§388-3  Employees who are separated from thepayroll before paydays.  (a)  Whenever an employer discharges an employeeeither with or without cause, the employer shall pay the employee's wages infull at the time of discharge or if the discharge occurs at a time and underconditions which prevent an employer from making immediate payment, then notlater than the working day following discharge.

(b)  Whenever an employee quits or resigns, theemployer shall pay the employee's wages in full no later than the next regularpayday, as provided under section 388-2, either through the regular paychannels or by mail if requested by the employee, except that if the employeegives at least one pay period's notice of intention to quit, the employer shallpay all wages earned by the employee at the time of quitting.

(c)  When work of an employee is suspended as aresult of a labor dispute, or when an employee for any reason whatsoever istemporarily laid off, the employer shall pay in full to the employee not laterthan the next regular payday, as designated under section 388-2, either throughthe regular pay channels or by mail if requested by the employee, wages earnedat 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 statuteand in light of the common law, the trial court did not err in concluding thatpayment 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.