§388-6  Withholding of wages.  No
employer may deduct, retain, or otherwise require to be paid, any part or
portion of any compensation earned by any employee except where required by
federal or state statute or by court process or when such deductions or
retentions are authorized in writing by the employee, provided that the
following may not be so authorized, or required to be borne by the employee:



(1)  Fines;



(2)  Cash shortage in a common money till, cash box,
or register used by two or more persons; or cash shortage in a money till, cash
box, or register under sole control if the employee is not given an opportunity
to account for all moneys received at the start of a shift and all moneys
turned in at the end of a shift;



(3)  Fines, penalties, or replacement costs for
breakage;



(4)  Losses due to acceptance by an employee of checks
which are subsequently dishonored if employee is given discretion to accept or
reject any check;



(5)  Losses due to defective or faulty workmanship,
lost or stolen property, damage to property, default of customer credit, or
nonpayment for goods or services received by customer if such losses are not
attributable to employee's wilful or intentional disregard of employer's
interest; or



(6)  Medical or physical examination or medical report
expenses which accrue due to services rendered to an employee or prospective
employee, where such examination or report is requested or required by the
employer or prospective employer or required by any law or regulation of
federal, state or local governments or agencies thereof. [L 1963, c 158, pt of
§3; Supp, §95-5; HRS §388-6; am L 1972, c 121, §1; am L 1977, c 90, §1]



 



Case Notes



 



  Section preempted by ERISA as it "relates to" an
employee welfare benefit plan; FAA-mandated medical exam for pilots was
"medical benefit" within meaning of ERISA employee welfare benefit
plan.  12 F.3d 1498.



  Paragraph (6) requirement that employer pay for medical
examinations mandated by federal agency is preempted by §514(a) of the Employee
Retirement Income Security Act.  807 F. Supp. 1501.