Unpaid Wages
HRS 388-10 — the wages, the same amount again, and interest at six per cent a year
An employer who fails to pay wages without equitable justification owes the employee, beyond the wages proven due, a sum equal to the unpaid wages and interest at six per cent a year from the date they were due. The employer is also liable for a penalty of not less than $500 or $100 per violation, whichever is greater, paid into a state labor law enforcement fund.
Who handles this in Hawaii: Wage Standards Division, Department of Labor and Industrial Relations; and legal aid programs, lawyer referral and the state offices, listed in the Hawaii directory.
- One or more employees may sue in any court with jurisdiction, and the court adds interest of six per cent a year, costs and reasonable attorney's fees.
- Except for executive, administrative, professional and outside sales employees, the director of labor and industrial relations may take an assignment of the claim and sue to collect it.
- Paying less than the minimum wage or overtime the law requires is a class C felony, with a fine of not less than $500 per offense.
Firing someone for complaining about pay. Discharging or discriminating against an employee for complaining that wages were not paid, starting a proceeding, or testifying is punishable by a fine of not less than $100 nor more than $10,000, up to one year in jail, or both.
Sources for this section (3)
- HRS 388-10 — Penalties
- HRS 388-11 — Employees remedies
- HRS 387-12 — Penalties; collection of unpaid wages; injunctions; etc
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.