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 electronic terminal or computer so as to order, instruct, or authorize a federally insured depository institution to debit or credit an account.  "Electronic transfer" includes but is not limited to point-of-sale transfers, automated teller machine transactions, direct deposits or withdrawals of funds, and transfers initiated by a telephone conversation.

     "Employ" includes to permit or suffer to work.

     "Employee" includes any person suffered or permitted to work.

     "Employer" includes any individual; partnership; association; joint-stock company; trust; corporation; the personal representative of the estate of a deceased individual or the receiver, trustee, or successor of any of the same; general contractor, for purposes of wages owed to the employees of a subcontractor, as those terms are defined in section 388-11.5; employing any person, but shall not include the State or any political subdivision thereof or the United States.

     "Issuer" means the pay card issuer authorized to accept deposits and whose deposits are federally insured, and includes a person acting as a direct or indirect agent or administrator of an issuer.

     "Pay card" means a prepaid debit card distributed to an employee by an employer, or by another entity by arrangement with the employer, through which the employer provides the employee access to the employee's wages and is:

     (1)  Issued by a federally insured depository institution authorized to accept deposits; and

     (2)  Used by an employee to access wages from a pay card account and is redeemable at multiple unaffiliated merchants or service providers or automated teller machines.

     "Pay card account" means an account that is directly or indirectly established by an employer and to which transfers of the employee's wages are made.

     "Pay card fee schedule" means a written list of fees that may be charged to an employee by an issuer in connection with a pay card account or an explanation of how the fees will be determined.

     "Wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation.  It shall include the reasonable cost, as determined by the director under chapter 387, to the employer of furnishing an employee with board, lodging, or other facilities if such board, lodging, or other facilities are customarily furnished by the employer to the employer's employees but shall not include tips or gratuities of any kind, provided that for the purposes of section 388-6, "wages" shall include tips or gratuities of any kind. [L 1963, c 158, pt of §3; Supp, §95-1; HRS §388-1; am L 1972, c 122, §1; am L 1976, c 200, pt of §1; gen ch 1985; am L 2014, c 208, §3; am L 2023, c 47, §2]

Revision Note

  Numeric designations deleted and definitions rearranged pursuant to §23G-15.

Case Notes

  Because defendant concedes that it is contractually responsible for managing the resorts that plaintiff employees have worked at and had the authority to do so, there was no genuine issue of fact that defendant "permit[ted] or suffer[ed]" plaintiffs to work, and was therefore their "employer" under this section.  810 F. Supp. 2d 1145 (2011).

  In reading §388-3 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 this section.  108 H. 411, 121 P.3d 391 (2005).

  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).