US Department of Labor recovers $119K in unpaid wages, damages for 43 workers denied overtime by Hawaii construction employer

Employer:      H.K. Construction Corp. 

                        2046 South King St.

Hawaii, HI 96826                                                                                                     

Investigation findings: The U.S. Department of Labor’s Wage and Hour Division found that H.K. Construction, a company offering residential construction services on the island of Oahu, recklessly disregarded the requirements of the Fair Labor Standards Act and underpaid dozens of field employees the wages they legally earned. Investigators determined H.K. Construction failed to pay overtime rates by banking or saving hours worked over 40 in a workweek for payment in another pay period where employees worked fewer than 40 hours. The employer also attempted to substitute the cost of tools for the employee for the wages it owed. Additionally, H.K. Construction did not record and pay hours worked by office employees and incorrectly misclassified several workers as exempt for overtime pay.

Back Wages Recovered:       $59,679 in unpaid overtime and unrecorded hours worked for 43 employees

                                                $59,679 in liquidated damages for 43 employees

                                                $14,526 in civil money penalties for reckless violations

Quote: “Employers can’t delay payment or borrow against earned wages, including overtime premium wages,” said Wage and Hour Division District Director Terence Trotter in Honolulu. “This construction company recklessly violated their employees’ right to receive the overtime pay they earned. This case should serve as a reminder to all employers that wages due must be paid correctly and on time.”

Context: Workers can use the division’s Workers Owed Wages search tool to see if they are owed back wages collected by the division. Employers and workers can contact the Wage and Hour Division for help and assistance at its toll-free number, 1-866-4-US-WAGE. Learn more about the Wage and Hour Division.  Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s Android and IOS Timesheet App for free in English or Spanish.