HRS §378-35
What the labor department can order after a hearing
After a hearing, if the labor department finds an employer broke the law by suspending, firing, or discriminating against an employee, the department can order the employee's job back, with or without back pay, or just order back pay without reinstatement.
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The statute, as written — Findings and order
If the department of labor and industrial relations finds, after a hearing, that an employer has unlawfully suspended, discharged or discriminated against an employee in violation of section 378-32, the department may order the reinstatement, or reinstatement to the prior position, as the case may be, of the employee with or without backpay or may order the payment of backpay without any such reinstatement.
Sections this one refers to
§378-32 Unlawful firing, suspension, demotion, or discrimination
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