§387-12 Penalties; collection of unpaid wages; injunctions; etc. (a) Civil. Any employer who fails to pay wages in accordance with this chapter without equitable justification or violates this chapter or the rules adopted under this chapter shall be liable:
(b) Criminal.
shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $500 nor more than $5,000, or by imprisonment for a period not to exceed one year, or by both fine and imprisonment; and
(c) Collection suits; attorney's fee; assignments; relief from costs. Action to recover the liability may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of oneself or themselves and other employees similarly situated, or the employee or employees may designate an agent or representative to maintain action for and in behalf of all employees similarly situated. The court in the action shall, in addition to any judgment awarded to the plaintiff 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 the action. At the request of any person paid less than the amount to which the person is entitled under this chapter, the director may take an assignment in trust for the assigning employee of the full amount to which the employee is entitled under this subsection and may bring any legal or administrative action necessary to collect the claim, and the employer shall be required to pay the costs and reasonable attorneys' fees as may be allowed by the court or administrative agency in the event the director prevails. The director shall not be required to pay the filing fee or other costs in connection with the action, including the opposing party's attorney's fees and costs. The director, in case of suit, may join various claimants against the same employer in one cause of action. The right provided by this subsection to bring an action by or on behalf of any employee, and the right of any employee to become a party plaintiff to the action, shall terminate upon the filing of a complaint or commencement of an administrative proceeding by the director in an action in which restraint is sought of any further delay in the payment of unpaid minimum wages, or the amount of unpaid overtime compensation owing to the employee under section 387-2 or 387-3 by an employer liable therefor under this section.
(d) Injunctions.
(e) Restitution of illegal deductions; effect of. Whenever in the course of an inspection made for the purposes of this chapter it is determined that there has been an illegal deduction of wages under chapter 388, the director or the director's authorized representative may secure restitution of the deductions. If the restitution is made, no prosecution under chapter 388 shall be instituted or maintained. [L Sp 1941, c 66, §10; am L 1943, c 159, §4; RL 1945, §4363; am L 1945, c 15, §1(3), (4); RL 1955, §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; am L 2020, c 44, §11; am L 2022, c 300, §2; am L 2025, c 115, §4]