Court Requires Hawaii ALFs, Owners to Pay $287K Back Wages, Damages

A federal court has required the owners and operators of two residential care facilities in Kaneohe to pay $287,279 in wages and liquidated damages to 23 caregivers after a US Department of Labor investigation found the employers intentionally denied them overtime wages. The court’s action follows a consent judgment the department obtained in the US District Court for the District of Hawaii after its Wage and Hour Division investigation determined Hokulaki Senior Living LLC and Olalani Senior Care LLC and owners Myriam and Robert Tabaniag violated the Fair Labor Standards Act willfully by paying straight-time rates for all hours worked, including hours over 40 in a workweek. In addition to paying $143,639 in overtime back wages and an equal amount in liquidated damages owed to the affected employees who provide care services for older adults and people with disabilities at two Oahu facilities, the operators must pay the department $13,299 in civil money penalties for their willful violations.

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