Hawaii § 386-123 - Failure to give security for compensation; penalty; injunction.

§ 386-123. Failure to give security for compensation; penalty; injunction.

If an employer fails to comply with section 386-121, the employer shall be liable for a penalty of not less than $500 or of $100 for each employee for every day during which such failure continues, whichever sum is greater, to be recovered in an action brought by the director in the name of the State, and the amount so collected shall be paid into the special compensation fund created by section 386-151. The director may, however, in the director's discretion, for good cause shown, remit all or any part of the penalty in excess of $500; provided that the employer in default complies with section 386-121. With respect to such actions, the attorney general or any county attorney or public prosecutor shall prosecute the same if so requested by the director. In addition, if any employer is in default under section 386-121 for a period of fourteen days, the employer may be enjoined, by the circuit court of the circuit in which the employer's principal place of business is located in the State or where the violation occurred, from carrying on the employer's business anywhere in the State so long as the default continues, such action for injunction to be prosecuted by the attorney general or any county attorney if so requested by the director. [L 1963, c 116, pt of §1; Supp, §97-122; HRS §386-123; gen ch 1985; am L 1988, c 37, §5; am L 2016, c 187, §4; am L 2017, c 135, §1] Rules of Court Injunctions, see HRCP rule 65. Previous Vol07_Ch0346-0398 Next