Hawaii Revised Statutes 104. Wages and Hours of Employees on Public Works

PART I. GENERAL PROVISIONS

PART II. ADMINISTRATION AND ENFORCEMENT

  • 104-21 Governmental Contracting Agency Responsibilities.
    The governmental contracting agency shall: (1) Pay or cause to be paid, within sixty days of a determination made by the director, directly to...
  • 104-22 Investigation; Penalties.
    (a) The department may conduct investigations to determine compliance with this chapter. The department may enter the job site, examine records of any contractor,...
  • 104-23 Notification of Violation.
    (a) When the department, either as a result of a report by a contracting agency or as a result of the department's own investigation,...
  • 104-24 Violations; Penalties.
    (a) Where the department finds that a first violation of this chapter has been committed, the department shall assess a penalty equal to ten...
  • 104-25 Suspension.
    (a) The director shall suspend a person or firm as follows: (1) For a first or second violation, if a person or firm fails...
  • 104-26 Judicial Review.
    (a) Any party to an appeal under this chapter may obtain judicial review of the decision on the appeal in the manner provided in...
  • 104-27 Liability.
    If the accrued payments withheld under the terms of the contract are insufficient to reimburse all the laborers and mechanics for wages or overtime...
  • 104-28 Civil Action.
    (a) The following civil actions may be instituted in any court of competent jurisdiction: (1) An action to recover unpaid wages or overtime compensation...
  • 104-29 Rules.
    Subject to chapter 91, the director shall adopt reasonable rules for determining the prevailing wages, enforcement, administration, and general purposes of this chapter. These...
  • 104-30 Application of This Chapter to Contracts Entered Into Without Regard to Other Laws.
    The fact that a contract is or was entered into without regard to chapter 103D, or upon a cost-plus-a-fixed fee basis, or cost-plus-a-fixed percentage...
  • 104-31 Effect on Other Laws.
    Neither this chapter nor any rule or other action under this chapter shall supersede or impair any minimum wage or maximum hour law or...
  • 104-32 Suspension During Emergency.
    During a national emergency declared by the President or the Congress of the United States, or a state of emergency declared by the governor,...
  • 104-33 Inspection.
    (a) If work performed in accordance with this chapter, in excess of eight hours in any day or on a Saturday, Sunday, or legal...
  • 104-34 Submission of Collective Bargaining Agreement to the Director.
    (a) Parties to a collective bargaining agreement covering classes of laborers or mechanics, which are included in the prevailing wage determinations made pursuant to...

Cross References

Employment of state residents on construction procurement contracts, see chapter 103B.

Attorney General Opinions

If a contractor is found in violation of this chapter a third time within a two-year period, that contractor must be suspended from doing any work on any public work of a governmental contracting agency. Att. Gen. Op. 97-8.

This chapter applied to the county of Hawaii's Waikoloa employee housing project pursuant to 46-15.01 and the plain language of 104-2. Att. Gen. Op. 06-1.

Last modified: October 27, 2016