§388-6  Withholding of wages.  Noemployer may deduct, retain, or otherwise require to be paid, any part orportion of any compensation earned by any employee except where required byfederal or state statute or by court process or when such deductions orretentions are authorized in writing by the employee, provided that thefollowing 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, cashbox, or register under sole control if the employee is not given an opportunityto account for all moneys received at the start of a shift and all moneysturned in at the end of a shift;

(3)  Fines, penalties, or replacement costs forbreakage;

(4)  Losses due to acceptance by an employee of checkswhich are subsequently dishonored if employee is given discretion to accept orreject any check;

(5)  Losses due to defective or faulty workmanship,lost or stolen property, damage to property, default of customer credit, ornonpayment for goods or services received by customer if such losses are notattributable to employee's wilful or intentional disregard of employer'sinterest; or

(6)  Medical or physical examination or medical reportexpenses which accrue due to services rendered to an employee or prospectiveemployee, where such examination or report is requested or required by theemployer or prospective employer or required by any law or regulation offederal, 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" anemployee welfare benefit plan; FAA-mandated medical exam for pilots was"medical benefit" within meaning of ERISA employee welfare benefitplan.  12 F.3d 1498.

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