Title 21, Labor And Industrial Relations

§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…

§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,…

[PART III] [§388-41] Advance notice of termination of employment. If an employer requires an employee to give advance notice of termination and the employee gives such notice, the employer shall be liable for the wages which the employee would have earned during the stated period…

[§388-42] Other applicable provisions. Sections 388-1 to 388-13 shall be applicable to this part and the terms "wages" and "compensation" used in the sections shall include all compensation payable under this part. [L 1972, c 52, pt of §1]

§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 …

[§388-5.7] Payment of wages by pay cards. (a) Notwithstanding section 388-2, an employer shall not pay wages due to the employer's employees by use of a pay card unless the following requirements are satisfied: (b) An employer shall deposit all wages owed to an employee, who has …

[PART IV. JOB APPLICATION PROCESSING FEES] [§388-51] Job application processing fee. Except as provided for by chapter 373 and rules adopted thereto, no employer shall require to be paid or to be borne by an employee or prospective employee a job application processing fee. [L 19…

§388-52 Penalties. Any employer found in violation of section 388-51 shall be subject to a fine of no less than $250 nor more than $2,500 to be collected by the director and the fine shall not be suspended. Each violation shall constitute a separate offense. Amounts so collected …

§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…

[§388-9.5] Order of wage payment violation; appeal. (a) When the department of labor and industrial relations, as a result of the department's own investigation, finds that a violation of this chapter or administrative rules adopted under this chapter has been committed and not c…

[§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 compli…

§388-9.7 Enforcement of the order of wage payment violation. The director may file in any court of competent jurisdiction 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 a…