Violations; penalties
HRS §104-24
in effect104-24. Violations; penalties
(a) Where the department finds that a first violation of this chapter has been committed, the department, after proper notice and opportunity for hearing, shall assess and order the person or firm in violation to be jointly and severally liable for a penalty equal to twenty-five per cent of the amount of back wages found due or $250 for each offense, up to $2,500, whichever is greater.
(b) Where the department finds that a second
violation of this chapter has been committed, whether on the same or another
contract, within two years of the first notification of violation, the
department, after proper notice and opportunity for hearing, shall assess and
order the person or firm in violation to be jointly and severally liable for a
penalty equal to the amount of back wages found due or $500 for each offense,
up to $5,000, whichever is greater.
(c) Where the department finds that a third
violation of this chapter has been committed, whether on the same or another
contract, within three years of the second notification of violation, the
department, after proper notice and opportunity for hearing, shall assess and
order the person or firm in violation to be:
(1) Jointly and severally liable for a penalty equal
to two times the amount of back wages found due or $1,000 for each offense, up
to $10,000, whichever is greater; and
(2) Suspended from doing any new work on any public
work of a governmental contracting agency for a period of three years except as
provided in section 104-25(a)(2). The suspension shall be effective on the
later of the twenty-first day after the notification of violation has been
sent, or upon the issuance of a decision pursuant to section 104-23(c).
(d) A first, second, or third violation refers
to each project in which the department finds that a contractor has failed to
comply with this chapter.
(e) Both the person and firm shall be listed
on each notice of violation.
(f) For purposes of this section:
"Firm" includes a corporation,
limited liability company, partnership, and limited partnership.
"New work on any public work"
includes any public works project in which the suspended person or firm has not
begun work at the job site as of the date of the suspension order.
"Offense" means each section of this
chapter under which the contractor is cited; provided that, with respect to
prevailing wage and overtime citations under section 104-2, each employee and
each project shall be considered a separate offense.
"Person" includes a sole proprietor
and the principal responsible managing employee that holds the contractors
license of the firm.
[L 1995, c 181, pt of §2; am L 1999, c 251, §1; am L 2011,
c 160, §2; am L 2014, c 130, §6; am L 2016, c 192, §1; am L 2023, c 51, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0104/HRS_0104-0024.htmFetched: 11/10/2026