’t violate the Second Amendment,” Moros said.

The Second Amendment Foundation’s amicus brief (a submission to the court by an entity that is not directly party to the case itself) argues that allowing the panel’s ruling to stand and invalidating the gun purchasing laws, buyers in Hawai‘i will “simply have the gun-purchasing status quo that exists in almost every other state.”

The document urges the Ninth Circuit to dismiss the en banc rehearing and sustain the three-judge panel’s ruling, and noted that failing to do so “erodes confidence in the fundamental fairness of the court.”

“I have no illusions that they’ll actually do that,” Moros said, noting that oral arguments are already scheduled to take place in January. “Amicus briefs can be aspirational sometimes.”

Kaahumanu Hale 16x9

<title>Hawai‘i gun purchasing laws to be re-re-litigated</title>

Second Amendment advocates criticize court decision to overturn March decision.

Hawai‘i gun purchasing laws to be re-re-litigated

Business & Tourism

Aloha Spirit

As the second anniversary of the Maui wildfires approaches, the Building Industry Association of Hawai‘i is working to build the island's construction workforce, bringing its Pre-Apprenticeship Construction Training program to the Valley Isle this fall.

PACT is a six-week, full-time workforce development program for people who are new to the construction industry. Here, you'll learn essential skills, tools and knowledge needed for a career in the building industry. The program is free for qualified residents.

 — sponsored by the Maui County Workforce Innovation and Opportunity Act, or WIOA, program, and the Hawai‘i Building Industry Foundation — will run from 8:30 a.m. to 3:30 p.m. Monday through Friday, Sept. 8 to Oct. 24, at the J. Walter Cameron Center, 95 Mahalani St. in Wailuku.

BIA Hawai‘i CEO Roseann Freitas recently told Aloha State Daily that the organization — a not-for-profit trade association chartered by the National Association of Home Builders in 1955 — had offered the PACT program for "a very long time." It was shut down during the Covid-19 pandemic, "and we revitalized it last September."

[{"type":"text","text":"Since then, a handful of cohorts have been offered."}]

"Once we got those first few classes under our belt — then the success rate was there, but also we saw the need," Freitas said. "We were helping underserved markets."

Some classes had members who were homeless but showing up for every class, she said. It's something that's "not easy to do, even under regular circumstances. So we realized that this was a great program [and] wanted to get it to Maui. We knew Maui needed it."

On Aug. 8, 2023, fires driven by high winds tore through Lahaina and other parts of the Valley Isle. More than 100 people died in the blaze that destroyed much of Lahaina town.

The University of Hawai‘i Economic Research Organization estimated in a 

 that, at its peak, "rebuilding on Maui will require 2,000 additional construction workers." 

According to Freitas, BIA Hawai‘i is working with Maui County to fund some of the students' course fees, along with the Hawai‘i Building Industry Foundation, and is partnering with nonprofit 

 to offer participants hands-on experience.

"We feel like it's a great win," she said. "They're learning and at the same time, they're helping to rebuild the community there."

[{"type":"text","text":"The construction workforce has been short for decades, Freitas says. "}]

"That was the mindset. People sent their kids to college. They did not think about the trades and we're paying that price now."

[{"type":"text","text":"But construction pays \"above average wages,\" Freitas says."}]

"People can get out of these trade schools — or our [program] is six weeks. There's other options like going on to an apprenticeship or furthering it along, but they're coming out without the debt that college students are having and they're making more money," she continued. "It's a really good answer, especially for people who want to stay and live in Hawai‘i because it's so expensive so you need to have a decent wage."

 notes that participants will learn about job site safety and earn certifications in OSHA-30 Construction Safety, adult first aid, CPR and AED; and optional certifications in lead renovation, repair and painting, and OSHA (

Occupational Safety and Health Administration

) Disaster Site Worker safety. They'll also learn technical trade skills in carpentry, electrical, plumbing, HVAC, masonry, weatherization and landscaping; construction math and blueprint reading; green building fundamentals; career readiness and professionalism; and also gain some real-world experience.

[{"type":"text","text":"Freitas says about 70% of the curriculum is hands-on."}]

"As we're doing this, we bring in experts from the industry," Freitas says. "That's who teaches these courses — people within the industry who want to give back in their way or they have a flexible schedule that they can come teach."

Freitas says PACT has a success rate of about 83%. For this program, that means completing the six-week course and getting the certifications.

There are three pathways for those who complete the training, she says: go right into the workforce, apply for an apprenticeship program or continue their education at a college.

"We're exposing them to different opportunities because when people think construction, they always think [about] the traditional construction worker, but there's every profession almost in there, and there's different avenues," Freitas says. "We're giving them options and then these three career pathways that they could continue on — and we're staying in touch with them. That's probably the big thing."

As for the importance of addressing the construction industry's workforce needs, Freitas notes future housing demands in Hawai‘i.

Hawai‘i Housing Finance and Development Corp.'s 2024 Hawai‘i Housing Planning study, which was 

 earlier this year, found that the state will need an estimated 64,490 additional housing units by 2027 to meet demand).

"We know we have a housing crisis," Freitas says. "We have a shortage of housing and we've lost a lot of people to the Mainland. They're finding it too expensive to live here, so that is shrinking all of our talent pool — especially construction."

Without people here to build, she says people have to be brought in from the Mainland to do the work.

"They're here to do great things, but at the end of the day, when the job is done, all of that revenue goes back to the Mainland," Freitas notes. "The more we can do here on our island and keep that revenue stream here, it helps the economy overall. I think that's why it's so important."

the Maui training opportunity is targeting Maui residents — including Native Hawaiians; Pacific Islanders; Asian Americans; women; disconnected youth, typically ages 16 to 24 who are not in school or employed; and economically marginalized residents, although anyone can apply and there are no age restrictions.

PACT BIA Hawaii

<title>BIA Hawai‘i aims to build Maui's construction workforce</title>

PACT is a full-time workforce development program for people who are new to the construction industry.

BIA Hawai‘i aims to build Maui's construction workforce

Katie Helland Headshot

Katie Helland

Arts & Entertainment

“Sharing Aloha,” a new 95-minute documentary that shares the stories of the student workers at the Polynesian Cultural Center, is set to premiere at Consolidated Theatres at Ward on Friday, Aug. 29.

The documentary’s producer and director is Blair Treu, who also directed

“This film is a love letter to the people of Polynesia and to the power of aloha,” Treu 

 in a written statement. “We wanted to tell a story that captures not only the beauty of the islands, but the resilience, joy and purpose that shine through every person who makes the Polynesian Cultural Center what it is.”

Located on Oʻahu's North Shore, PCC opened in 1963 and is a nonprofit organization. Proceeds from its ticket sales cover daily operations and support the education of student employees at the nearby Brigham Young University - Hawaiʻi.

The documentary follows the stories of several student workers who share their culture with tourists and kamaʻāina as part of PCC’s programs. Featured students include dancers and performers, who take the stage in the “Hā: Breath of Life Show,” at the end of each night the center is open.

Sharing Aloha’ is more than a film — it’s a celebration of our people, our heritage and the unique spirit of aloha that we share with every guest who walks through our doors,” said PCC President and CEO 

. “We’re excited to share this powerful story with our community and the world.”

Polynesian Cultural Center

<title>"Sharing Aloha" documentary to premiere next month</title>

The film shares the stories of student workers who perform at the Polynesian Cultural Center. The nonprofit attraction's ticket sales cover daily operations and support the education of student employees at the nearby Brigham Young University - Hawaiʻi.

"Sharing Aloha" documentary to premiere next month

Christian Shimabuku Headshot

Christian Shimabuku

Sports

Logan Taylor had said aloha to football last November, secure in the understanding that he had given the sport everything he had, including a college career spanning a total of seven season at three different schools and multiple injuries. 

So why, then, was Taylor on the field in his team-issued University of Hawai‘i gear when the 

Rainbow Warriors kicked off spring practices on Monday

A recent ruling in December allowed Vanderbilt star quarterback Diego Pavia to come back for an additional season in 2025 although he had exhausted all four seasons of his NCAA eligibility. Pavia had previously sued the NCAA, alleging that his status as a former junior college athlete limited his potential name, image, and likeness (NIL) earnings. 

After Pavia received his verdict, thousands of athletes across the country were under the impression that their JUCO years did not count towards their NCAA eligibility. Taylor, who played at El Camino College in California in 2019, fits the criteria. Although Taylor has to make his own appeal to the NCAA, the precedent Pavia set has enabled a bevy of college athletes to try and come back for another year or two. 

In other words, Taylor is saying aloha to football all over again this week. 

"I was blessed to be able to have played a year at my old junior college," Taylor told Aloha State Daily. "My coaches reached out to see if I wanted to play (again), and I'm like, 'Yeah.' After seeking counsel, after praying, we felt the Lord would call me back, and it's for a different role. I feel like I'm more here as a missionary. I'm just blessed to be here. I'm just blessed to be back again."

Taylor, a linebacker, was Hawai‘i's leading tackler in 2022 and a team captain in 2023 and 2024. He's not sure specifically when the NCAA will approve or deny his appeal, but his coaches say the value of his mere presence is immeasurable to the team. 

"Logan's leadership has helped mold others into leaders themselves," UH associate head coach and linebackers coach Chris Brown said. "His presence is huge with the young guys. He's like that NFL veteran QB that is there to mentor younger players. He brings a wealth of knowledge and wisdom that is huge in the success of the team. He will be big in rotation with our linebackers. I'm so happy to get him back. I wasn't ready to let him go just yet. That's my lion and he deserves to win."

As some members of the team were yawning through warm-ups prior to practice on Monday, Taylor was the one motivating his teammates to wake up. During a drill in which linebackers were competing against running backs on Wednesday, Taylor was giving pointers to other linebackers and encouraging the running backs, praising their technique under new offensive coordinator Anthony Arceneaux. 

Throughout the duration of his UH career, Taylor has not been shy about his Christianity, leading the team in prayers and mentioning his beliefs often in media interviews. When asked what he would be doing this week if his football career were behind him, Taylor says he'd be in the beginning stages of his ministry career. 

"I'm gonna end up living here. This is where I want to raise my kids," said Taylor, a native of Southern California. "When I was done, I was about to go into full-time ministry. I was going to be a campus missionary, so I was going to be around, and it's funny, because it's like what I'm doing right now. But it's just funny, because it's the same thing I'm doing here right now, even while I'm playing, so nothing's really changed. Man, I'm just still in the same spot."

As he prepares for a potential eighth year of college football, Taylor may be excused from practices soon. His wife, Theresa, is expecting the family's first daughter any day now. They've already decided to name her Honey Grace, joining her two brothers, Kobe King and Vader Ali‘i. 

"Super blessed, man. She'll probably be born this week or early next week. So, yeah, I'm on standby," Taylor said. "I got my phone out here with me. Whatever my wife needs. I'm so blessed to have coaches that let me put my family first, so if I got to stay with her, my family comes first."

There's been lots to celebrate for Taylor, who recently turned 25. Regardless of where he is on a given day, he considers each moment a blessing.

"I'm out here regardless, man. And the best thing about it is, I got faith that God is gonna take me wherever he has called me to be. So if it's here, this is where he's called me to be," Taylor said. "And if it's not, then I trust God's plan for my life. So either way, I'm out here. As long as they're letting me practice, I'm at practice. This is just playing the kids game, having fun, being a little violent. There's nothing like it."

Hawai‘i Scene on Social: Monday work blues

Kady Pascual

Social Media Editor

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Hawai‘i Scene on Social: Monday work blues

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Kady Pascual

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