§387-12  Penalties; collection of unpaidwages; injunctions; etc.  (a)  Criminal.  (1) Any person divulginginformation in violation of section 387-8, or (2) any employer who wilfullyviolates this chapter or of any rule, regulation, or order issued under theauthority of this chapter, or (3) any employer or the employer's agent or anyofficer or agent of a corporation who discharges or in any other mannerdiscriminates against any employee because the employee has made a complaint tothe employee's employer, to the director, or to any other person that theemployee has not been paid wages in accordance with this chapter, or hasinstituted or caused to be instituted any proceeding under or related to thischapter, or has testified or is about to testify in any such proceedings, or(4) any employer or the employer's agent or any officer or agent of acorporation who pays or agrees to pay any employee compensation less than thatwhich the employee is entitled to under this chapter, shall be guilty of amisdemeanor and, upon conviction thereof, shall be punished by a fine of notless than $50 nor more than $500 or by imprisonment for a period not to exceedone year or by both such fine and imprisonment.

(b)  Liability to employee.  Any employer whoviolates any provision of sections 387-2 and 387-3 shall be liable to theemployee or employees affected in the amount of their unpaid minimum wages orunpaid overtime compensation, and in case of wilful violation in an additionalequal amount as liquidated damages.

(c)  Collection suits; attorney's fee;assignments; relief from costs.  Action to recover such liability may bemaintained in any court of competent jurisdiction by any one or more employeesfor and in behalf of oneself or themselves and other employees similarlysituated, or the employee or employees may designate an agent or representativeto maintain action for and in behalf of all employees similarly situated.  Thecourt in such action shall, in addition to any judgment awarded to theplaintiff or plaintiffs, in the event the plaintiff or plaintiffs prevail,allow a reasonable attorney's fee to be paid by the defendant and costs of theaction.  At the request of any person paid less than the amount to which theperson is entitled under this chapter, the director may take an assignment intrust for the assigning employee of the full amount to which the employee isentitled under this subsection and may bring any legal action necessary tocollect the claim, and the employer shall be required to pay the costs and suchreasonable attorney's fees as may be allowed by the court in the event thedirector prevails.  The director shall not be required to pay the filing fee orother costs in connection with such action, including the opposing party'sattorney's fees and costs.  The director, in case of suit, may join variousclaimants against the same employer in one cause of action.  The right providedby this subsection to bring an action by or on behalf of any employee, and theright of any employee to become a party plaintiff to any such action, shallterminate upon the filing of a complaint by the director in an action in whichrestraint is sought of any further delay in the payment of unpaid minimumwages, or the amount of unpaid overtime compensation owing to the employeeunder section 387-2 or 387-3 by an employer liable therefor under this section.

(d)  Injunctions.  (1)  Whenever it appears tothe director that any employer is engaged in any act or practice whichconstitutes or will constitute a violation of this chapter, or of anyregulation, the director may in the director's discretion bring an action inthe circuit court of the circuit in which it is charged the act or practicecomplained of occurred to enjoin the act or practice and to enforce compliancewith this chapter or with the regulation, and upon a proper showing, apermanent or temporary injunction or decree or restraining order shall begranted without bond.

(2)  The circuit courts shall havejurisdiction, for cause shown, to restrain any withholding of payment ofminimum wages or overtime compensation found by the court to be due toemployees under section 387-2 or 387-3.

(e)  Restitution of illegal deductions; effectof.  Whenever in the course of an inspection made for the purposes of this chapterit is determined that there has been an illegal deduction of wages underchapter 388, the director or the director's authorized representative maysecure restitution of such deductions.  If the restitution is made, noprosecution under chapter 388 shall be instituted or maintained. [L Sp 1941, c66, §10; am L 1943, c 159, §4; RL 1945, §4363; am L 1945, c 15, §1(3), (4); RL1955, §94-13; am L 1963, c 49, §§1, 2 and c 158, §2; am L 1965, c 132, §1(e);HRS §387-12; gen ch 1985; am L 1999, c 251, §3]

 

Rules of Court

 

  Collection suits, maintenance of, see HRCP rules 17(a),18(a), 20, 23.

  Injunctions, see HRCP rule 65.