VILLON v. MARRIOTT HOTEL SERVICES, INC.

No. SCCQ-11-0000747.

306 P.3d 175 (2013)

130 Haw. 130

Bert VILLON and Mark Apana, Plaintiffs, v. MARRIOTT HOTEL SERVICES, INC., dba Wailea Marriott Resort, Defendant. Reneldo Rodriguez and Johnson Basler, on behalf of themselves and all others similarly situated, Plaintiffs, v. Starwood Hotels & Resorts Worldwide, Inc., dba Westin Maui Resort & Spa, Defendant.

Supreme Court of Hawai`i.

July 15, 2013.


Attorney(s) appearing for the Case

Ashley Ikeda & Lori K. Aquino , Weinberg, Roger & Rosenfeld, Honolulu, Harold Lichten & Shannon Liss-Riordan , pro hac vice, (Lichten & Liss-Riordan, P.C.), for plaintiffs.

Barry W. Marr & Richard M. Rand , Honolulu, Marr Jones & Wang, for defendant Marriott Hotel Services, dba Wailea Marriott Resort.

Paul Alston , Anna Elento-Sneed , & Maren Calvert , Alston Hunt Floyd & Ing, Honolulu, for defendant Starwood Hotels & Resorts Worldwide dba Westin Maui Resort & Spa.

RECKTENWALD, C.J., NAKAYAMA, and McKENNA, JJ., with ACOBA, J., concurring and dissenting separately, with whom Circuit Judge CHAN, in place of DUFFY, J., recused, joins.


Opinion of the Court by McKENNA, J.

I. Introduction

The United States District Court for the District of Hawaii1 ("District Court") certified the following question2 to this court:

May food or beverage service employees of a hotel or restaurant bring a claim against their employer based on an alleged violation of Haw.Rev.Stat. § 481B-14 by invoking Haw.Rev.Stat. §§ 388-6, 388...

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