2015 Hawaii Revised Statutes
TITLE 21. LABOR AND INDUSTRIAL RELATIONS
388. Wages and Other Compensation, Payment of
PART I- 388-1 Definitions.
- 388-2 Semimonthly payday; method of payment of wages.
- 388-3 Employees who are separated from the payroll before paydays.
- 388-4 Payment of wages to relatives of deceased employees.
- 388-5 Unconditional payment of wages conceded to be due.
- 388-5.5 Payment of wages by check or electronic transfer.
- 388-5.7 Payment of wages by pay cards.
- 388-6 Withholding of wages.
- 388-7 Notification, posting, and records.
- 388-8 Provisions of law may not be waived by agreement.
- 388-9 Enforcement.
- 388-10 Penalties.
- 388-11 Employees remedies.
- 388-12 Reciprocal agreements with other states; actions.
- 388-13 Rules and regulations.
Case Notes
Chapters 387 and 388 serve to prevent employer from withholding sums or benefits to which employee has rights by virtue of contract with employer, not a predecessor. 661 F.2d 776 (1981).
Plaintiff hotel employees' claim pursuant to this chapter was not preempted by 301 of the Labor Management Relations Act, 29 U.S.C. 185(a), because the claim asserted a state-law right that was independent of any right conferred by their collective bargaining agreement ("agreement"); further, agreement did not need to be interpreted in resolving this claim. 835 F. Supp. 2d 914 (2011).
Chapter establishes clear mandate of public policy to protect at will employee from being discharged for asserting rights accorded employee by its provisions, and does not itself provide sufficient remedy for discharge; no legislative intent to supersede at will employee s common law remedy for wrongful discharge detected. 10 H. App. 250, 865 P.2d 170 (1994).
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