Penalties; collection of unpaid wages; injunctions; etc
HRS §387-12
in effect387-12. Penalties; collection of unpaid wages; injunctions; etc
(a) Criminal.
(1) Any person divulging information in violation of
section 387-8;
(2) Any employer who wilfully violates this chapter
or of any rule, regulation, or order issued under the authority of this
chapter; or
(3) Any employer or the employer's agent or any
officer or agent of a corporation who discharges or in any other manner
discriminates against any employee because the employee has made a complaint to
the employee's employer, to the director, or to any other person that the
employee has not been paid wages in accordance with this chapter, or has
instituted or caused to be instituted any proceeding under or related to this
chapter, or has testified or is about to testify in any such proceedings,
shall
be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a
fine of not less than $500 nor more than $5,000, or by imprisonment for a
period not to exceed one year, or by both fine and imprisonment; and
(4) Any employer or the employer's agent or any
officer or agent of a corporation who pays or agrees to pay any employee
compensation less than that which the employee is entitled to under this
chapter, shall be guilty of a class C felony and, notwithstanding section
706-640, be subject to a fine of not less than $500 per offense; provided that
each violation shall be deemed a separate offense.
(b) Liability to employee. Any employer who
violates any provision of sections 387-2 and 387-3 shall be liable to the
employee or employees affected in the amount of their unpaid minimum wages or
unpaid overtime compensation, and in case of wilful violation in an additional
equal amount as liquidated damages.
(c) Collection suits; attorney's fee;
assignments; relief from costs. Action to recover such liability may be
maintained in any court of competent jurisdiction by any one or more employees
for and in behalf of oneself or themselves and other employees similarly
situated, or the employee or employees may designate an agent or representative
to maintain action for and in behalf of all employees similarly situated. The
court in such action shall, in addition to any judgment awarded to the
plaintiff or plaintiffs, in the event the plaintiff or plaintiffs prevail,
allow a reasonable attorney's fee to be paid by the defendant and costs of the
action. At the request of any person paid less than the amount to which the
person is entitled under this chapter, the director may take an assignment in
trust for the assigning employee of the full amount to which the employee is
entitled under this subsection and may bring any legal action necessary to
collect the claim, and the employer shall be required to pay the costs and such
reasonable attorney's fees as may be allowed by the court in the event the
director prevails. The director shall not be required to pay the filing fee or
other costs in connection with such action, including the opposing party's
attorney's fees and costs. The director, in case of suit, may join various
claimants against the same employer in one cause of action. The right provided
by this subsection to bring an action by or on behalf of any employee, and the
right of any employee to become a party plaintiff to any such action, shall
terminate upon the filing of a complaint by the director in an action in which
restraint is sought of any further delay in the payment of unpaid minimum
wages, or the amount of unpaid overtime compensation owing to the employee
under section 387-2 or 387-3 by an employer liable therefor under this section.
(d) Injunctions.
(1) Whenever it appears to the director that any
employer is engaged in any act or practice which constitutes or will constitute
a violation of this chapter, or of any regulation, the director may in the
director's discretion bring an action in the circuit court of the circuit in
which it is charged the act or practice complained of occurred to enjoin the
act or practice and to enforce compliance with this chapter or with the
regulation, and upon a proper showing, a permanent or temporary injunction or
decree or restraining order shall be granted without bond.
(2) The circuit courts shall have jurisdiction, for
cause shown, to restrain any withholding of payment of minimum wages or
overtime compensation found by the court to be due to employees under section
387-2 or 387-3.
(e) Restitution of illegal deductions; effect
of. Whenever in the course of an inspection made for the purposes of this
chapter it is determined that there has been an illegal deduction of wages
under chapter 388, the director or the director's authorized representative may
secure restitution of such deductions. If the restitution is made, no
prosecution under chapter 388 shall be instituted or maintained. [L Sp 1941, c
66, §10; am L 1943, c 159, §4; RL 1945, §4363; am L 1945, c 15, §1(3), (4); RL
1955, §94-13; am L 1963, c 49, §§1, 2 and c 158, §2; am L 1965, c 132, §1(e);
HRS §387-12; gen ch 1985; am L 1999, c 251, §3; am L 2020, c 44, §11; am L
2022, c 300, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0387/HRS_0387-0012.htmFetched: 11/10/2026