CHAPTER 388

WAGES AND OTHER COMPENSATION, PAYMENT OF

        Part I

Section

    388-1 Definitions

    388-2 Semimonthly payday; method of payment of wages

    388-3 Employees who are separated from the payroll before

          paydays

    388-4 Payment of wages to relatives of deceased employees

    388-5 Unconditional payment of wages conceded to be due

  388-5.5 Payment of wages by check or electronic transfer

  388-5.7 Payment of wages by pay cards

    388-6 Withholding of wages

    388-7 Notification, posting, and records

    388-8 Provisions of law may not be waived by agreement

    388-9 Enforcement

  388-9.5 Order of wage payment violation; appeal

  388-9.6 Remittance of penalties

  388-9.7 Enforcement of the order of wage payment violation

   388-10 Penalties

   388-11 Employees remedies

 388-11.5 Contractor liability; unpaid wages

   388-12 Reciprocal agreements with other states; actions

   388-13 Rules and regulations

        Part II--Repealed

   388-31 to 33 Repealed

        Part III

   388-41 Advance notice of termination of employment

   388-42 Other applicable provisions

        Part IV.  Job Application Processing Fees

   388-51 Job application processing fee

   388-52 Penalties

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).

  Plaintiffs could not bring a statutory claim under this chapter, where plaintiffs sought to recover wages to which they failed to demonstrate they were legally entitled.  Plaintiffs could not assert a legal right as third party beneficiaries to the amounts allegedly withheld by virtue of defendant employer's failure to pay the bargaining unit wage rates as set forth in the 2006 Addendum to defendant employer's contract and plaintiffs did not seek to recover withheld wages pursuant to a contractual agreement between plaintiffs and defendant employer.  105 F. Supp. 3d 1165 (2015).

  Where defendant had authority over the operation of the hotels at which plaintiffs were employed, and defendant failed to raise an argument regarding defendant's status as "employer" until after the court had entered its final judgment, the circuit court did not err in concluding that defendant was an "employer" under this chapter.  133 H. 1, 323 P.3d 792 (2014).

  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).