§388-1 - Definitions.

PART I

§388-1  Definitions.  As used in thischapter:

"Director" means the director oflabor and industrial relations.

"Employ" includes to permit or sufferto work.

"Employee" includes any personsuffered or permitted to work.

"Employer" includes any individual,partnership, association, joint-stock company, trust, corporation, the personalrepresentative of the estate of a deceased individual or the receiver, trustee,or successor of any of the same, employing any person, but shall not includethe State or any political subdivision thereof or the United States.

"Wages" means compensation for laboror services rendered by an employee, whether the amount is determined on atime, task, piece, commission, or other basis of calculation.  It shall includethe reasonable cost, as determined by the director under chapter 387, to theemployer of furnishing an employee with board, lodging, or other facilities ifsuch board, lodging, or other facilities are customarily furnished by theemployer to the employer's employees but shall not include tips or gratuitiesof 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 ch1985]

Revision Note

  Numeric designations deleted and definitions rearranged.

Case Notes

  In reading §388-3 in the context of the entire statute and inlight of the common law, the trial court did not err in concluding that paymentfor unused vacation upon separation from employment did not constitute"wages" under the plain meaning of this section.  108 H. 411, 121P.3d 391.