(a) Any individual claiming to be aggrieved by an alleged unlawful act may file with the department a verified complaint in writing.

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Terms Used In Hawaii Revised Statutes 398-21

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 398-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Employee: means a person who performs services for hire for not fewer than six consecutive months for the employer from whom benefits are sought under this chapter. See Hawaii Revised Statutes 398-1
  • Employer: means any individual or organization, including the State, any of its political subdivisions, any instrumentality of the State or its political subdivisions, any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or receiver or trustee in bankruptcy, or the legal representative of a deceased person, who employs one hundred or more employees for each working day during each of twenty or more calendar weeks in the current or preceding calendar year. See Hawaii Revised Statutes 398-1
(b) The attorney general or the department, in like manner, may file a complaint on behalf of an individual.
(c) A complaint may be filed on behalf of a class by the attorney general or the department.
(d) No complaint shall be filed after the expiration of ninety days after the:

(1) Date of the alleged unlawful act; or
(2) Date of discovery by the employee of the alleged unlawful act; however, in no event shall such a complaint be filed after the expiration of one hundred eighty days of the alleged unlawful act.
(e) After the filing of any complaint, the attorney general or the department, as applicable, shall serve a copy of the complaint upon the employer.