reglab/housing_qa huggingface dataset:
HI Rev Stat § 387-9 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|387. Wage and Hour Law|387-9 Special minimum wages for learners; apprentices; full-time students; paroled wards of Hawaii youth correctional facility.

  §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 employees who are full-time students attending public or private schools other than colleges, universities, business schools, or technical schools; and wards paroled from the Hawaii youth correctional facility, under special certificates issued by the director, at wages lower than the applicable minimum wage and subject to limitations as to time, number, proportion, and length of service as the director shall prescribe.  (b) The director may by rule prescribe standards and requirements to ensure that this section will not create a substantial probability of reducing the full-time employment opportunities of persons other than those to whom the special minimum wage rate authorized by this section is applicable. [L Sp 1941, c 66, §6; RL 1945, §4359; RL 1955, §94-9; am L 1962, c 16, pt of §2; am L 1963, c 49, §3; HRS §387-9; am L 1974, c 14, §2; am L 2005, c 191, §2; am L 2021, c 55, §3]
HI Rev Stat § 387-10 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|387. Wage and Hour Law|387-10 Oaths; affidavits; subpoenas; witnesses; immunities.

  §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 testimony of witnesses and the production of all books, records, and other evidence relative to any matter under investigation. The subpoena shall be signed and issued by the director or the director's authorized representative. In cases of failure of any person to comply with any subpoena lawfully issued under this section or on the refusal of any witness to produce evidence or to testify to any matter regarding which the witness may be lawfully interrogated, any circuit court, or the judge thereof, upon the application of the director or the director's authorized representative, shall compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued by the court or a refusal to testify therein. The director may certify to official acts.  No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, contracts, agreements, or other records and documents before the director or the director's authorized representative, or in obedience to the subpoena of the director or the director's authorized representative, or in any cause or proceeding instituted under this chapter, on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; but no individual shall be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the individual is compelled to testify or produce evidence, documentary or otherwise, after having claimed the individual's privilege against self-incrimination, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. [L Sp 1941, c 66, §7; RL 1945, §4360; RL 1955, §94-10; HRS §387-10; gen ch 1985] Cross References  Depositions, see chapter 624.  Hearings, see chapter 91.  Oaths, subpoenas, see § §603-21.9, 621-1, and 621-12.
HI Rev Stat § 387-11 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|387. Wage and Hour Law|387-11 Rules and regulations.

  §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 the generality of the foregoing, may define terms used in this chapter, may include such terms and conditions, including the restriction or prohibition of industrial homework or of such other acts or practices, as the department finds necessary or appropriate to carry out the purposes of this chapter, and to prevent the circumvention or evasion thereof and to safeguard the standards therein established; and shall include such partial or total restrictions or prohibitions on the employment (notwithstanding the payment of one and one-half times the regular rate of pay) of employees in excess of the hours specified in the first paragraph of section 387-3 as the department finds necessary to prevent the reduction of wage rates for the purpose of evading the penalizing effect of the overtime compensation provisions of the first paragraph of section 387-3 or the circumvention by other devices of the intent of such paragraph to reduce hours of labor; and shall provide for reasonable deductions from the minimum wage applicable under this chapter for board, lodging, or other similar services furnished by an employer to the employer's employees.  Rules and regulations of the department issued pursuant to this section which relate to industrial homework or to employment in excess of the hours specified in the first paragraph of section 387-3 shall be made only after notice to interested persons and a public hearing by the department at which such persons may be heard. [L Sp 1941, c 66, §8; RL 1945, §4361; RL 1955, §94-11; am L Sp 1959 2d, c 1, §27; am L 1965, c 96, §74; HRS §387-11; gen ch 1985] Cross References  Rulemaking, see chapter 91.
HI Rev Stat § 387-13 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|387. Wage and Hour Law|387-13 Right of collective bargaining protected.

  §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 applicable minimum under this chapter, or to establish hours of work shorter than the applicable maximum under this chapter. [L Sp 1941, c 66, §11; RL 1945, §4364; RL 1955, §94-14; HRS §387-13]
HI Rev Stat § 387-14 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|387. Wage and Hour Law|387-14 State-federal cooperation.

  §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. [L Sp 1941, c 66, §12; RL 1945, §4365; RL 1955, §94-15; am L Sp 1959 2d, c 1, §27; HRS §387-14]
HI Rev Stat § 387-15 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|387. Wage and Hour Law|387-15 Relation to child labor law.

  §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]
HI Rev Stat § 388-2 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|388. Wages and Other Compensation, Payment of|388-2 Semimonthly payday; method of payment of wages.

  §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 convertible into cash on demand at full face value thereof, by direct deposit to the employee's account at a federally insured depository institution as provided in subsection (d), or by other means as provided in section 388-5.7; provided that when a majority of an employer's employees or a majority of the employees in a collective bargaining unit recognized by an employer or established by law elect, in a secret ballot election under procedures approved by the director of labor and industrial relations, to be paid once a month on a regularly scheduled basis, the employees shall be paid on such monthly basis. The elections shall not be held more frequently than once in every two years and each election shall be valid for a period of two years.  (b) The earned wages of all employees shall be due and payable within seven days after the end of each pay period.  (c) The director may, upon application showing good and sufficient reasons, permit an employer to:  (1) Establish regular paydays less frequently than semimonthly; provided that the employee shall be paid in full at least once each calendar month on a regularly established schedule; or  (2) Pay earned wages within fifteen days after the end of each pay period.  (d) An employer may pay wages due to the employer's employees by direct deposit to the employee's account at a financial institution; provided that:  (1) The employee has voluntarily authorized, in writing or via electronic signature, the direct deposit to the account and financial institution of the employee's choice;  (2) The deposits and accounts of the financial institution selected are insured by the Federal Deposit Insurance Corporation or any other comparable federal or state agency;  (3) The employee may cancel the direct deposit at any time with reasonable notice;  (4) The employer shall provide a pay statement as required under section 388-7(4);  (5) No employee shall be required to pay any costs or fees for the direct deposit of wages into the employee's account; and  (6) No employee may be disciplined or otherwise penalized for authorizing or refusing to authorize the direct deposit of wages. [L 1963, c 158, pt of §3; am L 1964, c 20, §2; Supp, §95-2; HRS §388-2; gen ch 1985; am L 1989, c 32, §1; am L 2014, c 208, §4]
HI Rev Stat § 388-3 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|388. Wages and Other Compensation, Payment of|388-3 Employees who are separated from the payroll before paydays.

  §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 which prevent an employer from making immediate payment, then not later than the working day following discharge.  (b) Whenever an employee quits or resigns, the employer shall pay the employee's wages in full no later than the next regular payday, as provided under section 388-2, either through the regular pay channels or by mail if requested by the employee, except that if the employee gives at least one pay period's notice of intention to quit, the employer shall pay all wages earned by the employee at the time of quitting.  (c) When work of an employee is suspended as a result of a labor dispute, or when an employee for any reason whatsoever is temporarily laid off, the employer shall pay in full to the employee not later than the next regular payday, as designated under section 388-2, either through the regular pay channels or by mail if requested by the employee, wages earned at the time of suspension or layoff. [L 1963, c 158, pt of §3; Supp, §95-3; HRS §388-3] Case Notes  In reading this section in the context of the entire statute and in light of the common law, the trial court did not err in concluding that payment for unused vacation upon separation from employment did not constitute "wages" under the plain meaning of §388-1. 108 H. 411, 121 P.3d 391 (2005).
HI Rev Stat § 388-4 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|388. Wages and Other Compensation, Payment of|388-4 Payment of wages to relatives of deceased employees.

  §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, vacation, or sick leave pay in an amount not exceeding $2,000 to, and upon application by the surviving spouse or reciprocal beneficiary or, if none, by an adult child. The employer shall require the applicant to show proof of his or her relationship to the deceased by affidavit and to acknowledge receipt of the payment in writing. Any such payment shall discharge the employer to the extent thereof and the employer shall not be liable to the decedent's estate. Any person to whom payment is made shall be answerable therefor to anyone prejudiced by an improper distribution. [L 1967, c 11, §1; HRS §388-4; am L 1984, c 174, §1; gen ch 1985; am L 1997, c 383, §56]
HI Rev Stat § 388-5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|388. Wages and Other Compensation, Payment of|388-5 Unconditional payment of wages conceded to be due.

  §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 employee all remedies the employee might otherwise be entitled to, including those provided under this chapter, as to any balance claimed.  (b) The acceptance by an employee of a payment under this section shall not constitute a release or accord and satisfaction with respect to the disputed amount and any release required by an employer as a condition to payment shall be in violation of this chapter and shall be null and void. [L 1963, c 158, pt of §3; Supp, §95-4; HRS §388-5; gen ch 1993]
HI Rev Stat § 388-5.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|388. Wages and Other Compensation, Payment of|388-5.5 Payment of wages by check or electronic transfer.

  §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 shall be liable for any bank's special handling fee which the employee may incur by reason of negotiating the check or the electronic transfer. [L 1977, c 35, §1; gen ch 1985; am L 2014, c 208, §5]
HI Rev Stat § 388-7 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|388. Wages and Other Compensation, Payment of|388-7 Notification, posting, and records.

  §388-7 Notification, posting, and records. Every employer shall:  (1) Notify each employee in writing, at the time of hiring of the rate of pay, and of the day, hour, and place of payment;  (2) Notify each employee in writing or through a posted notice maintained in a place accessible to employees of any changes in the arrangements specified above prior to the time of the change;  (3) Provide to each employee in writing or through a posted notice maintained in a place accessible to employees, policies with regard to vacation and sick leave;  (4) Furnish each employee at every payday a legible printed, typewritten, or handwritten record showing the employee's total gross compensation, the amount and purpose of each deduction, total net compensation, date of payment, and pay period covered; and maintain and preserve a copy of the record or its equivalent for a period of at least six years; provided that in lieu of the printed, typewritten, or handwritten record required by this paragraph and upon receipt of written authorization from the employee, the employer may provide an electronic record that may be electronically accessed by the employee that shall be retained by the employer for a period of at least six years;  (5) Keep posted in a place accessible to employees the notices pertaining to the application of this chapter as shall be prescribed by the director of labor and industrial relations; and  (6) Make and keep records of all employees which shall include basic employment and earnings records and preserve the records for a period of time and in a manner as the director shall prescribe by rule. [L 1963, c 158, pt of §3; Supp, §95-6; HRS §388-7; gen ch 1985; am L 1988, c 61, §1; am L 2005, c 210, §2]
HI Rev Stat § 388-8 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|388. Wages and Other Compensation, Payment of|388-8 Provisions of law may not be waived by agreement.

  §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] Case Notes  When a hotel or restaurant applying a service charge for the sale of food or beverage services allegedly violates §481B-14 by: (1) not distributing the full service charge directly to its employees as "tip income" (in other words, as "wages and tips of employees"); and (2) failing to disclose this practice to the purchaser of the services, the employees may bring an action under § §388-6 and 388-10 and this section to enforce the employees' rights and seek remedies. 130 H. 130, 306 P.3d 175 (2013).
HI Rev Stat § 388-9 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|388. Wages and Other Compensation, Payment of|388-9 Enforcement.

  §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 for penalties hereunder.  (b) The director or the director's authorized representatives may enter and inspect such places, question such employees, and investigate such facts, conditions, or matters as they may deem appropriate to determine whether any person has violated this chapter or any rule or regulation issued hereunder or which may aid in the enforcement of this chapter.  (c) If any judgment obtained by the director against an employer for nonpayment of wages remains unsatisfied for a period of thirty days after the time to appeal therefrom has expired and no appeal is pending or after such judgment has been finally affirmed on appeal, the director may institute proceedings in the name of the State in the circuit court in which the employer has the employer's principal place of business to compel the employer to cease doing any business until the judgment has been satisfied. [L 1963, c 158, pt of §3; Supp, §95-8; HRS §388-9; gen ch 1985]
HI Rev Stat § 388-9.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|388. Wages and Other Compensation, Payment of|388-9.5 Order of wage payment violation; appeal.

  §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 corrected, the department shall issue an order of wage payment violation to the employer in violation. The order shall include any amount assessed pursuant to section 388-10(a).  (b) The order of wage payment violation shall be final and conclusive unless within twenty days after a copy of the order of wage payment violation has been sent to the employer, the employer files a written notice of appeal with the director in writing.  (c) A hearing on the written notice of appeal shall be held pursuant to chapter 91, by a hearings officer appointed by the director, within thirty days of the filing of the notice of appeal. A decision stating the findings of fact and conclusions of law shall be rendered by the hearings officer within thirty days after the conclusion of the hearing.  (d) Any party to an appeal under this chapter may obtain judicial review of the decision issued by the hearings officer in the manner provided under chapter 91. [L 2017, c 135, pt of §2]
HI Rev Stat § 388-9.6 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|388. Wages and Other Compensation, Payment of|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]

  §388-9.6 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]
HI Rev Stat § 388-9.7 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|388. Wages and Other Compensation, Payment of|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]

  §388-9.7 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]