(a) The department may conduct investigations to determine compliance with this chapter. The department may enter the job site, examine records of any contractor, either during or after the performance of any contract, or subpoena the records. The department may also interview employees during working hours on the job.
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Terms Used In Hawaii Revised Statutes 104-22

  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means any person furnishing construction for a public work under a contract with a governmental contracting agency, subcontractor, or any other person under a subcontract arrangement with any person who has a construction contract subject to this chapter. See Hawaii Revised Statutes 104-1
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 104-1
  • Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 104-1
  • Governmental contracting agency: means the State, any county and any officer, bureau, board, commission, or other agency or instrumentality thereof. See Hawaii Revised Statutes 104-1
  • Subpoena: A command to a witness to appear and give testimony.
(b) If any contractor interferes with or delays any investigation by the department, the governmental contracting agency, on receipt of written notice from the director of the interference or delay, shall withhold from the contractor all further payments until the director has notified the governmental contracting agency in writing that the interference or delay has ceased. Interference or delay includes failure to provide requested records under § 104-3; failure to allow employees to be interviewed during working hours on the job; and falsification of records required under this chapter. The department shall assess a penalty of $10,000 per project for interference or delay. For each day thereafter that the employer fails to cooperate, the director shall assess a penalty of $1,000 per project.
(c) The names of all complainants shall be withheld from the employer unless prior permission is given by the complainant to release the complainant’s name.

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