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  GARNER CLASS ACTION
 
 

Garner v. State of Hawai`i, Department of Education (Civ. No. 03-1-000305); Kliternick v. Hamamoto (Civ. No. 05-0031-01).

 
  Case Background
 

We have filed class action lawsuits against the State of Hawai`i, Department of Education ("DOE") to recover back pay for substitute teachers. The consolidated actions are entitled Garner v. State of Hawaii, Civ. No. 03-1-000305 and Kliternick v. State of Hawaii, Civ. No. 05-1-0031-01. s violation of HRS ?302A-624(e). In 1996, the Hawai`i State Legislature passed legislation to ensure that substitute teachers were adequately compensated. HRS ?302A-624(e) provides that substitute teacher pay "shall be based on the annual entry salary step rate established for a Class II teacher on the most current teachers' salary schedule." However, the Complaints allege that the DOE illegally failed to pay substitute teachers their statutorily mandated rate since the statute became effective on July 1, 1996.

Updated January 2016:
Order Tentatively Granting in Part and Denying in Part Plaintiffs' Motion for the Award of Attorneys' Fees Pursuant to H.R.S. § 607-14 filed January 15, 2016


 
  Certification of the Class and Sub-Class
 

The Court has granted plaintiffs' Motion for Class Certification and certified the following “Class” and “Sub-Class”:

1. The Class

All persons who have served in position numbers 75100, 75101, 75102, as identified on a DOE SF-5 as a substitute teacher for the Hawai`i DOE at public schools of the State of Hawai`i from November 8, 2000 through the present.

2. The Sub-Class

All persons who have served in positions numbers 75100, 75101, 75102 as identified on a DOE SF-5 as a substitute teacher for the Hawai`i DOE at public schools of the State of Hawai`i from July 1, 1996 through November 7, 2000.

Court Grants Plaintiffs' Motion for Summary Judgment

On December 16, 2005, the Court granted Plaintiffs' Motion for Summary Judgment and determined that the DOE has underpaid substitutes during the entire period covered by the statute of limitations (11/8/00 to 6/30/2005). As noted in a December 17, 2005 Starbulletin article, "[t]he Department of Education illegally underpaid thousands of Hawaii substitute teachers for years, according to a court ruling yesterday that could force the state to come up with millions of dollars in back pay." [link to article]