Davis v. Four Seasons Hotel Ltd.

Dissenting Opinion by

ACOBA, J.

I respectfully dissent.

The certified question presented is whether

[wjhere plaintiff banquet server employees allege that their employer violated the notice provisions of [Hawaii Revised Statutes (HRS) ] § 481B-14 by not clearly disclosing to purchasers that a portion of a service charge was used to pay expenses other than wages and tips of employees, and where the plaintiff banquet server employees do not plead the existence of competition or an effect thereon, do the plaintiff banquet server employees have standing under [HRS] § I80-2(e) to bring a claim for…