§388-8 Provisions of law may not be waived by agreement. Except as provided in section 388-11, no provision of this chapter may in any way be contravened or set aside by private agreement. [L 1963, c 158, pt of §3; am L 1965, c 77, §1(a); Supp, §95-7; HRS §388-8]
Case Notes
When a hotel or restaurant applying a service charge for the sale of food or beverage services allegedly violates §481B-14 by: (1) not distributing the full service charge directly to its employees as "tip income" (in other words, as "wages and tips of employees"); and (2) failing to disclose this practice to the purchaser of the services, the employees may bring an action under § §388-6 and 388-10 and this section to enforce the employees' rights and seek remedies. 130 H. 130, 306 P.3d 175 (2013).
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.