How to recover unpaid wages or a withheld final paycheck in Hawaii
In Hawaii, employees have several legal avenues to try to recover unpaid wages or a withheld final paycheck. The state allows employees to bring civil actions to recover wages, and the Department of Labor may pursue claims or take an assignment to collect unpaid wages in certain cases. Criminal penalties also apply to intentional nonpayment of wages.
Where an employer concedes part of the pay, the employer must pay the conceded amount without condition, and statutory remedies may include interest, costs, attorney fees, and in some cases restitution or fines against the employer. Wage-payment disputes can be handled through a demand letter, a state wage-claim filing, or a lawsuit, depending on the situation and available remedies.
Current Hawaii law
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The deadline that matters
For claims the director will accept, no claim will be accepted by the director after one year from the date the wages are due and payable (Haw. Rev. Stat. § 388-11).
What Hawaii law says
The law gives employees a private right to sue to recover unpaid wages, and authorizes the Director of Labor and Industrial Relations to take an assignment and bring legal action for unpaid wages in many cases, subject to a one-year filing limit for claims accepted by the director, under Haw. Rev. Stat. § 388-11. Employers must pay without condition any wages they concede are due, and releases required as a condition to payment are void, under Haw. Rev. Stat. § 388-5. If an employer issues a check or electronic transfer and the employer's account lacks funds, the employer can be liable for any bank special handling fee incurred by the employee, under Haw. Rev. Stat. § 388-5.5. Intentional or knowing nonpayment of wages can also be a criminal offense with fines and possible restitution under Haw. Rev. Stat. § 707-786.
What to do
A common first step is to send a written demand to the employer documenting the unpaid wages and the date they were due (a demand letter).
A common next step is to file a wage claim with the Hawaii Department of Labor and Industrial Relations or ask the director to take an assignment where eligible.
A common option is to bring a civil lawsuit in a court of competent jurisdiction to recover unpaid wages, interest, costs, and attorney's fees.
A common step in parallel is to document bank fees or returned-check charges caused by an employer's insufficient funds, since the employer may be liable for those fees.
A common later step is to seek enforcement of any administrative order or civil judgment, which may involve collection procedures or seeking restitution if criminal charges are pursued by authorities.
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Common questions
Can my employer be criminally charged for not paying wages?
Yes. Under state law an employer who intentionally or knowingly fails or refuses to pay wages may face criminal charges and fines, and a court may order restitution to the employee, as described in Haw. Rev. Stat. § 707-786.
Will I get interest and fees if I win a wage claim?
The statute provides that courts may allow interest at six percent per year from the date the wages were due, plus costs and reasonable attorney's fees in actions brought under the wage statutes, under Haw. Rev. Stat. § 388-11.
Can my employer force me to sign a release to get my final paycheck?
No. The law says any release required by an employer as a condition to payment is void, and employers must pay amounts they concede are due without condition, under Haw. Rev. Stat. § 388-5.
If my employer's check bounces, who pays bank fees?
If wages are paid by check or electronic transfer and the employer's account has insufficient funds, the employer is liable for any bank special handling fee the employee incurs when negotiating the payment, under Haw. Rev. Stat. § 388-5.5.
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This page provides legal information about Hawaii law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
