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Hawaii Wage and Hour Investigations: What you need to know

Employers in Hawaii must maintain employment records for each employee, including the amount paid per pay period and the hours worked each day and each workweek. The director of the Department of Labor and Industrial Relations (or his or her authorized representative) is authorized by law to enter a place of employment to examine and copy those records and to question employees about wage and hour issues during working hours (HI Rev. Stat. Sec. 387-6). The director is authorized to administer oaths, take depositions, and require, by subpoena, witnesses to attend a proceeding, provide testimony, or produce relevant records (HI Rev. Stat. Sec. 387-7).
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The following willful violations are punishable by a fine of up to $500, imprisonment, or both:
· Hindering or delaying an investigation;
· Refusing to admit the director to the place of employment;
· Refusing to provide access to pertinent records;
· Failing to meet recordkeeping requirements or falsifying a record;
· Discharging or discriminating against an employee for making a wage complaint, causing such a proceeding, or testifying or planning to testify at such a proceeding; or
· Paying or agreeing to pay an employee less than what he or she is entitled to (HI Rev. Stat. Sec. 387-7 and Sec. 387-12).
Minimum wage and overtime. An employer who violates the state's minimum wage and overtime provisions must pay the unpaid wages due to the affected employee. If the violation was willful, the employer must pay double the amount due. In addition, a court may order the employer to pay costs and reasonable attorney's fees (HI Rev. Stat. Sec. 387-12). There is additional information and details.
Payment of wages. Employers who violate Hawaii's wage ...

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