Being paid for the work you do is the most basic right of every worker.  Hawaii has minimum wage laws and overtime compensation laws designed to ensure that all Hawaii workers receive fair compensation for services and work rendered.  

• As of January 1, 2018, the minimum wage in Hawaii is $10.10 per hour. 

• Workers are entitled to overtime compensation at the rate of one and one-half times the regular rate of pay for time worked over 40 hours a week. 

• Note: These provisions may not apply to independent contractors or part-time employees. 

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Statistics compiled by the Federal Department of Labor reveal that millions of dollars of back-pay were recovered from employers over the years.  These numbers tell us that many employers (knowingly or unknowingly) violate Wage & Hour laws. 

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Keeping track of the hours worked and how much compensation is owed to you is an important way of ensuring that your employer is satisfying their obligations under the law.  Any worker who has not been paid all the wages they have legally earned, may have a viable claim against their employer and may be able to recover back-wages. 

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Hawaii's Wage & Hour laws are very similar and considered a counterpart to the Federal Labor Standards Act (FLSA) which also holds employers liable for unpaid wages or unapid overtime compensation.  Legal claims may be brought under both State and Federal law and in certain situations an award may include "liquidated damages," which requires employers to pay double the amount of unpaid wages.

If you've identified that your employer has not been compensating you properly for work or services rendered, you should contact an attorney.  If you decide to report directly to your human resources division, make sure you comply with your company's policies. 

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Comply with Internal Procedure: 

• Follow the company's internal protocols for submitting complaints; 

• Make sure that your complaint is submitted in writing;

• Your written complaint should be worded as polite as can be (avoid lashing out) and it should include details describing why you are owed backpay; 

• Be the best employee you can be  Don't give your employer a reason to fire you; and

• Document everything that happens.  A successful case will depend in large part on a clear timeline of events. 

• If you need additional assistance, or have questions, feel free to contact the Sapolu Law Office or submit a message below to schedule a free case evaluation. 

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Timing Limitations

​Depending on the situation, you may only be able to recover up to two years worth of backpay.  In certain situations where the employer should have known that they were underpaying employees, the courts may allow you to recover up to three years worth of back wages.  Either way, make sure you contact an attorney as soon as possible. 

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