Filing a Complaint with Wage Standards Division

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 “Contact” 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 Chapter 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.