Avis K. Poai has extensive experience in a wide variety of legal matters with a concentration in labor and employment, employee benefits, and administrative law. Although located in the firm's Honolulu office, she also assists the firm's Saipan and Guam office with labor and employment matters. Her practice includes the defense of wrongful discharge, discrimination, harassment, whistleblower, and retaliation claims. She also assists firm-wide clients with employer compliance with state and federal employment and labor laws.

Representative Matters

Representation of employers in state and federal claims and civil lawsuits alleging violations of Title VII, 42 U.S.C. 1983, 1981, the Americans with Disabilities Act, the Rehabilitation Act, the Hawaii Whistleblower Protection Act, Hawaii's Fair Employment Practices Act and other discrimination laws, retaliation claims, common law theories of wrongful termination and collateral torts.

Assisting employers with HIPAA, COBRA and USERRA compliance with regard to employee benefits.

Drafting employee handbooks and training/counseling of management and staff regarding risk avoidance and proactive management practices. Drafting personnel policies and advising employers regarding the legal requirements pertaining to family medical leave, wage and hour laws, alcohol and drug testing, e-mail usage and internet access, employee searches and surveillance.

Conducting audits of employers' existing programs to verify compliance with federal and state wage and hour laws and regulations. Representation of clients in the defense of DLIR and DOL actions.

Assisting employers with legal issues that may arise relating to downsizing, employer successor liability, and dislocated worker notification statutes.

Judicial Clerkships 

• Prior to joining Carlsmith Ball LLP, Ms. Poai served as an extern to the Honorable Simeon R. Acoba, Jr., Associate Justice in the Supreme Court of Hawaii, and a summer law clerk for the Honorable Ronald Ibarra, Hawaii State Court, Third Circuit, Kona Division.

Publications

• Hawaii's Justiciability Doctrine, 26 U. HAW. L. REV. 537 (2004).

Affiliations

• Hawaii State Bar Association, Member
• American Bar Association, Member - Labor & Employment Law Section
• Society for Human Resource Management (SHRM), Member
• Hawaii Employers Council, Member