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Step-by-step Instructions for filing a complaint with Wage Standards Division
Description: The Wage Standards Division takes complaints
which allege violations regarding:
- Minimum wage
- Overtime
- Unpaid wages
- Illegal deduction
- Pay statement
- Prevailing wages and hours on State and county public works
construction projects
- Work injury termination
- State family leave
- Lie detector test
- Child labor
To File A
Complaint
- A complaint must be filed in writing and signed. An appointment is
not needed to file, however individuals may contact the Wage Standards
Division on Oahu or the nearest district office, either by phone, mail,
or in person at the phone numbers and locations listed under "How to
Obtain Our Services" for information.
- A specialist will conduct a preliminary interview with the
individual to determine which of the six laws would be applicable to the
individual's situation; whether the individual is covered or exempt; and
whether the complaint is timely. Chapters 388, 398, and parts II and III
of Chapter 378, HRS, have time limits for filing.
- If a possible violation is indicated, the individual is given a
complaint form to complete and sign. After the completed
complaint is submitted, a specialist will review the
complaint. If it is are properly completed, the complaint will be accepted
for processing.
After A Complaint is
Filed
- The complaint is then referred for either investigation or hearing
as follows:
Investigation
Chapters
104, part II of Chapters 378, 387, 388, 390, and 398, HRS
Hearing
Part III of
Chapter 378, HRS
- Complaints are usually investigated or heard in the order they are
received, so the notification time will vary depending on the workload.
Generally, a complainant will hear from the specialist or hearings
officer assigned to the case within six weeks from the date filed. If no
notification is received by then, the complainant should contact the
Wage Standards Division for the status of the case.
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