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Hawaii sets its own deadline, its own penalty, and its own rule on unused vacation. Here is what the statute says, what it is worth to you, and where to file if the money never arrives.
On discharge, wages must be paid in full at the time of discharge; if the discharge happens in conditions that prevent immediate payment, not later than the following working day (Haw. Rev. Stat. § 388-3).
An employee who quits is paid on the next regular payday.
Hawaii requires payout of accrued vacation only where the employer's written policy creates the right.
Commissions earned before separation are wages and follow the same rule.
Hawaii's Wage Standards Division can order payment and assess penalties against the employer, but the statute does not give the employee a computable liquidated-damages multiple.
This state does not impose a separate statutory penalty for late final pay. Treat that number as leverage in the letter, not as a promise: a court or agency decides what is actually owed, and the penalty provisions usually require the employer to have acted wilfully or without good cause.
File with the Hawaii Department of Labor — Wage Standards Division, which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in Hawaii is $5,000. Both routes go better with a dated written demand and a certified-mail receipt, because the first question either forum asks is when the employer knew.
On discharge, wages must be paid in full at the time of discharge; if the discharge happens in conditions that prevent immediate payment, not later than the following working day (Haw. Rev. Stat. § 388-3).
An employee who quits is paid on the next regular payday.
Hawaii requires payout of accrued vacation only where the employer's written policy creates the right.
Two routes: file a wage claim with the Hawaii Department of Labor — Wage Standards Division (https://labor.hawaii.gov/wsd/), or sue in small claims court where an individual's claim limit is $5,000. A dated written demand sent first is what makes either route easier, because it fixes the date the employer was on notice.
Only official sources are used: the state labor agency, the statute itself, and where relevant the U.S. Department of Labor. Third-party summary sites are deliberately excluded because they disagree with each other on penalty formulas.
Reviewed 2026-11-03 · reviewed again every 90 days.
being fired · resigning · a layoff · unused PTO · unpaid commissions
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