§387-2  Minimum wages.  Except asprovided in section 387‑9 and this section, every employer shall pay toeach employee employed by the employer, wages at the rate of not less than:

(1)  $6.25 per hour beginning January 1, 2003;

(2)  $6.75 per hour beginning January 1, 2006; and

(3)  $7.25 per hour beginning January 1, 2007.

The hourly wage of a tipped employee may bedeemed to be increased on account of tips if the employee is paid not less than25 cents below the applicable minimum wage by the employee's employer and thecombined amount the employee receives from the employee's employer and in tipsis at least 50 cents more than the applicable minimum wage. [L Sp 1941, c 66,§3; am L 1943, c 159, §2; RL 1945, §4353; am L 1945, c 15, §1(2); am L 1953, c77, §1; am L 1955, c 15, §2; RL 1955, §94-3; am L 1957, c 256, §1; am L 1962, c16, pt of §2; HRS §387-2; am L 1969, c 36, §3; am L 1974, c 14, §1; am L 1978,c 4, §1; gen ch 1985; am L 1987, c 224, §1; am L 1990, c 34, §25; am L 1991, c264, §2; am L 2001, c 279, §1; am L 2005, c 240, §3]

 

Cross References

 

  Service charge disclosure when not distributed as employees'tip income, see §481B-14.

 

Case Notes

 

  Defendants not entitled to summary judgment; in appropriatecircumstances, porterage may be considered in the nature of"gratuities" for the purposes of §387-1 and this section; plaintiffsraised genuine issue of material fact as to whether "porterage" is a"gratuity of any kind".  78 H. 351, 893 P.2d 779.