Title 21, Labor And Industrial Relations

§386A-1 Definitions. As used in this chapter: "Board" means the fund's board of directors. "Fund" means the Hawaii state compensation mutual insurance fund. [L 1985, c 296, pt of §11; am L 1989, c 277, §2]

[§386A-10] Administrator's appointment and duties. The board shall appoint and may remove the fund's administrator and fix the administrator's salary. The administrator shall manage and conduct the fund's business affairs under the board's direction and policies. The administrato…

[§386A-11] Exemptions. The fund shall be exempt from the application of title 7, title 8, and title 9, in conducting the fund's business. [L 1985, c 296, pt of §11]

§386A-12 State fund operational. The Hawaii state compensation mutual insurance fund shall become operational upon funding by special appropriation by the legislature. [L 1985, c 296, pt of §11; am L 1989, c 277, §7]

[§386A-13] Insurance code applicable. The Hawaii state compensation mutual insurance fund shall be subject to the provisions of chapter 431 to the same extent and degree as any domestic provider of workers' compensation insurance within the State. Any statutory provisions which c…

§386A-2 Fund's establishment. (a) There is established a workers' compensation state insurance fund to be known as the "Hawaii state compensation mutual insurance fund". (b) The fund shall not be an agency of the State. The fund shall be a nonprofit independent mutual insurance c…

§386A-3 Fund's purpose. The fund's purpose is to sell workers' compensation insurance at the lowest actuarially responsible price as determined by the fund's board. The fund shall commence operation upon appointment and qualification of the initial five members of the fund's boar…

§386A-4 Number, appointment, term. (a) The board shall be composed of five directors, whose term of office shall be five years, and each director shall hold office until the appointment and qualification of the director's successor. (b) The terms of the first five directors, who …

[§386A-5] Board meetings. (a) The board's quorum to transact business shall consist of at least three directors. Unless a quorum is present, no business shall be transacted. (b) Each director shall have one vote. All board actions and decisions shall be by majority vote. (c) Dire…

[§386A-6] Limitation of liability of directors. If an investment manager has been appointed under this chapter, no director shall be liable for the acts or omissions of such investment manager or be under an obligation to invest or otherwise manage any assets of the fund, which a…

[§386A-7] Liability and rights of parties and third persons. (a) Neither the State nor any policyholder nor any director or employee of the fund shall be liable to make any payments to the fund or pay any expenses of the fund, except as provided under this chapter. No policyholde…

[§386A-8] Termination and merger. (a) The fund may be terminated only by law. (b) Any assets remaining in the fund after the termination of the fund and any assets acquired or disbursed as a result of merger, consolidation, amalgamation, affiliation, exchange of credits, or other…

[§386A-9] Governing law. The interpretation of this chapter shall be governed by the laws of Hawaii. [L 1985, c 296, pt of §11]

§387-1 Definitions. As used in this chapter: "Agriculture" means agriculture as defined in section 3(f) of the Federal Fair Labor Standards Act of 1938, or as the same may be amended from time to time. "Casual basis" means employment that is: Employment is not on a casual basis, …

§387-10 Oaths; affidavits; subpoenas; witnesses; immunities. The director of labor and industrial relations or the director's authorized representative may administer oaths, take or cause to be taken the depositions of witnesses, and require by subpoena the attendance and testimo…

§387-11 Rules and regulations. The department of labor and industrial relations may make, issue, amend, and rescind such rules and regulations as are necessary or appropriate to carry out this chapter. The rules and regulations, without being limited thereto, and without limiting…

§387-12 Penalties; collection of unpaid wages; injunctions; etc. (a) Civil. Any employer who fails to pay wages in accordance with this chapter without equitable justification or violates this chapter or the rules adopted under this chapter shall be liable: (b) Criminal. shall be…

§387-13 Right of collective bargaining protected. Nothing in this chapter shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively through representatives of their own choosing in order to establish wages in excess of the ap…

§387-14 State-federal cooperation. In the administration of this chapter, the department of labor and industrial relations shall cooperate to the fullest extent consistent with this chapter with the Administrator of the Wage and Hour Division, United States Department of Labor. […

§387-15 Relation to child labor law. Nothing in this chapter shall in any way repeal or affect the validity of chapter 390. [L Sp 1941, c 66, §15; RL 1945, §4366; RL 1955, §94-16; HRS §387-15; am L 1980, c 232, §22]

[§387-16] Order of wage payment violation; appeal; judicial review. (a) When the department, as a result of the department's own investigation, finds that a violation of this chapter or rules adopted under this chapter has been committed and not corrected, the department shall is…

[§387-17] 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 complie…

[§387-18] Enforcement of the order of wage payment violation. The director may file a certified copy of the final order of wage payment violation in any court of competent jurisdiction in the jurisdiction in which the employer does business. The court shall render a judgment in a…

§387-2 Minimum wages. (a) Except as provided in section 387-9 and this section, every employer shall pay to each employee employed by the employer, wages at the rate of not less than: (b) The hourly wage of a tipped employee may be deemed to be increased on account of tips if the…

§387-3 Maximum hours. (a) No employer shall, except as otherwise provided in this section, employ any employee for a workweek longer than forty hours unless the employee receives overtime compensation for the employee's employment in excess of the hours above specified at a rate …

§387-4 Wage discrimination prohibited. No employer shall discriminate in any way in the payment of wages as between persons of different races or religions or as between the sexes; provided that nothing herein shall prohibit a variation of rates of pay for employees engaged in th…

[§387-4.5] Provisions of law may not be waived by agreement. No provision of this chapter may in any way be contravened or set aside by private agreement. [L 1977, c 92, §1]

§387-5 Duty of director; employees, salaries. The director of labor and industrial relations shall enforce this chapter. The director may appoint such assistants and such clerical, stenographic, and other help as may be necessary for the proper enforcement of this chapter subject…

§387-6 Employer's records; posting of notices; furnishing of pay data; director's rights and duties. (a) Every employer shall keep in or about the premises wherein any employee is employed a contemporaneous, true, and accurate record of: The director or the director's authorized …

§387-7 Wilful violations; penalty. Any employer who wilfully hinders or delays the director or the director's authorized representative in the performance of the director's duties in the enforcement of this chapter; or who wilfully refuses to admit the director or the director's …

§387-8 Disclosure of information. Except as otherwise provided herein, information secured from inspection of the records, or from the transcriptions or from the taking of transcriptions thereof, or from inspection of the employer's premises by the director of labor and industria…

§387-9 Special minimum wages for learners; apprentices; full-time students; paroled wards of Hawaii youth correctional facility. (a) Notwithstanding the provisions of section 387-2, the director, by rule, may provide for the employment of learners; apprentices; part-time employee…

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…

[§388-11.5] Contractor liability; unpaid wages. (a) A general contractor entering into or under a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private construction work not subject to chapter 104 shall assume and b…

§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 …