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Hawaii Labor Department Imposes Massive Penalties, Sends Clear Message to Employers

By Andrew L. Pepper and Jeffrey W. Brecher
  • September 22, 2016

Taking advantage of a new law that substantially increases penalties, the Wage Standards Division of the Hawaii State Department of Labor & Industrial Relations (“DLIR”) has issued penalties totaling $767,095 to a construction company remodeling a hotel in Waikiki, Hawaii. The penalties were imposed for a failure to provide Prepaid Health Care, Temporary Disability Insurance (“TDI”), and Workers’ Compensation insurance.

Act 187 of the 2016 Hawaii Legislature significantly increased the penalties for violations of workers’ compensation and temporary disability insurance laws.

Sending an clear message to all Hawaii employers, Hawaii Labor Director Linda Chu Takayama said of the leverage that the increased penalty amounts provide to Hawaii regulators, “We believe that the increase in penalties from $1 per day to $100 for TDI and worker’s compensation from $10 per day to $100 serves as a powerful incentive for employers to provide these coverages instead of just waiting till they are caught.”

The construction industry employer that faces the large penalties is alleged to have misclassified 65 construction workers as independent contractors for purposes of evading its obligation to provide TDI, Prepaid Health Insurance, and Workers’ Compensation Insurance.

The employer’s woes are far from over: The U.S. Department of Labor’s Wage and Hour Division, the Hawaii Occupational Safety and Health Division, the Hawaii Unemployment Division, and the Hawaii Department of Commerce & Consumer Affairs are conducting separate investigations and are expected to assess their own penalties.

Jackson Lewis is available to answer inquiries regarding Act 187 and other workplace developments.

©2016 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm that built its reputation on providing workplace law representation to management. Founded in 1958, the firm has grown to more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries including government relations, healthcare and sports law. More information about Jackson Lewis can be found at www.jacksonlewis.com.

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