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  • THIRD CIRCUIT COURT UPHOLDS LAND BOARD’S DECISION ON ILLEGAL LAVA BOAT TOURS

    (Hilo) – Administrative fines totaling $48,500 have been affirmed by Circuit Judge Greg K. Nakamura in a Board of Land and Natural Resources (BLNR) decision against illegal commercial lava boat tours on Hawai‘i Island; in a ruling issued on September 27, 2019. Those fined are Henry K. Pomroy, Bill A. Fujimoto, and Ho‘okupu Fish Company, LLC. “We are very satisfied with this ruling,” said Edward Underwood, Administrator for the DLNR Division of Boating and Ocean Recreation (DOBOR).  “The purpose of the commercial use permit rules is to ensure that companies are following all Federal, State, and County laws and conducting their operations with proper regard to public safety and natural resource protection,” Underwood continued. The DLNR Division of Conservation and Resources Enforcement also issued Pomroy a criminal citation for violation of Hawaii Administrative Rules, but the Hawai‘i County Prosecuting Attorney’s Office dismissed the criminal citation. DOBOR brought the administrative enforcement action before BLNR at its April 28, 2017 meeting, alleging multiple instances of illegal commercial activity and requesting a total of $140,000 in administrative fines. Steven D. Strauss, then-managing member of Ho‘okupu Fish Company, LLC, as well as attorney for Pomroy and Fujimoto, requested and was granted, a contested case hearing on the enforcement action. According to DOBOR, Pomroy was warned that he was operating illegal commercial lava boat tours because he did not have a valid commercial permit authorizing the tours. Pomroy continued to repeatedly conduct illegal lava tours from the Pohoiki Boat Ramp, then instituted a “membership” scheme with assistance from Strauss, where customers would pay to enter into an agreement for “Conveyance of Membership Interest in Ho‘okupu Fish Company, LLC.”  Pomroy argued that members of Ho‘okupu Fish Company, LLC were taking boat rides as members of the company and therefore were not paying customers. “We recognized this scheme as an attempt to circumvent our commercial permit system and took action to put an end to it. Unpermitted commercial operations not only pose a threat to public safety and natural resource protection but are also unfair to the other commercial operators who comply with permitting requirements,” Underwood stated. The contested case Hearing Officer ruled that there was commercial activity taking place and that the agreement for membership interest did not void the commercial use permit requirement. BLNR voted to impose the fine, including attorney fees and administrative costs at $48,500. Pomroy, Fujimoto, and Ho‘okupu Fish Company, LLC then appealed BLNR’s decision to the Circuit Court. #DLNR #LavaBoat #IllegalLavaBoatTours #BLNR #HenryPomroy #BillFujimoto #HookupuFishCompany #DOBOR #PohoikiBoatRamp #HawaiiState

  • UH team unravels origin, chemical makeup of Titan’s dunes

    A team led by a University of Hawaiʻi at Mānoa chemistry professor and researcher has been able to provide answers to key questions about the surface of Saturnʻs moon Titan. Physical chemist Ralf I. Kaiser and fellow researchers examined remote sensing data regarding NASA’s Cassini–Huygens mission to Titan—the only solar system body besides Earth with a solid surface, lakes and a thick atmosphere with a pressure of about 1.5 atmosphere at surface level. Images and data from Cassini-Huygens exposed the existence of vast longitudinal dunes on Titan’s surface across the equatorial deserts reaching heights of up to 100 meters, close to the size of the Egyptian pyramids of Giza. Whereas Earth’s dunes are made of silicates or the largest class of minerals, imaging studies revealed that Titan’s dunes contain dark organics of until now undetermined origin and chemical composition. The UH Mānoa team, which also consisted of Matthew Abplanalp, former chemistry graduate student at UH’s W.M. Keck Research Laboratory in Astrochemistry, exposed acetylene ice—a chemical that is used on Earth in welding torches and exists at Titan’s equatorial regions—at low temperatures to proxies of high-energy galactic cosmic rays. The researchers exposed a rapid cosmic-ray-driven chemistry which converts simple molecules like acetylene to more complex organic molecules like benzene and naphthalene—a compound which is found in mothballs—on Titan’s surface. These processes also happen in the interstellar medium—the space between stars—on hydrocarbon rich layers of interstellar nanoparticles. This research “Low-temperature synthesis of polycyclic aromatic hydrocarbons in Titan’s surface ices and on airless bodies” was published in the recent issue of Science Advances. “Titan’s dunes represent the dominating surface sink of carbon in Titan’s organic chemistry,” said Abplanalp, current researcher at the Naval Air Warfare Center Weapons Division at China Lake. “Therefore, unraveling the origin and chemical pathways to form this organic dune material is vital not only to understand Titan’s chemical evolution, but also to grasp how alike the chemistries on Titan and on Earth might have been like before life emerged on Earth 3.5 million years ago.” “These processes eventually furnish the molecular building blocks not only for Titan’s organic dunes, but also for organics on airless bodies in general such as on Kuiper Belt Objects like dwarf planet Makemake,” outlined Kaiser. “The low temperature synthesis of PAHs from acetylene ices represents a fundamental shift from currently accepted perceptions that PAH formation takes place solely in the gas phase at elevated temperatures of a few 1,000 K such as in combustion processes.” Findings impact next Titan mission These findings will have unprecedented implications for the next space mission to Titan. NASA aims to land a flying robot, Dragonfly, on the surface of Titan, the top target in the search for alien life and its molecular precursors. The car-sized quadcopter, equipped with instruments capable of identifying large organic molecules, is slated to launch on a rocket in 2026, arrive at its destination in 2034 and then fly to multiple locations hundreds of miles apart. Dragonfly will land near Titan’s equator close to the organic dunes thus providing an in situ glimpse of potentially biorelevant organics at a frozen stage—boldly going where no one has gone before. “Overall, this study advances our understanding of the complex organics and fundamental chemical processing of simple molecules in deep space and provides a scientifically sound and proven mechanism of formation of aromatic structures in extreme environments in low temperature ices,” Kaiser concluded. “Since Titan is nitrogen-rich, the incorporation of nitrogen in these PAHs may also lead to carbon-nitrogen moieties (parts of a molecule) prevailing in contemporary biochemistry such as in DNA and RNA-based nitrogen-bases.” Source: https://www.hawaii.edu/news/2019/10/17/team-unravels-titans-dunes-origins/ #UniversityOfHawaii #UHHawaii #Titan #Saturn #Moon #RalfKaiser #NASA #Dragonfly #CassiniHuygen #MatthewAbplanalp #KeckResearchLaboratory #TitanMission #DNA #RNA #Nitrogen #KuiperBeltObjects #chinaLake #ScienceAdvances #HawaiiState

  • First lady Dawn Amano-Ige launches ʻOhana Readers early literacy program on Molokaʻi

    Kualapuʻu, Hawaiʻi – Hawai‘i’s first lady Dawn Amano-Ige, together with state and non-profit partners, has launched the ʻOhana Readers program on Molokaʻi. ʻOhana Readers is a literacy program that focuses on reading with family. The program will offer high-quality, age-appropriate Imagination Library books each month to children on Moloka‘i who are four years old and younger. Children who register for the program will receive one book each month via the U.S. Postal Service beginning approximately eight to ten weeks after their registration form has been submitted. The program operates through the Dolly Parton Imagination Library and is free of charge. The program is made possible through a collaborative partnership between the Office of the Governor, the State Department of Human Services (DHS), the Hawaiʻi State Public Library System, Rep. Lynn DeCoite, and nonprofit partners The Dollywood Foundation, Friends of the Library, Learning to Grow and Read to Me International. The Hawai‘i State Public Library System is encouraging families to register for the ‘Ohana Readers program. The Moloka‘i Public Library will also offer programs that complement the books the children receive, and will provide other activities to promote literacy and reading. “Research shows that children are ready to learn in their earliest years, and this program provides no-cost opportunities for learning from birth through age four. ʻOhana Readers encourages family read-aloud time, an activity that increases the vocabulary and language skills of our children and contributes to their growing knowledge of the world,” said Amano-Ige. “This program encourages the youngest members of our community to develop a love of reading that will be important throughout their entire lives. The Hawai‘i  State Public Library System is very excited to partner with the ʻOhana Readers program by being a place for families to sign up their little ones for story times at the Molokai Public Library to complement the books being mailed out,” said State Librarian Stacey Aldrich. “It truly takes an ‘ohana for children to thrive. This collaboration is aligned with our foundational vision; that the people of Hawai‘i are thriving. We know that early literacy builds a strong foundation for life-long learning. Family bonding and the ability to explore new worlds and ideas through literature is something all families should be afforded. DHS is proud to be a partner in this community driven effort,” said DHS Director Pankaj Bhanot. “Friends of the Library of Hawai‘i is pleased to be part of a program that helps build a life-long love of reading at home with family,” said Nainoa Mau, executive director of Friends of the Library of Hawai‘i. “Reading with our keiki is one of the best things we can do with them, and it’s something the whole family can be a part of. I am so happy that we are able to bring ‘Ohana Readers to Moloka‘i so our community can showcase this program to the rest of the state,” said Rep. Lynn DeCoite. Amano-Ige said Molokaʻi serves as the pilot program for ʻOhana Readers and she hopes to further expand this program to other communities throughout the state. The Molokaʻi program is funded through Windward Community College’s Learning to Grow (LTG) project in partnership with the Hawai‘i State Department of Human Services through monies from the Federal Child Care and Development Block Grant. For more information about the ʻOhana Readers program contact Caroline Adolpho, Moloka‘i administrator at (808) 567-9050  during office hours or email caroline.adolpho@hawaii.edu. Link to photos here. Link to video here. #HawaiiState #OhanaReaders #Literacy #Molokai #DollyParton #DamnAmanoIge #DollywoodFoundation #StaceyAldrich #PankajBhanot #FriendsOfTheLibrary #LynnDecoite #FederalChildCareAndDvelopmentBlockGrant #CarolineAdolpho

  • ANNUAL STOP FLU AT SCHOOL VACCINATION CLINICS BEGIN STATEWIDE

    HONOLULU – The Hawai‘i State Department of Health’s (DOH) annual Stop Flu at School program began this week and will continue in 185 public schools statewide through Nov. 27, 2019. The voluntary program administers free flu shots to students in kindergarten through eighth grade who are enrolled at participating schools. Approximately 31,500 students are expected to be vaccinated through the program this year. “We are glad schools and parents continue to appreciate and find value in this program,” said Health Director Bruce Anderson. “The number of students signed up to receive their flu shots through the Stop Flu at School program has been increasing in recent years.” The U.S. Centers for Disease Control and Prevention (CDC) recommends an annual flu vaccination for everyone ages six months and older. Since 2010, CDC estimates that between 130 and 1,200 children (younger than 18 years) have died from flu each year. “Vaccination is our best defense against the flu. It can help prevent illness, but more importantly, it decreases the risk of severe illness, which can result in hospitalizations and death,” said Dr. Sarah Park, state epidemiologist. “While there were no influenza-associated pediatric deaths reported in Hawai‘i during the 2018-2019 season, children, even healthy children, are hospitalized or die from the flu every year in the U.S.” Since flu can cause severe illness in people of all ages, DOH encourages everyone to talk to their healthcare provider about the vaccine and consider getting vaccinated. For those unable to be vaccinated through the Stop Flu at School program, flu vaccine is available through healthcare provider offices and clinics as well as pharmacies, for those older than age 11 years. For a list of vaccinating pharmacies statewide, visit the DOH Vaccine Locator online at http://health.hawaii.gov/docd/vaccines-immunizations/vaccine-locators/. Some locations require a prescription from the patient’s medical provider. Please contact the pharmacy or clinic to confirm vaccine availability and restrictions that may apply. DOH also recommends other flu prevention strategies, including staying home and away from other people in the house when sick, covering coughs and sneezes, and washing hands frequently. For more information about the flu, visit http://health.hawaii.gov/docd/disease_listing/influenza-flu/. To learn more about the Stop Flu at School program, go to http://health.hawaii.gov/docd/about-us/programs/stop-flu-at-school/ or call the Aloha United Way’s information and referral line at   2-1-1. About Stop Flu at School Stop Flu at School, Hawai‘i’s school-located vaccination program, is an innovative partnership between the State of Hawai‘i Departments of Health and Education. This program is endorsed by the Hawai‘i Chapter of the American Academy of Pediatrics and the Hawai‘i Association of Family Practitioners and is paid for by federal funds and contributions from health insurers. PDF: Annual Stop Flu at School vaccination clinics begin statewide #FightTheFlu #StopTheFlu #AlohaUnitedWay #HawaiiDepartmentofHealth #flushot #t #SarahPark #CentersforDiseaseControlPrevention #CDC #HawaiiHealth #fluseason #influenza #pharmacist #health #getyourflushot #flu #vaccine #vacinateyourkids #d #vaccinessaveslives #vaccination #fluclinics

  • Hawaii Attorney General Continues Opposition to Trump Administration Rule Restricting Asylum Access

    HONOLULU – Attorney General Clare E. Connors joined a multistate coalition, led by California and Massachusetts, in opposition to the Trump Administration’s rule illegally limiting access to the asylum process. Under the rule, individuals entering the United States at the southern border, except in limited circumstances, are no longer able to seek asylum unless they applied for and were denied protection in at least one country they transited through prior to their arrival. In an amicus brief in support of a lawsuit brought by the American Civil Liberties Union in East Bay Sanctuary Covenant v. Barr, the attorneys general urge the U.S. Court of Appeals for the Ninth Circuit to uphold the district court’s ruling on the preliminary injunction. “The rule was issued in violation of existing laws and harms those lawfully seeking refuge,” said Attorney General Connors. “Hawaii’s history and culture is tied to immigration, and these rules would disproportionately harm children, women, and LGBTQ asylum applicants.” In the brief, the coalition maintains that the rule significantly departs from core values enshrined in federal law and harms asylum-seekers and the states that welcome them. The rule forces asylum-seekers to go through what could amount to a fruitless asylum process in a potentially dangerous third country to even have a chance of being eligible for asylum in the United States. This unnecessarily subjects asylum-seekers to peril and trauma throughout the process and could encourage people to attempt risky journeys to enter the United States undetected in an effort to flee persecution. Moreover, the rule will have a particularly negative effect on unaccompanied children, LGBTQ applicants, and women asylum-seekers, for whom applying for asylum in a third country is extremely perilous. For example, two-thirds of LGBTQ Central American asylumseekers reportedly suffered sexual violence while transiting through Mexico and, in Guatemala, children are frequently targets of recruitment by criminal gangs. In addition, the rule will cause state agencies and non-profits to divert resources to address the added trauma asylum-seekers will suffer because of precarious conditions in third countries and will force states to lose out on the economic contributions of those who might otherwise have been welcomed to the country. Finally, in promulgating the rule, the Trump Administration failed to provide adequate notice, in violation of the Administrative Procedure Act. In filing the amicus brief, Attorney General Connors joins the attorneys general of California, Massachusetts, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia. A copy of the brief is available here. In a September decision, the U.S. Supreme Court stayed a nationwide preliminary injunction pending subsequent proceedings that are currently before the U.S. Court of Appeals for the Ninth Circuit. #Asylum #AsylumSeekers #AdministrativeProcedureAct #ClareConnors #HawaiiAttorneyGeneral #LGBTZ

  • Governor Ige appoints Kelsey Kawano to Maui’s Circuit Court

    HONOLULU – Gov. David Ige has appointed Judge Kelsey Kawano to fill the vacancy on the Circuit Court of the Second Circuit (Maui). The judicial office has been vacant since the retirement of Circuit Judge Joseph E. Cardoza in June 2019. Kawano currently serves as deputy chief judge and district judge at the District Court of the Second Circuit. He previously worked as an attorney in private practice. Kawano earned his Juris Doctor degree from the University of Washington, School of Law. He also earned his Bachelor of Business Administration degree from the University of Hawaiʻi at Mānoa. Kawano was one of four nominees chosen by the Judicial Selection Commission. The commission submitted the names to Gov. Ige on Sept. 20. The governor conducted interviews and reviewed public comments on the nominees before making his selection. Kawano’s appointment is subject to Senate confirmation. #KelseyKawano #MauiJudge #HawaiiState #HawaiiJudiciary #DavidIge #HawaiiStateSenate #HawaiiSenate #JudicialNominee

  • Johnson & Johnson Voluntarily Recalls Single Lot of Johnson’s Baby Powder in The United States

    Company is Acting Out of an Abundance of Caution Recall Limited to One Lot of Bottles Produced and Shipped in the U.S. in 2018 NEW BRUNSWICK, NJ, October 18, 2019 – Out of an abundance of caution, Johnson & Johnson Consumer Inc. (JJCI) announced that it is initiating a voluntary recall in the United States of a single lot of its Johnson’s Baby Powder in response to a U.S. Food and Drug Administration (FDA) test indicating the presence of sub-trace levels of chrysotile asbestos contamination (no greater than 0.00002%) in samples from a single bottle purchased from an online retailer. Despite the low levels reported and in full cooperation and collaboration with the FDA, JJCI is initiating this voluntary recall of Lot #22318RB of Johnson’s Baby Powder, from which the tested sample was taken. In parallel, JJCI has immediately initiated a rigorous, thorough investigation into this matter, and is working with the FDA to determine the integrity of the tested sample, and the validity of the test results. At this early stage of the investigation, JJCI: Cannot confirm if cross-contamination of the sample caused a false positive. Cannot confirm whether the sample was taken from a bottle with an intact seal or whether the sample was prepared in a controlled environment. Cannot confirm whether the tested product is authentic or counterfeit. JJCI has a rigorous testing standard in place to ensure its cosmetic talc is safe and years of testing, including the FDA’s own testing on prior occasions--and as recently as last month--found no asbestos. Thousands of tests over the past 40 years repeatedly confirm that our consumer talc products do not contain asbestos. Our talc comes from ore sources confirmed to meet our stringent specifications that exceed industry standards. Not only do we and our suppliers routinely test to ensure our talc does not contain asbestos, our talc has also been tested and confirmed to be asbestos-free by a range of independent laboratories, universities and global health authorities. For 133 years, the Johnson & Johnson Family of Companies have been committed to putting the needs and well-being of the people we serve first, and we will continue to do so. If you or someone you provide care for owns a bottle of Johnson’s Baby Powder Lot #22318RB, you are advised to discontinue use of the product. For refund information, contact the Johnson & Johnson Consumer Care Center at www.johnsonsbaby.com or by calling +1 (866) 565-2229. NOTE TO INVESTORS CONCERNING FORWARD-LOOKING STATEMENTS: This press release contains "forward-looking statements" as defined in the Private Securities Litigation Reform Act of 1995 regarding the voluntary recall of one lot of Johnson’s Baby Powder. The reader is cautioned not to rely on these forward-looking statements. The forward-looking statements in this press release are based on current expectations of future events. If underlying assumptions prove inaccurate or known or unknown risks or uncertainties materialize, actual results could vary materially from the expectations and projections Johnson & Johnson Consumer Inc. and/or Johnson & Johnson. Risks and uncertainties include, but are not limited to: product efficacy or safety concerns resulting in product recalls or regulatory action; significant adverse litigation or government action, including related to product liability claims; uncertainty of commercial success for new and existing products; the ability of the company to successfully execute strategic plans; manufacturing difficulties or delays, internally or within the supply chain; changes to applicable laws and regulations; changes in behavior and spending patterns of purchasers of health care products and services; and increased scrutiny of the health care industry by government agencies. A further list and descriptions of these risks, uncertainties and other factors can be found in Johnson & Johnson's Annual Report on Form 10-K for the fiscal year ended December 30, 2018, including in the sections captioned "Cautionary Note Regarding Forward-Looking Statements" and "Item 1A. Risk Factors," in the company's most recently filed Quarterly Report on Form 10-Q and in the company's subsequent filings with the Securities and Exchange Commission. Copies of these filings are available online at www.sec.gov, www.jnj.com or on request from Johnson & Johnson. Any forward-looking statement made in this release speaks only as of the date of this release. Neither Johnson & Johnson Consumer Inc. nor Johnson & Johnson undertakes to update any forward-looking statement as a result of new information or future events or developments. The Company expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this press release. #JohnsonAndJohnson #BabyPowder #Recall #Asbestos #FDA #PublicSafetyAlert Source: https://www.jnj.com/johnson-johnson-consumer-inc-to-voluntarily-recall-a-single-lot-of-johnsons-baby-powder-in-the-united-states

  • AG Clare Connors Defends Vermont’s Right to Ban Large-Capacity Magazines

    HONOLULU – Attorney General Clare E. Connors joined a group of 18 state Attorneys General to defend Vermont’s right to ban large-capacity magazines and protect public safety. In a friend-of-the-court brief filed in the Vermont Supreme Court, AG Connors and her counterparts argue that states have the right to enact reasonable firearm restrictions that reduce the number of deaths and injuries caused by gun violence. “The Vermont law provides reasonable restrictions and is constitutional,” said Attorney General Connors. “States need to be able to address gun violence on their own terms and in a manner suited to their needs.” The District of Columbia and partner states filed an amicus brief in State of Vermont v. Max B. Misch, a suit in which the Vermont Supreme Court will determine whether Vermont’s prohibition on large-capacity magazines violates the Vermont Constitution’s right to bear arms. In 2018, Vermont prohibited the manufacture, importation, possession, and sale of large-capacity magazines, with some exceptions, including for magazines lawfully possessed before the law went into effect. The law bans magazines that hold more than 10 rounds of ammunition for long guns and more than 15 rounds for handguns. Eight other states and the District of Columbia have enacted similar prohibitions. The constitutionality of those laws has been consistently upheld by federal courts of appeals under the Second Amendment, which the U.S. Supreme Court has recognized as “analogous” to Vermont’s right-to-bear-arms provision. In the brief, the states collectively argue that a ban on large-capacity magazines is a reasonable restriction that Vermont has the right to adopt because: • The right to bear arms does not prevent states from enacting commonsense gun safety measures: The brief explains that states are entitled to adopt reasonable restrictions on firearms to address the unique conditions within their borders and protect public safety. Restricting access to large-capacity magazines is a reasonable restriction because it would reduce firearm injuries and deaths while leaving many other options open for individuals who wish to exercise their right to self-defense. • States have a responsibility to prevent gun violence and protect public safety: The brief notes that states have primary responsibility for ensuring public safety. This includes a duty to reduce the likelihood that their citizens will fall victim to preventable firearm violence, and to minimize fatalities and injuries when that violence does occur. The brief notes that because there are local and regional differences that contribute to gun violence, deciding how best to protect the safety of state residents is a question better suited to legislatures than courts. • Regulating large-capacity magazines protects the public: The brief cites evidence that large-capacity magazines are especially attractive to mass shooters and criminals, posing increased risks to innocent civilians and law enforcement. Restricting large-capacity magazines means a mass shooter must reload or switch weapons, giving bystanders more opportunities to flee, take shelter, or intervene. At the same time, there is no proof that large-capacity magazines are necessary—or even commonly used—for self-defense. The brief is available here. The coalition was led by District of Columbia AG Karl Racine and was joined by Attorneys General from California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Virginia, and Washington. #VermontBan #LargeCapacityMagazines #PreventGunViolence #ClareConnors #MaxMisch #gunSafety #PublicSafety #HawaiiState #HawaiiAttorneyGeneral

  • HAWAII’S UNEMPLOYMENT RATE REMAINS AT 2.7% IN SEPTEMBER

    HONOLULU — The Hawai‘i State Department of Labor & Industrial Relations (DLIR) today announced that the seasonally adjusted unemployment rate for September was 2.7 percent, the same rate as in August. Statewide, 642,650 were employed and 17,750 unemployed in September for a total seasonally adjusted labor force of 660,400. Nationally, the seasonally adjusted unemployment rate was 3.5 percent in September, compared to 3.7 percent in June through August. Both Initial claims and weeks claims decreased by 262 or -19.8 percent and 545 or -7.9 percent respectively for unemployment benefits compared to one year ago. Over-the-month both initial claims and weeks claims also declined by -5.7 percent and -5.2 percent respectively in September 2019. The unemployment rate figures for the State of Hawai‘i and the U.S. in this release are seasonally adjusted, in accordance with the U.S. Bureau of Labor Statistics (BLS) methodology. The not seasonally adjusted rate for the State was 2.8 percent in September, compared to the revised rate of 2.6 percent in August. Industry Payroll Employment (Establishment Survey) In another measure of employment, total nonagricultural jobs increased by 4,500 over-the-month. Among the major industries, there were job gains in Construction (+1,000), Financial Activities (+400), Leisure & Hospitality (+400), Professional & Business Services (+300), Manufacturing (+100), Trade, Transportation, & Utilities (+100), and Information (+100). Job losses occurred in Other Services (-100) and Education & Health Services (-200). Government went up by 2,400 jobs, as a biennial seasonal function of not needing to release primary election workers from the prior month. In comparison with September 2018, total nonfarm jobs have expanded by 6,900, or 1.1 percent. Technical Notes Seasonal Adjustment The seasonal fluctuations in the number of employed and unemployed persons reflect hiring and layoff patterns that accompany regular events such as the winter holiday season and the summer vacation season. These variations make it difficult to tell whether month-to-month changes in employment and unemployment are due to normal seasonal patterns or to changing economic conditions. Therefore, the BLS uses a statistical technique called seasonal adjustment to address these issues. This technique uses the history of the labor force data and the job count data to identify the seasonal movements and to calculate the size and direction of these movements. A seasonal adjustment factor is then developed and applied to the estimates to eliminate the effects of regular seasonal fluctuations on the data. Seasonally adjusted statistical series enable more meaningful data comparisons between months or with an annual average. Current Population (Household) Survey (CPS) A survey conducted for employment status in the week that includes the 12th day of each month generates the unemployment rate statistics, which is a separate survey from the Establishment Survey that yields the industry job counts. The CPS survey contacts approximately 1,000 households in Hawai‘i to determine an individual’s current employment status. Employed persons consist of: 1) all persons who did any work for pay or profit during the survey reference week, 2) all persons who did at least 15 hours of unpaid work in a family-owned enterprise operated by someone in their household, and 3) all persons who were temporarily absent from their regular jobs, whether they were paid or not. Persons considered unemployed are ones that do not have a job, have actively looked for work in the prior four weeks and are available for work. Temporarily laid off workers are counted as unemployed, whether they have engaged in a specific job seeking activity. Persons not in the labor force are those who are not classified as employed or unemployed during the survey reference week. Benchmark Changes to Local Area Unemployment Statistics Data Statewide and substate data for 2014-2018 have been re-estimated to reflect revised population controls and model reestimation, and for seasonally adjusted data, new seasonal adjustment. Change to Monthly Employment Estimates This release incorporates revised job count figures for 2014-2018 for the seasonally adjusted series. The reconstructed data reflects data from historical corrections applied to unadjusted supersector or sector level series. For years, analysts with the State DLIR’s Research and Statistics Office have developed monthly employment estimates for Hawai‘i and our metropolitan areas. These estimates were based on a monthly survey of Hawai‘i businesses and analysts’ knowledge about our local economies. Beginning with the production of preliminary estimates for March 2011, responsibility for the production of State and metropolitan area (MSA) estimates was transitioned from individual state agencies to the U.S Bureau of Labor Statistics (BLS). For Hawai‘i, this means the transition of statewide, Honolulu and Kahului-Wailuku-Lahaina MSA areas. State agencies will continue to provide the BLS with information on local events that may affect the estimates, such as strikes or large layoffs/hiring at businesses not covered by the survey and to disseminate and analyze the Current Employment Statistics (CES) estimates for local data users. BLS feels this change is designed to improve the cost efficiency of the CES program and to reduce the potential bias in state and area estimates. A portion of the cost savings generated by this change is slated to be directed towards raising survey response rates in future years, which will decrease the level of statistical error in the CES estimates. Until then, state analysts feel this change could result in increased month-to-month variability for the industry employment numbers particularly for Hawai‘i’s counties and islands. Seasonally Adjusted Labor Force and Unemployment Estimates for Honolulu and Maui County BLS publishes smoothed seasonally adjusted civilian labor force and unemployment estimates for all metropolitan areas, which includes the City and County of Honolulu and Maui County. BLS releases this data each month in the Metropolitan Area Employment and Unemployment news release. The schedule is available at http://www.bls.gov/news.release/metro.toc.htm. Alternative Measures of Labor Underutilization Alternative Measures of Labor Underutilization for States, third quarter of 2018 through second quart of 2019 averages. The six alternative labor underutilization state measures based on the Current Population Survey (CPS) and compiled on a 4-quarter moving average basis defined: U-1, persons unemployed 15 weeks or longer, as a percent of the civilian labor force; U-2, job losers and persons who completed temporary jobs, as a percent of the civilian labor force; U-3, total unemployed, as a percent of the civilian labor force (this is the definition used for the official unemployment rate); U-4, total unemployed plus discouraged workers, as a percent of the civilian labor force plus discouraged workers; U-5, total unemployed, plus discouraged workers, plus all other marginally attached workers*, as a percent of the civilian labor force plus all marginally attached workers; and U-6, total unemployed, plus all marginally attached workers, plus total employed part time for economic reasons, as a percent of the civilian labor force plus all marginally attached workers. * Individuals who want, and are available for work, and who have looked for a job sometime in the prior 12 months (or since the end of their last job if they held one within the past 12 months), but were not counted as unemployed because they had not searched for work in the four weeks preceding the survey, for such reasons as child care or transportation problems, for example. Discouraged workers are a subset of the marginally attached. Note that, the state unemployment rates (U-3) that are shown are derived directly from the CPS. As a result, these U-3 measures may differ from the official state unemployment rates for the latest 4-quarter period. The latter are estimates developed from statistical models that incorporate CPS estimates, as well as input data from other sources, such as state unemployment claims data. Equal Opportunity Employer/Program Auxiliary aids and services are available upon request to individuals with disabilities. TDD/TTY Dial 711 then ask for (808) 586-8866 #DLIR #HawaiiDepartmentofLaborIndusrialRelations #UnemploymentRate #IndustryPayroll #StateofHawaii #LaborUnderutilization #Jobs

  • OFFICE OF CONSUMER PROTECTION ANNOUNCES $116.9 MILLION MULTISTATE SETTLEMENT WITH JOHNSON & JOHNSON,

    The State of Hawaii Office of Consumer Protection today announced a multistate settlement along with 40 states and the District of Columbia requiring Johnson & Johnson and its subsidiary Ethicon, Inc. to pay nearly $116.9 million for their deceptive marketing of transvaginal surgical mesh devices. A multistate investigation found the companies violated state consumer protection laws by misrepresenting the safety and effectiveness of the devices and failing to sufficiently disclose risks associated with their use. Hawaii will receive approximately $1.5 million under the settlement. “This settlement holds Johnson & Johnson and Ethicon, Inc. accountable for engaging in the allegedly deceptive marketing of its surgical mesh products as safe when there was substantial evidence that these devices could expose women to a host of dangerous complications,” said Stephen Levins, executive director of the State of Hawaii Office of Consumer Protection. Transvaginal surgical mesh is a synthetic material that is surgically implanted through the vagina to support the pelvic organs of women who suffer from stress urinary incontinence or pelvic organ prolapse. The multistate investigation found the companies misrepresented or failed to adequately disclose the products’ possible side effects, including the risk of chronic pain and inflammation, mesh erosion through the vagina, incontinence developing after surgery, painful sexual relations, and vaginal scarring.  Evidence shows the companies were aware of the possibility for serious medical complications but did not provide sufficient warnings to consumers or surgeons who implanted the devices. Under the settlement, Johnson & Johnson has agreed to pay $116.86 million to the 41 participating states and District of Columbia. The settlement also provides injunctive relief, requiring full disclosure of the device’s risks and accurate information on promotional material, in addition to the product’s “information for use” package inserts. Among the specific requirements, the companies must: Refrain from referring to the mesh as “FDA approved” when that is not the case Refrain from representing in promotions that risks associated with mesh can be eliminated with surgical experience or technique alone Ensure that product training provided to medical professionals covers the risks associated with the mesh Omit claims that surgical mesh stretches after implantation, that it remains soft after implantation, that foreign body reactions are transient and that foreign body reactions “may” occur (when in fact they will occur) Disclose that mesh risks include: fistula formation, inflammation, as well as mesh extrusion, exposure and erosion into the vagina and other organs Disclose risks of tissue contraction, pain with intercourse, loss of sexual function, urge incontinence, de novo incontinence, infection following transvaginal implantation and vaginal scarring Disclose that risks include that revision surgeries may be necessary to treat complications, that revision surgeries may not resolve complications and that revision surgeries are also associated with a risk of adverse reactions Joining Hawaii in this multistate settlement are Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, and Wisconsin. #JohnsonAndJohnson #Pharmaceuticals #TransvaginalSurgicalMesh #ethicon #AlanWilson #MeshErosion #StephenLevins #LawsuitSettlement #MultistateSettlement

  • FLAGS TO FLY AT HALF-STAFF IN MEMORY OF U. S. REPRESENTATIVE ELIJAH E. CUMMINGS

    HONOLULU – At the direction of the President of the United States, Gov. David Ige has ordered that the United States flag and the Hawai‘i state flag will be flown at half-staff at the State Capitol and upon all state offices and agencies as well as the Hawai‘i National Guard in the State of Hawai‘i, beginning immediately, and they will remain at half-staff through tomorrow, Oct. 18, 2019, in memory of U.S. Rep. Elijah E. Cummings (D-MD 7th District). The presidential proclamation. #ElijahCummings #USRepresentative #Baltimore #CivilRightsLaeder #HouseOversightandReformCommittee #WeAreBetterThanThis

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