Posted by Barry Rubin on 7/25/2016
to Tips and Resources
Hawaiian Style Café of Hilo, Hawaii failed to record hours
worked in excess of 40 hours worked in a
work week as overtime on an electronic time clock system or similar time clock
device, and will now be required to pay back pay, compulsory fines, and damages totaling over $50,000.
Hourly employees of FLSA compliant companies in Hawaii are assured an overtime
pay rate for any hours worked in excess of 40 in a single work week. A work week is defined by the Department of
Labor’s Fair Labor Standards Act as any seven consecutive days. Most utilize an
automatic time clock, biometric time clock, or card based time clock systems to
capture these hours.
“Employers that circumvent the wage provisions of the Fair
Labor Standards Act also unlawfully obtain an economic advantage when competing
with other businesses that properly record and pay their workers” said Terence
Trotter, director of the Department of Labor’s Honolulu Office
Unlike the closest mainland neighbor, California,
Hawaii does not
have a daily overtime, but dose have an overtime minimum wage of $12.75 per
hour, slightly higher than the national minimum overtime wage. However Hawaii is scheduled to
be raising minimum wage for all Hawaiian employees the first day of 2017, to $9.25
and $10.10 on January 1, 2018 making a time clock systems for small business essential.
Another less than common policy for any Hawaiian employees earning $2,000 or
more guaranteed monthly compensation is exempt from the state minimum wage and