§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.