Section 388-10 - Penalties(a) Civil. Any employer who fails to pay wages in accordance with this chapter without equitable justification or violates this chapter or the administrative rules adopted under this chapter shall be liable: (1) To the employee, in addition to the wages legally proven to be due, for a sum equal to the amount of unpaid wages and interest at a rate of six per cent per year from the date that the wages were due; and(2) For a penalty of not less than $500 or $100 for each violation, whichever is greater. The penalty shall be deposited into the labor law enforcement special fund.(b) Criminal.(1) Any employer who does not pay the wages of any of the employer's employees in accordance with this chapter, or any officer of any corporation who knowingly permits the corporation to violate this chapter by failing to pay wages of any of its employees in accordance with 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. Each violation shall be deemed a separate offense.(2) 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, or 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, or any employer who wilfully fails to comply with any other requirements of this chapter shall be fined not less than $100 nor more than $10,000 or imprisoned for not more than one year, or punished by both fine and imprisonment for each such offense.Amended by L 2022, c 300,§ 3, eff. 7/12/2022.Amended by L 2018, c 187,§ 2, eff. 7/1/2018.Amended by L 2017, c 135,§ 3, eff. 7/10/2017.L 1963, c 158, pt of §3; am L 1965, c 77, §1(b); Supp, § 95-9; HRS § 388-10; am L 1977, c 89, §1; gen ch 1985; am L 1994, c 84, §1; am L 1999, c 22, §1 Hawaii Legal Reporter Citations
Civil penalty justified. 82-2 HLR 820908.
Employer has burden of proving "equitable justification" for failure to pay wages; civil penalty justified. 5 H. App. 106, 679 P.2d 627.