Report Title:
Wages; Enforcement and Penalties
Description:
Requires the director of DLIR to impose fines for violations of chapter 388. Provides for a hearing on appeal of a fine. (SD1)
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THE SENATE |
S.B. NO. |
1044 |
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TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to wages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 388, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§388- Fines. (a) In addition to pursuing penalties authorized in section 388-10, the director shall impose a fine on any employer who is found to be in violation of this chapter without equitable justification. The fines imposed shall be as follows:
(1) The amount of $25 or ten per cent of the amount of wages due, whichever is greater, for each violation as a result of a first substantiated complaint; and
(2) The amount of $100 or the amount of the wages due, whichever is greater, for each violation as a result of any substantiated complaint within two years of the first substantiated complaint.
Fines collected by the director shall be paid into the general fund.
(b) A hearing on the written notice of appeal of the fines shall be held by a hearings officer appointed by the director in conformance with chapter 91."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2005.