HRS §398-23
How the state investigates and resolves complaints
The department can look into complaints and try to fix problems with employers. Employers must let the department see records and talk to witnesses. If a violation is found, the department first tries to solve it informally, then can issue a formal order.
employers
The statute, as written — Investigation and conciliation
(a) The department may investigate and conciliate any complaint filed under this chapter. (b) Every employer shall furnish or provide to the department access to records, documents, and other material to determine compliance with this chapter. The department shall have the right to examine, photograph, or copy the material and interview witnesses at the place of employment or business during regular working hours with respect to any matter under this chapter. (c) The department may require by subpoena the attendance and testimony of witnesses and the production of all records, payrolls, correspondence, documents, and other material relative to any matter under investigation. (d) If the department determines after investigation that this chapter has been violated, the department shall inform the employer and endeavor to remedy the violation by informal methods, such as conference or conciliation. (e) If the department finds that methods in subsection (d) will not resolve the complaint, the department shall issue an order and a demand for compliance. (f) If the department issues an order that finds that an employer has violated the requirements of this chapter, the department may prescribe relief as provided under this chapter.
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