Employment law is the umbrella term that refers to a broad range of legal issues associated with employees, employers, and the safety conditions in the workplace. Common employment laws cover employment discrimination, while others are utilized to provide guidance when creating company policies or employee handbooks. The overall intention of employment law is to protect all of those who are part of the workforce.
Labor laws fall under the umbrella of employment law and vary widely by jurisdiction. As such, the legal rights offered and protected by one state may not be available under the labor laws of another state. Additionally, some labor issues may be governed by both state and federal employment laws.
The United States Department of Labor (“DOL”) exists to ensure the fair treatment and wellbeing of employees and retirees. The DOL also assists individuals who are job searching, as well as helps employers find prospective employees.
As a regulatory department of the federal government, the DOL has the authority to create federal regulations as deemed necessary to create and enforce labor related laws and policies that have been enacted by Congress. Further, each state has its own departments of labor.
In the state of Hawaii, the Wage Standards Division (“WSD”) is the department of labor that is responsible for performing the following services:
- Conducting Investigations and Holding Hearings: The WSD is the department responsible for the investigation and hearing of any complaints regarding minimum wage, overtime, unpaid wages, illegal deductions by employers, family leave, work injury termination, prevailing wages, child labor, and lie detector tests;
- Education: The WSD is also responsible for conducting educational workshops and consultative meetings with employers, employees, business associations, labor organizations, and State, federal and county agencies on the assigned labor laws for the state of Hawaii;
- Issuing Certificates: The WSD is also responsible for issuing certificates for the employment of minors in the state, payday exceptions, and special minimum rates for certain areas of labor; and
- Ensuring Compliance of Labor Laws: The WSD is finally responsible for conducting random compliance investigations of employers who are reported as violating Hawaii labor laws.
When Must Paychecks Be Sent Out in Hawaii?
Under Hawaii payroll laws, specifically Section 388-2(a) of the Hawaii Revised Statutes, the Department of Labor for Hawaii states that every employer is required to pay their employees at least twice during each calendar month, and on regular paydays that are designated in advance by the employer.
This means that in general, all employee wages must be paid bi-montly and within seven days after the end of a pay period. However, upon good showing and reasoning, an employer may pay an employee in full once a month or pay wages within 15 days after the end of a pay period, so long as they meet the requirements under the Hawaii Revised Statutes.
Further, the Hawaii Revised Statutes require that an employee shall be paid all wages for all hours worked. Thus, if there is a dispute as to the amount of wages earned for the hours worked, the employer shall pay the employee, without any condition and within the time set by the law , all wages that are conceded by the employer to be due. Then the employee will have remedies as to any balance they claim is additionally owed to them.
It is important to note that an employee accepting payment of what they believe to not be the full amount of what they are owed does not constitute a release or accord and satisfaction with respect to the amount that they dispute. Further, any attempt at a release by an employer as a condition to payment of wages shall be considered a violation of Hawaii payroll laws.
What Happens If You Are Fired?
If you are fired in the state of Hawaii, the rights to your last paycheck will be determined by Hawaii final pay laws. Under Hawaii final pay laws, all employers in the state of Hawaii must pay employees who have been terminated, quit, laid off, or suspended their full pay for all of the hours that they worked.
Additionally, the final paycheck must be paid to the employee no later than the next regular payday, except if the employee gives at least one pay period’s notice to their employer of their intention to quit. In the case of an employee giving sufficient notice of their intent to quit, they are required to be paid all wages earned at the time of their quitting.
In the case of an employee discharging an employee, the employer is required to pay all earned wages for that employee in full at the time of their discharge. If they are not able to pay all of the earned wages at the time that the employee is discharged, they must pay the employee no later than the next working day.
Can Your Paycheck Be Garnished?
In short, yes, an individual’s paychecks may be garnished in a variety of differing situations in Hawaii. For example, a judge can order wage garnishment of a person’s paycheck in order to pay for child support they may owe, civil settlements, debt collection, or unpaid taxes that they may owe.
Importantly, an employer must follow any court order that they receive regarding wage garnishments. As such, any legal disputes an employee may have over wage garnishment must be taken up with the court that issued their paycheck to be garnished.
However, employers cannot garnish an employee’s paychecks with regard to fines, any till shortages, accepted bad checks by the employee, lost or stolen property of the business, unreturned business property, or nonpayment of goods and services related to the business. In order to garnish wages, they must obtain a court order that allows them to do so. An employee is however allowed to deduct wages with the explicit and written consent from the employee.
There is an exception to the above rule in cases where an employee willfully or intentionally disregards the employer’s interest and causes losses to the employer. For example, if an employee admits that they intentionally damaged the property of the employer, the employer may then lawfully deduct the costs of the loss, provided they get a written authorization from the employee. Further, if they do deduct from an employee’s pay, it cannot result in the employee’s wages falling below the statutory minimum wage of $7.25 per hour.
Can I Recover a Withheld Paycheck in Hawaii?
In short, yes. If a paycheck in Hawaii is illegally withheld, the paycheck can be recovered through various administrative or legal channels. Typically, the first step in recovering a withheld paycheck is to write a formal letter to the employer.
If the letter does not work, the employee may then contact the Hawaii WSD to conduct an investigation into the withheld paycheck. An employee is also legally allowed to pursue legal action against the employer for violating state paycheck laws. Once again, accepting a partial paycheck does not mean that the employee releases any legal rights to their remaining paycheck.
Where Can You Find the Right Lawyer?
If you believe that your employer has violated Hawaii paycheck laws, or has violated federal paycheck laws, it is important to consult with an experienced and local Hawaii employment lawyer.
An experienced Hawaii employment lawyer will be able to assist you in making your best legal case for recovering any lost wages, as well as holding your employer responsible for violating state laws. Additionally, an attorney will also be able to initiate a civil lawsuit, if necessary, and represent your interests in court.
