Chapter 388 — Chapter 388

PART I §388-1 Definitions. As used in this chapter: "Director" means the director of labor and industrial relations. "Electronic transfer" means any transfer of funds, other than transactions originated by check, draft, or similar paper instrument, which is initiated through an e…

§388-10 Penalties. (a) Civil. Any employer who fails to pay wages in accordance with this chapter without equitable justification or violates this chapter or the administrative rules adopted under this chapter shall be liable: (b) Criminal.

§388-11 Employees remedies. (a) Action by an employee to recover unpaid wages may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of oneself or themselves, or the employee or employees may designate an agent or representative to…

§388-12 Reciprocal agreements with other states; actions. (a) The director of labor and industrial relations may enter into reciprocal agreements with the labor department or corresponding agency of any other state or with the person, board, officer, or commission authorized to a…

§388-13 Rules and regulations. The director of labor and industrial relations is authorized to issue such rules and regulations as the director determines necessary for the purpose of carrying out this chapter. [L 1963, c 158, pt of §3; Supp, §95-12; HRS §388-13; gen ch 1985]

§388-2 Semimonthly payday; method of payment of wages. (a) Every employer shall pay all wages due to the employer's employees at least twice during each calendar month, on regular paydays designated in advance by the employer, in lawful money of the United States, with checks con…

§388-3 Employees who are separated from the payroll before paydays. (a) Whenever an employer discharges an employee either with or without cause, the employer shall pay the employee's wages in full at the time of discharge or if the discharge occurs at a time and under conditions…

PART II--REPEALED §§388-31 to 388-33 REPEALED. L 1972, c 27, §1.

§388-4 Payment of wages to relatives of deceased employees. Where an employee dies leaving any wages, vacation, or sick leave pay due the employee, the employer shall, within thirty days after such death, whether or not a personal representative has been appointed, pay the wages,…

§388-5 Unconditional payment of wages conceded to be due. (a) In case of a dispute as to the amount of wages, the employer shall pay, without condition and within the time set by this chapter, all wages, or parts thereof, conceded by the employer to be due, leaving to the employe…

§388-5.5 Payment of wages by check or electronic transfer. Whenever an employee receives the employee's wages from the employee's employer in the form of a check or electronic transfer for which insufficient amounts are available in the bank account of the employer, the employer …

§388-6 Withholding of wages. No employer may deduct, retain, or otherwise require to be paid, any part or portion of any compensation earned by any employee except where required by federal or state statute or by court process or when such deductions or retentions are authorized …

§388-7 Notification, posting, and records. Every employer shall:

§388-8 Provisions of law may not be waived by agreement. Except as provided in section 388-11, no provision of this chapter may in any way be contravened or set aside by private agreement. [L 1963, c 158, pt of §3; am L 1965, c 77, §1(a); Supp, §95-7; HRS §388-8]

§388-9 Enforcement. (a) The director of labor and industrial relations shall enforce and administer this chapter and the director or the director's authorized representatives may hold hearings and otherwise investigate charges of violations of this chapter and institute actions f…