CHAPTER 388

WAGES AND OTHER COMPENSATION, PAYMENT OF

 

        Part I

Section

    388-1 Definitions

    388-2 Semimonthly payday

    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

    388-6 Withholding of wages

    388-7 Notification, posting, and records

    388-8 Provisions of law may not be waived by agreement

    388-9 Enforcement

   388-10 Penalties

   388-11 Employees remedies

   388-12 Reciprocal agreements with other states; actions

   388-13 Rules and regulations

 

        Part II

   388-31 to 33 Repealed

 

        Part III

   388-41 Advance notice of termination of employment

   388-42 Other applicable provisions

 

        Part IV.  Job Application Processing Fees

   388-51 Job application processing fee

   388-52 Penalties

 

Case Notes

 

  Chapters 387 and 388 serve to prevent employer from withholding sums or benefits to which employee has rights by virtue of contract with employer, not a predecessor.  661 F.2d 776.

  Plaintiff hotel employees' claim pursuant to this chapter was not preempted by §301 of the Labor Management Relations Act, 29 U.S.C. §185(a), because the claim asserted a state-law right that was independent of any right conferred by their collective bargaining agreement ("agreement"); further, agreement did not need to be interpreted in resolving this claim.  835 F. Supp. 2d 914 (2011).

  Chapter establishes clear mandate of public policy to protect at will employee from being discharged for asserting rights accorded employee by its provisions, and does not itself provide sufficient remedy for discharge; no legislative intent to supersede at will employee’s common law remedy for wrongful discharge detected.  10 H. App. 250, 865 P.2d 170 (1994).