Recovering Stolen Tips in Hawaii
My employer is taking my tips — here's what Hawaii law says and what to do next.
Statute: Haw. Rev. Stat. § 388-3
Deadline: 7 days
Penalty: Employer may be liable for the unpaid wages plus reasonable attorney fees and costs
What is recovering stolen tips?
Wage theft is when your employer fails to pay you what you are legally owed. It is the most common labor violation in the United States — the Economic Policy Institute estimates that workers lose more than $50 billion per year to wage theft, exceeding all robberies, burglaries, and auto thefts combined.
Common forms of wage theft include: not paying overtime, paying below minimum wage, stealing tips, forcing off-the-clock work, misclassifying employees as independent contractors, and making illegal deductions from paychecks. The FLSA and state labor laws prohibit all of these practices.
What to Do If Your Employer Is Stealing Your Wages or Tips
Step 1: Keep your own records. Track hours worked, tips received, and pay received. Use a notebook, spreadsheet, or app — any contemporaneous record is valuable evidence.
Step 2: Compare your records against your pay stubs. Look for discrepancies: missing hours, lower tip amounts than you earned, unauthorized deductions, or overtime not paid at 1.5x.
Step 3: Raise the issue with your employer in writing. Email or text creates a documented record. State the specific discrepancy and the amount you believe you are owed.
Step 4: If your employer does not correct the issue, file a complaint with the DOL Wage and Hour Division at 1-866-487-9243 or online at dol.gov. You can also file with your state's labor department, which may have stronger protections.
Step 5: Consult an employment attorney. Many wage theft attorneys work on contingency (no upfront cost). Under the FLSA, you can recover back wages, an equal amount in liquidated damages (double damages), and attorney's fees.
How Hawaii differs from federal law
Hawaii provides strong protections for tipped workers and against wage theft:
- Hawaii does not allow a tip credit — employers must pay tipped employees the full state minimum wage of $14.00/hr (rising to $16.00/hr in 2026 and $18.00/hr in 2028) before tips
- This makes Hawaii one of the most protective states for tipped workers in the nation
- Employers cannot require tip pooling with managers, supervisors, or the employer
- The Hawaii Wage and Hour Law (HRS § 387-1 et seq.) requires employers to pay all wages earned on regular paydays
- Employees can file wage claims with the Hawaii DLIR Wage Standards Division for unpaid wages, including tips
- Employers who fail to pay wages may be liable for the unpaid amount plus penalties and attorney fees
- Hawaii's Prepaid Health Care Act further protects workers by requiring employer-provided health insurance
Additional steps in Hawaii
File wage theft complaints with the Hawaii DLIR Wage Standards Division at (808) 586-8842 or labor.hawaii.gov. You may also file a federal complaint with the U.S. DOL Wage and Hour Division. Keep records of all hours worked and tips received.
What you should NOT do
Don't rely on your employer's time records alone. Employers sometimes alter timekeeping records. Your personal records are admissible evidence and can contradict employer records.
Don't wait too long to file. The FLSA has a 2-year statute of limitations (3 years for willful violations). State deadlines vary. File as soon as you identify a problem.
Don't assume small amounts aren't worth pursuing. Wage theft often accumulates over months or years. A few dollars per shift adds up to thousands. Class action lawsuits are also common for systemic violations.
Don't fear retaliation. It is illegal for your employer to fire, demote, or punish you for filing a wage complaint. If they do, you have an additional retaliation claim.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Hawaii, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Hawaii.