Hawaii Revised Statutes

Haw. Rev. Stat. § 388-5 (2026)

  Unconditional payment of wages conceded to be due

✓ current as of July 2026
Find cases: SyfertCases citing this section HI-LEGcapitol.hawaii.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

     §388-5  Unconditional payment of wages conceded to be due.  (a)  In case of a dispute as to the amount of wages, the employer shall pay, without condition and within the time set by this chapter, all wages, or parts thereof, conceded by the employer to be due, leaving to the employee all remedies the employee might otherwise be entitled to, including those provided under this chapter, as to any balance claimed.

     (b)  The acceptance by an employee of a payment under this section shall not constitute a release or accord and satisfaction with respect to the disputed amount and any release required by an employer as a condition to payment shall be in violation of this chapter and shall be null and void. [L 1963, c 158, pt of §3; Supp, §95-4; HRS §388-5; gen ch 1993]

 

Notes of Decisions
Cited in 2 cases, 1984–2000 · leading case: Casumpang v. ILWU, LOCAL 142, 13 P.3d 1235 (Haw. 2000).
Casumpang v. ILWU, LOCAL 142, 13 P.3d 1235 (Haw. 2000). · cites it 4× “HRS § 388-5(a) provides: In case of a dispute as to the amount of wages, the employer shall pay, without condition and within the time set by this chapter, all wages, or parts thereof, conceded by the employer to be due, leaving to the employee all remedies the employee might…”
Arimizu v. Fin. SEC. Ins. Co., Inc., 679 P.2d 627 (Haw. App. 1984). · cites it 4× “HRS § 388-5 states that, even if there is a dispute as to the amount of wages, the employer must pay “all wages, or parts thereof, conceded by him to be due.”
— Haw. Rev. Stat. § 388-5(a) — 1 case
Casumpang v. ILWU, LOCAL 142, 13 P.3d 1235 (Haw. 2000). “HRS § 388-5(a) provides: In case of a dispute as to the amount of wages, the employer shall pay, without condition and within the time set by this chapter, all wages, or parts thereof, conceded by the employer to be due, leaving to the employee all remedies the employee might…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.