WAGE AND HOUR DEMAND LETTER
State of Hawaii
Hawaii Wage and Hour Law / Wage Payment Law / FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Hawaii ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Hawaii State Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if collective/class action contemplated]
Demand for Unpaid Wages Under Hawaii and Federal Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 AND HRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of Hawaii Revised Statutes Chapter 387 (Wage and Hour Law), HRS Chapter 388 (Payment of Wages and Other Compensation), and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. HAWAII-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
Hawaii has comprehensive wage and hour protections that exceed federal law, including a higher minimum wage, state overtime requirements, and robust enforcement mechanisms.
Key Legal Framework:
| Category | Hawaii Requirement | Citation |
|---|---|---|
| Minimum Wage | $14.00/hour (2024) | HRS Section 387-2 |
| Overtime | 1.5x regular rate after 40 hours/week | HRS Section 387-3 |
| Tipped Minimum | $12.75/hour (with tip credit) | HRS Section 387-2 |
| Payment Frequency | At least twice per month | HRS Section 388-2 |
Hawaii Minimum Wage Schedule:
| Effective Date | Minimum Wage |
|---|---|
| January 1, 2024 | $14.00 |
| January 1, 2026 | $16.00 |
| January 1, 2028 | $18.00 |
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Hawaii Wage Claims | 6 years | HRS Section 657-1 |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
C. Hawaii Wage Payment Requirements
Wage Payment Timing:
- HRS Section 388-2: Wages must be paid at least twice per month on regular paydays not more than 15 days apart
- HRS Section 388-3: Final wages due immediately upon discharge, or next working day if discharge occurs when payroll is unavailable
- HRS Section 388-3: Wages due within 5 working days of resignation
Payroll Deductions:
- HRS Section 388-6: Deductions permitted only with written authorization
- Deductions cannot reduce wages below minimum wage
- Certain deductions prohibited (e.g., cash shortages in many circumstances)
D. Enforcement Mechanisms
Administrative:
- Hawaii Department of Labor and Industrial Relations (DLIR), Wage Standards Division
- File complaint: 830 Punchbowl Street, Room 340, Honolulu, HI 96813
- Phone: (808) 586-8777
- Administrative investigation and enforcement available
Private Right of Action:
- HRS Section 387-12: Private action for minimum wage and overtime violations
- HRS Section 388-10: Private action for wage payment violations
- Class action mechanism available
- FLSA collective action also available
E. Hawaii Penalty Provisions
Hawaii provides robust remedies for wage violations:
| Remedy | Standard | Citation |
|---|---|---|
| Back Wages | Full unpaid amount | HRS Sections 387-12, 388-10 |
| Liquidated Damages (Willful) | Double damages | HRS Section 387-12 |
| Late Payment Penalty | 5% per day up to double wages | HRS Section 388-10 |
| Attorney's Fees | Recoverable | HRS Sections 387-12, 388-10 |
| Criminal Penalties | Misdemeanor for willful violations | HRS Section 387-12 |
F. Tip Credit Rules (Hawaii)
| Requirement | Standard |
|---|---|
| Cash wage minimum | $12.75/hour |
| Tip credit maximum | $1.25/hour |
| Total must equal | $14.00/hour minimum |
| Guaranteed tips required | $7.00/hour in tips required to use credit |
| Notice required | Yes |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in Hawaii. During this employment, [Company Short Name] violated Hawaii and federal wage laws by:
[ ] Failing to pay the Hawaii minimum wage of $14.00 per hour
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to wage protections
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] On-call time
[ ] Failing to pay wages on regular paydays as required by HRS Section 388-2
[ ] Failing to pay final wages timely upon separation
[ ] Making unlawful deductions that reduced wages below minimum wage
[ ] Unlawful tip pooling or tip credit violations
These violations entitle our client to double damages and penalties under Hawaii law.
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Hawaii] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip violations, etc.]
IV. LEGAL ANALYSIS
A. Coverage Under Hawaii Law
Hawaii Wage and Hour Law Coverage:
HRS Chapter 387 applies to all employers in Hawaii with one or more employees, with limited exceptions. [Company Short Name] is a covered employer.
Hawaii Wage Payment Law Coverage:
HRS Chapter 388 applies to all employers. [Company Short Name] is a covered employer.
B. Minimum Wage Violation (HRS Section 387-2)
Hawaii law requires covered employers to pay employees at least $14.00 per hour. By [describe violation], [Company Short Name] failed to pay our client the required minimum wage.
C. Overtime Violation (HRS Section 387-3)
Hawaii law requires employers to pay non-exempt employees overtime at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek.
Our client worked an average of [X hours] per week. [Company Short Name] failed to pay overtime compensation for an average of [X overtime hours] per week.
D. Wage Payment Violations (HRS Chapter 388)
[Company Short Name] violated HRS Section 388-2 by:
- [Failing to pay wages twice per month]
- [Failing to pay final wages timely]
- [Making unauthorized deductions]
E. Damages and Penalties
Under HRS Section 387-12, our client is entitled to double damages for willful violations of the minimum wage and overtime laws.
Under HRS Section 388-10, our client is entitled to full wages owed plus a penalty of 5% of the unpaid wages for each day they remain unpaid (up to double the wages owed).
V. DAMAGES CALCULATION
A. Hawaii Law Damages
Relevant Period: [Date - 6 years prior] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
3. Off-the-Clock Work
| Activity | Hours/Week | Rate | Weeks | Total |
|---|---|---|---|---|
| [Pre-shift work] | [X] | $[X.XX] | [X] | $[Amount] |
| Off-the-Clock Subtotal | $[Amount] |
4. Late Payment Penalties
| Violation | Days Late | Daily Penalty | Total |
|---|---|---|---|
| [Final wages] | [X days] | 5% x $[wages] | $[Amount] |
| Penalty Subtotal | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Double Damages (Willful - HRS 387-12) | $[Amount] |
| Late Payment Penalties (HRS 388-10) | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Class Action Exposure
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Double Damages | $[Amount] | [X employees] | $[Amount] |
| Penalties | $[Amount] | [X employees] | $[Amount] |
| Class Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- Double damages
- Late payment penalties
- Pre-judgment interest
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] United States District Court for the District of Hawaii
[ ] Hawaii State Circuit Court, [Circuit]
The Complaint will seek:
1. Unpaid minimum wages under HRS Section 387-2
2. Unpaid overtime under HRS Section 387-3
3. Wage payment violations under HRS Chapter 388
4. Double damages under HRS Section 387-12
5. Late payment penalties under HRS Section 388-10
6. Attorney's fees and costs
7. Class certification under Hawaii Rules of Civil Procedure Rule 23
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior DLIR investigations
[ ] Tip records (if applicable)
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under Federal Rule of Evidence 408 and Hawaii Rules of Evidence Rule 408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Hawaii State Bar No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
HAWAII-SPECIFIC PRACTICE NOTES
[ ] Higher Minimum Wage: Hawaii's minimum wage significantly exceeds federal ($14.00 vs. $7.25); increasing to $18.00 by 2028
[ ] State Overtime Law: Hawaii has its own overtime statute (HRS 387-3), unlike many states that rely solely on FLSA
[ ] Longer Statute of Limitations: Hawaii allows 6 years for wage claims vs. FLSA's 2-3 years
[ ] Robust Penalties: HRS 388-10 provides 5% per day penalty for late wages (up to double)
[ ] Active State Enforcement: Hawaii DLIR Wage Standards Division actively investigates complaints
[ ] Tip Credit Restrictions: Hawaii has a limited tip credit ($1.25/hour) and requires $7.00/hour in guaranteed tips
[ ] Federal Court: Single federal district for all of Hawaii
- U.S. District Court for the District of Hawaii (Honolulu)
- Address: 300 Ala Moana Boulevard, Room C-338, Honolulu, HI 96850
[ ] State Courts: Circuit Courts in each county
- First Circuit (Oahu)
- Second Circuit (Maui, Molokai, Lanai)
- Third Circuit (Hawaii Island)
- Fifth Circuit (Kauai, Niihau)
[ ] DLIR Contact: Wage Standards Division
- Address: 830 Punchbowl Street, Room 340, Honolulu, HI 96813
- Phone: (808) 586-8777