PART I



 



§388-1  Definitions.  As used in this
chapter:



"Director" means the director of
labor and industrial relations.



"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, employing any person, but shall not include
the State or any political subdivision thereof or the United States.



"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]



 



Revision Note



 



  Numeric designations deleted and definitions rearranged.



 



Case Notes



 



  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.