Hawaii Revised Statutes 388. Wages and Other Compensation, Payment of

PART I

PART II--REPEALED

PART III

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...
  • 388-52 Penalties.
    Any employer found in violation of section 388-51 shall be subject to a fine of not less than $100 nor more than $1,000 to...

Case Notes

Chapters 387 and 388 serve to prevent employer from withholding sums or benefits to which employee has rights by virtue of contract with employer, not a predecessor. 661 F.2d 776 (1981).

Plaintiff hotel employees' claim pursuant to this chapter was not preempted by 301 of the Labor Management Relations Act, 29 U.S.C. 185(a), because the claim asserted a state-law right that was independent of any right conferred by their collective bargaining agreement ("agreement"); further, agreement did not need to be interpreted in resolving this claim. 835 F. Supp. 2d 914 (2011).

Chapter establishes clear mandate of public policy to protect at will employee from being discharged for asserting rights accorded employee by its provisions, and does not itself provide sufficient remedy for discharge; no legislative intent to supersede at will employee s common law remedy for wrongful discharge detected. 10 H. App. 250, 865 P.2d 170 (1994).

Last modified: October 27, 2016