2010 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 21. LABOR AND INDUSTRIAL RELATIONS
388. Wages and Other Compensation, Payment of
§388-1 Definitions.

PART I

§388-1 Definitions. As used in this chapter:

"Director" means the director of labor and industrial relations.

"Employ" includes to permit or suffer to work.

"Employee" includes any person suffered or permitted to work.

"Employer" includes any individual, partnership, association, joint-stock company, trust, corporation, the personal representative of the estate of a deceased individual or the receiver, trustee, or successor of any of the same, employing any person, but shall not include the State or any political subdivision thereof or the United States.

"Wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation. It shall include the reasonable cost, as determined by the director under chapter 387, to the employer of furnishing an employee with board, lodging, or other facilities if such board, lodging, or other facilities are customarily furnished by the employer to the employer's employees but shall not include tips or gratuities of any kind, provided that for the purposes of section 388-6, "wages" shall include tips or gratuities of any kind. [L 1963, c 158, pt of §3; Supp, §95-1; HRS §388-1; am L 1972, c 122, §1; am L 1976, c 200, pt of §1; gen ch 1985]

Revision Note

Numeric designations deleted and definitions rearranged.

Case Notes

In reading §388-3 in the context of the entire statute and in light of the common law, the trial court did not err in concluding that payment for unused vacation upon separation from employment did not constitute "wages" under the plain meaning of this section. 108 H. 411, 121 P.3d 391.