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).

 

 

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