2023 Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
388. Wages and Other Compensation, Payment of
- 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.
- 388-9.5 Order of wage payment violation; appeal.
- 388-9.6 Remittance of penalties. Until the order of wage payment violation becomes final, the director may withdraw or modify the order of wage payment violation or remit all or any part of a penalty assessed if good cause is shown; provided that the employer in default complies with this chapter and the administrative rules adopted under this chapter. [L 2017, c 135, pt of §2]
- 388-9.7 Enforcement of the order of wage payment violation. The director may file in the circuit court in the jurisdiction in which the employer does business, a certified copy of the final order of wage payment violation. The court shall render a judgment in accordance with the final order of wage payment violation and notify the parties of the judgment. The judgment shall have the same effect, and all proceedings in relation to the judgment shall be the same, as though the judgment had been rendered in an action duly heard and determined by the court, except that there shall be no appeal from the judgment. [L 2017, c 135, pt of §2]
- 388-10 Penalties.
- 388-11 Employees remedies.
- 388-11.5 Contractor liability; unpaid wages.
- 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).
Plaintiffs could not bring a statutory claim under this chapter, where plaintiffs sought to recover wages to which they failed to demonstrate they were legally entitled. Plaintiffs could not assert a legal right as third party beneficiaries to the amounts allegedly withheld by virtue of defendant employer's failure to pay the bargaining unit wage rates as set forth in the 2006 Addendum to defendant employer's contract and plaintiffs did not seek to recover withheld wages pursuant to a contractual agreement between plaintiffs and defendant employer. 105 F. Supp. 3d 1165 (2015).
Where defendant had authority over the operation of the hotels at which plaintiffs were employed, and defendant failed to raise an argument regarding defendant's status as "employer" until after the court had entered its final judgment, the circuit court did not err in concluding that defendant was an "employer" under this chapter. 133 H. 1, 323 P.3d 792 (2014).
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).
