reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-199 Service companies.

§386-199 Service companies.
(a) No service company or its employees, officers, or directors shall be an employee, officer, or director of, or have either a direct or indirect financial interest in, an administrator. No administrator or its employees, officers, or directors shall be an employee, officer, or director of, or have either a direct or indirect financial interest in, a service company.
(b) The service contract shall state that unless the insurance commissioner permits otherwise the service company shall handle all claims and other obligations incurred during the contract period to their conclusion. [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-200 Licensing of producer

§386-200 Licensing of producer
. Except for a salaried employee of a group, its administrator, or its service company, any person soliciting membership in a workers' compensation self-insurance group shall be licensed as a producer under chapter 431:9A. [L 1986, c 304, pt of §1; am L 2003, c 212, §5]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-201 Financial statements and other reports.

§386-201 Financial statements and other reports.
(a) Each group shall submit to the insurance commissioner a statement of financial condition audited by an independent certified public accountant on or before the last day of the sixth month following the end of the group's fiscal year. The financial statement shall be on a form prescribed by the insurance commissioner and shall include, but not be limited to, actuarially appropriate reserves for:
(1) Known claims and expenses associated therewith;
(2) Claims incurred but not reported and expenses associated therewith;
(3) Unearned premiums; and
(4) Bad debts, reserves for which shall be shown as liabilities.
An actuarial opinion regarding reserves for known claims and expenses associated therewith and claims incurred but not reported and expenses associated therewith shall be included in the audited financial statement. The actuarial opinion shall be given by a member of the American Academy of Actuaries or other qualified loss reserve specialist as defined in the annual statement adopted by the National Association of Insurance Commissioners.
(b) No person shall make any untrue statement of a material fact in connection with the solicitation of membership of a group. No person shall omit to state a material fact which makes the statement misleading, in light of the circumstances under which it is made, in connection with the solicitation of membership of a group.
(c) The insurance commissioner may prescribe the format and frequency of other reports which may include, but shall not be limited to, payroll audit reports, summary loss reports, and quarterly financial statements. [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-203 Investments.

§386-203 Investments.
Funds not needed for current obligations may be invested by the board of trustees in accordance with sections 431-281 to 431-312. [L 1986, c 304, pt of §1]
Note
Sections 431-281 to 431-312 referred to in text are repealed.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-204 Rates and reporting of rates.

§386-204 Rates and reporting of rates.
(a) Every workers' compensation self-insurance group shall adhere to the uniform classification system, uniform experience rating plan, and manual rules filed with the insurance commissioner by an advisory organization designated by the insurance commissioner.
(b) Premium contributions to the group shall be determined by applying the manual rates and rules to the appropriate classification of each member which shall be adjusted by each member's experience credit or debit. Subject to approval by the insurance commissioner, premium contributions may also be reduced by an advance premium discount reflecting the group's expense levels and loss experience.
(c) Notwithstanding subsection (b), a group may apply to the insurance commissioner for permission to make its own rates. The rates shall be based on at least five years of the group's experience.
(d) Each group shall be audited at least annually by an auditor acceptable to the insurance commissioner to verify proper classifications, experience rating, payroll, and rates. A report of the audit shall be filed with the insurance commissioner in a form acceptable to the insurance commissioner. A group or any member thereof may request a hearing on any objections to the classifications. If the insurance commissioner determines that, as a result of an improper classification, a member's premium contribution is insufficient, the insurance commissioner shall order the group to assess that member an amount equal to the deficiency. If the insurance commissioner determines that, as a result of an improper classification, a member's premium is excessive, the insurance commissioner shall order the group to refund to the member the excess collected. The audit shall be at the expense of the group. [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-205 Refunds.

§386-205 Refunds.
(a) Any moneys for a fund year in excess of the amount necessary to fund all obligations for that fund year may be declared to be refundable by the board of trustees not less than twelve months after the end of the fund year.
(b) Each member shall be given a written description of the refund plan at the time of application for membership. A refund for any fund year shall be paid only to those employers who remain participants in the group for the entire fund year. Payment of a refund based on a previous fund year shall not be contingent on continued membership in the group after that fund year. [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-206 Premium payment; reserves.

§386-206 Premium payment; reserves.
(a) Each group shall establish to the satisfaction of the insurance commissioner a premium payment plan which shall include an initial payment by each member of at least twenty-five per cent of that member's annual premium before the start of the group's fund year and payment of the balance of each member's annual premium in monthly or quarterly installments.
(b) Each group shall establish and maintain actuarially appropriate loss reserves, which shall include reserves for known claims and expenses associated therewith and claims incurred but not reported and expenses associated therewith.
(c) Each group shall establish and maintain bad debt reserves based on the historical experience of the group or other groups. [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-207 Deficits and insolvencies.

§386-207 Deficits and insolvencies.
(a) If the assets of a group are at any time insufficient to enable the group to discharge its legal liabilities and other obligations and to maintain the reserves required of it under this chapter, the group shall forthwith make up the deficiency or levy an assessment upon its members for the amount needed to make up the deficiency.
(b) In the event of a deficiency in any fund year, the deficiency shall be made up immediately, either from:
(1) Surplus from a fund year other than the current fund year;
(2) Administrative funds;
(3) Assessment of the membership, if ordered by the group; or
(4) An alternate method as the insurance commissioner may approve or direct.
The insurance commissioner shall be notified prior to any transfer of surplus funds from one fund year to another.
(c) If the group fails to assess its members or to otherwise make up the deficit within thirty days, the insurance commissioner shall order it to do so.
(d) If the group fails to make the required assessment of its members within thirty days after the insurance commissioner orders it to do so or if the deficiency is not fully made up within sixty days after the date on which the assessment is made or within a longer period of time as may be specified by the insurance commissioner, the group shall be deemed to be insolvent.
(e) The insurance commissioner shall proceed against an insolvent group in the same manner as the insurance commissioner would proceed against an insolvent domestic insurer in this State as prescribed in chapter 431, article 15. The insurance commissioner shall have the same powers and limitations in the proceedings as are provided under those laws, except as otherwise provided in this chapter.
(f) In the event of the liquidation of a group, the insurance commissioner shall levy an assessment upon its members for an amount as the insurance commissioner determines to be necessary to discharge all liabilities of the group, including the reasonable cost of liquidation. [L 1986, c 304, pt of §1; am L 1990, c 34, §24]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-208 Guaranty mechanism.

§386-208 Guaranty mechanism.
In the event of a liquidation pursuant to section 386-207, after exhausting the security required pursuant to section 386-194(b)(2), the insurance commissioner shall levy an assessment against all groups to assure prompt payment of benefits. The assessment on each group shall be based on the proportion that the premium of each group bears to the total premium of all groups. The insurance commissioner may exempt a group from assessment upon finding that the payment of the assessment would render the group insolvent. The assessment shall not relieve any member of an insolvent group of its joint and several liability. After any assessment is made, the insurance commissioner shall take action to enforce the joint and several liability provisions of the insolvent group's indemnity agreement and shall recoup:
(1) All costs incurred by the insurance commissioner in enforcing the joint and several liability;
(2) Amounts that the insurance commissioner assessed any other groups pursuant to this section; and
(3) Any obligation included within section 386-207(f). [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-209 Monetary penalties.

§386-209 Monetary penalties.
After notice and opportunity for a hearing, the insurance commissioner may impose a monetary penalty on any person or group found to be in violation of any provision of this chapter or any rule adopted thereunder. The monetary penalty shall not exceed $1,000 for each act or violation and shall not exceed $10,000 in the aggregate. The amount of any monetary penalty shall be paid to the insurance commissioner and transmitted to the director of finance for deposit into the general fund. [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-210 Cease and desist orders.

§386-210 Cease and desist orders.
(a) After notice and opportunity for a hearing, the insurance commissioner may issue an order requiring a person or group to cease and desist from engaging in an act or practice found to be in violation of any provision of this chapter or any rule adopted under this chapter.
(b) Upon a finding, after notice and opportunity for a hearing, that any person or group has violated any cease and desist order, the insurance commissioner may do either or both of the following:
(1) Impose a monetary penalty of not more than $10,000 for each and every act or violation of the order, but not to exceed an aggregate monetary penalty of $100,000; or
(2) Revoke the group's certificate of approval or any insurance license held by the person. [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-211 Revocation of certificate of approval.

§386-211 Revocation of certificate of approval.
(a) After notice and opportunity for a hearing, the insurance commissioner may revoke a group's certificate of approval if the group:
(1) Is found to be insolvent;
(2) Fails to pay any premium tax, regulatory fee or assessment, or special compensation fund assessments imposed upon it; or
(3) Fails to comply with any provision of this chapter or any rule adopted under this chapter or with any lawful order of the insurance commissioner within the time prescribed.
(b) In addition, the insurance commissioner may revoke a group's certificate of approval if, after notice and opportunity for hearing, the insurance commissioner finds that:
(1) Any certificate of approval that was issued to the group was obtained by fraud;
(2) There was a material misrepresentation in the application for the certificate of approval; or
(3) The group or its administrator has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys that belong to a member, an employee of a member, or a person otherwise entitled thereto and that have been entrusted to the group or its administrator in its fiduciary capacities. [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-214 Severability.

§386-214 Severability.
If any provision of this chapter, or the application thereof, to any person or circumstance, is subsequently held to be invalid, the invalidity shall not affect other provisions or applications of this chapter. [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386A. Hawaii State Compensation Mutual Insurance Fund › 386A-1 Definitions.

§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]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386A. Hawaii State Compensation Mutual Insurance Fund › 386A-2 Fund's establishment.

§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 corporation under the control of a board of directors. The fund shall pay taxes and license fees like other insurance carriers.
(c) The fund's assets shall consist of real and personal property and shall include all premiums and other money paid to the fund, and all property and other income acquired, earned, or otherwise gained by the use of premiums and other money paid to the fund, by deposits, investments, exchanges, and other transactions. The fund's assets shall be the sole property of the fund and shall be used exclusively by the fund for the operation and obligations of the fund.
(d) Except for a state loan at its inception, the fund shall be self-supporting. The fund shall repay the State for the loan with interest within ten years.
(e) The fund's principal office shall be in Honolulu, Hawaii. The board may establish branch offices in other locations. [L 1985, c 296, pt of §11; am L 1989, c 277, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386A. Hawaii State Compensation Mutual Insurance Fund › 386A-3 Fund's purpose.

§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 board, but the workers' compensation insurance sold initially by the fund shall provide insurance coverage for work injuries occurring from a date to be established by the board and not more than one year from the date of the appointment and qualification.
The fund may serve as a model for the workers' compensation insurance industry to determine minimum insurance premium rates. It shall be competitive with other private workers' compensation insurance carriers. [L 1985, c 296, pt of §11; am L 1989, c 277, §4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386A. Hawaii State Compensation Mutual Insurance Fund › 386A-5 Board meetings.

§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) Directors shall determine the time and place of the board's regular meetings. The fund's administrator shall notify directors of the time and place of meetings.
(d) Special meetings may be held at the call of the chairperson or any two directors upon giving at least seven days' written notice to all other directors. Unless otherwise specified in the call and notice, meetings shall be held at the fund's principal office.
(e) Directors shall elect a chairperson, secretary, and treasurer and other officers as it decides.
(f) Directors may also exercise their powers by written assent of all directors. [L 1985, c 296, pt of §11]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386A. Hawaii State Compensation Mutual Insurance Fund › 386A-6 Limitation of liability of directors.

§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 are subject to management by the investment manager. [L 1985, c 296, pt of §11]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386A. Hawaii State Compensation Mutual Insurance Fund › 386A-7 Liability and rights of parties and third persons.

§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 policyholder shall have any right to the return of any money paid to the fund, except as determined by the directors or by law.
(b) The board may refund premiums to policyholders; provided that such refunds do not jeopardize the fund's actuarial responsibility. [L 1985, c 296, pt of §11]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386A. Hawaii State Compensation Mutual Insurance Fund › 386A-8 Termination and merger.

§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 otherwise, shall be used by the board solely for the purposes under this chapter and for administrative expenses incident thereto. [L 1985, c 296, pt of §11]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386A. Hawaii State Compensation Mutual Insurance Fund › 386A-10 Administrator's appointment and duties.

§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 administrator shall perform other duties prescribed by the board. [L 1985, c 296, pt of §11]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386A. Hawaii State Compensation Mutual Insurance Fund › 386A-12 State fund operational.

§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]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386A. Hawaii State Compensation Mutual Insurance Fund › 386A-13 Insurance code applicable.

§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 conflict with the provisions of this chapter, as amended, shall be resolved in terms of the language of this chapter. [L 1989, c 277, §8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 387. Wage and Hour Law › 387-2 Minimum wages.

§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:
(1) $6.25 per hour beginning January 1, 2003;
(2) $6.75 per hour beginning January 1, 2006;
(3) $7.25 per hour beginning January 1, 2007;
(4) $7.75 per hour beginning January 1, 2015;
(5) $8.50 per hour beginning January 1, 2016;
(6) $9.25 per hour beginning January 1, 2017;
(7) $10.10 per hour beginning January 1, 2018;
(8) $12.00 per hour beginning October 1, 2022;
(9) $14.00 per hour beginning January 1, 2024;
(10) $16.00 per hour beginning January 1, 2026; and
(11) $18.00 per hour beginning January 1, 2028.
(b) The hourly wage of a tipped employee may be deemed to be increased on account of tips if the employee is paid no less than:
(1) 25 cents;
(2) 50 cents per hour beginning January 1, 2015;
(3) 75 cents per hour beginning January 1, 2016;
(4) $1.00 per hour beginning October 1, 2022;
(5) $1.25 per hour beginning January 1, 2024; and
(6) $1.50 per hour beginning January 1, 2028,
below the applicable minimum wage by the employee's employer and the combined amount the employee receives from the employee's employer and in tips is at least 50 cents more than the applicable minimum wage; provided that beginning January 1, 2015, the combined amount the employee receives from the employee's employer and in tips is at least $7.00 more than the applicable minimum wage. [L Sp 1941, c 66, §3; am L 1943, c 159, §2; RL 1945, §4353; am L 1945, c 15, §1(2); am L 1953, c 77, §1; am L 1955, c 15, §2; RL 1955, §94-3; am L 1957, c 256, §1; am L 1962, c 16, pt of §2; HRS §387-2; am L 1969, c 36, §3; am L 1974, c 14, §1; am L 1978, c 4, §1; gen ch 1985; am L 1987, c 224, §1; am L 1990, c 34, §25; am L 1991, c 264, §2; am L 2001, c 279, §1; am L 2005, c 240, §3; am L 2014, c 82, §1; am L 2022, c 114, §3]
Cross References
Service charge disclosure when not distributed as employees' tip income, see §481B-14.
Case Notes
Defendants not entitled to summary judgment; in appropriate circumstances, porterage may be considered in the nature of "gratuities" for the purposes of §387-1 and this section; plaintiffs raised genuine issue of material fact as to whether "porterage" is a "gratuity of any kind". 78 H. 351, 893 P.2d 779 (1995).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 387. Wage and Hour Law › 387-4 Wage discrimination prohibited.

§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 the same classification of work based upon a difference in seniority, length of service, substantial difference in duties or services performed, difference in the shift or time of day worked, or hours of work; and provided that an employer who is paying a wage rate differential in violation of this section shall not, in order to comply with this section, reduce the wage rate of any employee. [L 1959, c 122, §2; Supp, §94-4.5; HRS §387-4; am L 1972, c 63, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 387. Wage and Hour Law › 387-4.5 Provisions of law may not be waived by agreement.

§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]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 387. Wage and Hour Law › 387-5 Duty of director; employees, salaries.

§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 to any civil service act relating to state employees. The salaries of all of the foregoing appointees and employees shall be as fixed by law. [L Sp 1941, c 66, pt of §5; RL 1945, §4355; RL 1955, §94-5; am L Sp 1959 2d, c 1, §27; HRS §387-5]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 387. Wage and Hour Law › 387-7 Wilful violations; penalty.

§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 authorized representative to any place of employment; or who fails to keep or who falsifies any record required under section 387-6 or who refuses to make the records accessible or to give information required for the proper enforcement of this chapter, upon demand, to the director or the director's authorized representative shall be fined no more than $10,000, or imprisoned no more than ninety days, or both. [L Sp 1941, c 66, pt of §5; RL 1945, §4357; RL 1955, §94-7; HRS §387-7; gen ch 1985; am L 2020, c 44, §10]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 387. Wage and Hour Law › 387-8 Disclosure of information.

§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 industrial relations or the director's authorized representative, shall be held confidential and shall not be disclosed or be open to any person. The information may be made available:
(1) To officials concerned with, and for the purposes of, the administration of the laws relating to matters under the jurisdiction of the director;
(2) To any agency of this or any other state, or any federal agency for the purposes of enforcing this chapter;
(3) To any employee to the extent necessary for the proper presentation of the employee's claim under section 387-12;
(4) To the Wage and Hour and Public Contracts Divisions of the United States Department of Labor. [L Sp 1941, c 66, pt of §5; am L 1943, c 159, §3; RL 1945, §4358; RL 1955, §94-8; am L 1965, c 132, §1(d); HRS §387-8; gen ch 1985]
2023 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]
2023 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.
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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).
2023 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]
2023 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]
2023 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]