§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
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…”
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