§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]
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).