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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 387-12, Hawaii Revised Statutes, is
 2 amended by amending subsection (c) to read as follows:
 3      "(c)  Collection suits; attorney's fee; assignments; relief
 4 from costs.  Action to recover such liability may be maintained
 5 in any court of competent jurisdiction by any one or more
 6 employees for and in behalf of oneself or themselves and other
 7 employees similarly situated, or the employee or employees may
 8 designate an agent or representative to maintain action for and
 9 in behalf of all employees similarly situated. The court in such
10 action shall, in addition to any judgment awarded to the
11 plaintiff or plaintiffs, in the event the plaintiff or plaintiffs
12 prevail, allow a reasonable attorney's fee to be paid by the
13 defendant, and costs of the action.  At the request of any person
14 paid less than the amount to which the person is entitled under
15 this chapter, the director of labor and industrial relations may
16 take an assignment in trust for the assigning employee of the
17 full amount to which the employee is entitled under this
18 subsection and may bring any legal action necessary to collect
19 the claim, and the employer shall be required to pay the costs

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 1 and such reasonable attorney's fees as may be allowed by the
 2 court in the event the director prevails.  The director shall not
 3 be required to pay the filing fee, or other costs, in connection
 4 with such action[.], including defendant's attorney's fees and
 5 costs.  The director, in case of suit, may join various claimants
 6 against the same employer in one cause of action.  The right
 7 provided by this paragraph to bring an action by or on behalf of
 8 any employee, and the right of any employee to become a party
 9 plaintiff to any such action, shall terminate upon the filing of
10 a complaint by the director in an action in which restraint is
11 sought of any further delay in the payment of unpaid minimum
12 wages, or the amount of unpaid overtime compensation owing to the
13 employee under section 387-2 or 387-3 by an employer liable
14 therefor under this section."
15      SECTION 2.  Section 388-11, Hawaii Revised Statutes, is
16 amended by amending subsection (c) to read as follows:
17      "(c)  The court in any action brought under this section
18 shall, in addition to any judgment awarded to the plaintiff or
19 plaintiffs, allow interest of six per cent per year from the date
20 the wages were due, costs of action, including costs of fees of
21 any nature, and reasonable attorney's fees, to be paid by the
22 defendant.  The director shall not be required to pay the filing
23 fee or other costs or fees of any nature or to file a bond or

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 1 other security of any nature, including defendant's attorney's
 2 fees and costs, in connection with such action or with
 3 proceedings supplementary thereto, or as a condition precedent to
 4 the availability to the director of any process in aid of such
 5 action or proceedings.  The director may join various claimants
 6 in one preferred claim or lien, and in case of suit join them in
 7 one cause of action."
 8      SECTION 3.  Statutory material to be repealed is bracketed.
 9 New statutory material is underscored.
10      SECTION 4.  This Act shall take effect upon its approval. 
12                           INTRODUCED BY:  _______________________

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