§388-4 Payment of wages to relatives of deceased employees. Where an employee dies leaving any wages, vacation, or sick leave pay due the employee, the employer shall, within thirty days after such death, whether or not a personal representative has been appointed, pay the wages, vacation, or sick leave pay in an amount not exceeding $2,000 to, and upon application by the surviving spouse or reciprocal beneficiary or, if none, by an adult child. The employer shall require the applicant to show proof of his or her relationship to the deceased by affidavit and to acknowledge receipt of the payment in writing. Any such payment shall discharge the employer to the extent thereof and the employer shall not be liable to the decedent's estate. Any person to whom payment is made shall be answerable therefor to anyone prejudiced by an improper distribution. [L 1967, c 11, §1; HRS §388-4; am L 1984, c 174, §1; gen ch 1985; am L 1997, c 383, §56]
Structure Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
388. Wages and Other Compensation, Payment of
388-2 Semimonthly payday; method of payment of wages.
388-3 Employees who are separated from the payroll before paydays.
388-4 Payment of wages to relatives of deceased employees.
388-5 Unconditional payment of wages conceded to be due.
388-5.5 Payment of wages by check or electronic transfer.
388-5.7 Payment of wages by pay cards.
388-7 Notification, posting, and records.
388-8 Provisions of law may not be waived by agreement.
388-9.5 Order of wage payment violation; appeal.
388-12 Reciprocal agreements with other states; actions.
388-41 Advance notice of termination of employment.
388-42 Other applicable provisions.