Federal laws exist to regulate employment in the United States, including in Hawaii. All states must follow these federal regulations. States often create their own laws, however. As long as state employment laws do not violate federal laws, state residents must follow them. This is applicable to labor laws and is consistent for both employees and employers.
When Must Paychecks Be Sent Out?
In Hawaii, the Department of Labor requests that wages be paid to employees at least twice a month. Employees can be paid more than twice a month, but paydays must be regular and schedule by the employer.
In general, all wages must be paid within seven days after the end of a pay period. But upon good showing and reasoning, an employer can pay an employee in full once a month and/or pay wages within 15 days after the end of a pay period.
What Happens If You are Fired?
According to Hawaii State Law, employers must pay employees who have been terminated, quit, laid off, or suspended because their full pay for hours that they worked. The remaining paycheck must be paid no later than one working day after the employee leaves.
Can Your Paycheck be Garnished?
A judge can order wage garnishment in order to pay child support, civil settlements, debt collection, and any unpaid taxes. An employer must follow a court order and any disputes the employee may have over this must be taken up with the court.
Separately, employers cannot deduct from wages for fines, till shortages, accepted bad checks, lost or stolen property, unreturned property, or nonpayment of goods and services. But they are allowed to deduct wages upon explicit and written consent from the employee.
Can You Recover a Withheld Paycheck?
If a check is illegally withheld, it can be recovered through administrative or legal channels. It is important to consider the amount of the check and compare that to any potential recovery costs. Writing a formal letter to the employer is a good place to start in recovering withheld wages and illegal payroll deductions.
An employer must pay out all wages that is owed to the employee, and may withhold wages they feel is not owed. The employee has every right to pursue action, and accepting the partial paycheck does not mean that they released any rights to the remaining paycheck. Employers are not allowed to hold this requirement to an employee and any agreement that attempts to will be ignored by the courts.
Where Can You Find the Right Lawyer?
If you think your employer has violated your employment laws, either federal or state level, you should speak to a local Hawaii employment lawyer immediately. A lawyer will help you make your best case and represent you in court.