Hawaii Revised Statutes

Haw. Rev. Stat. § 388-8 (2026)

Provisions of law may not be waived by agreement

✓ current as of July 2026

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§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).

Notes of Decisions

Cited in 2 cases, 2010–2016 · leading case: Wadsworth v. Ksl Grant Wailea Resort, Inc., 818 F. Supp. 2d 1240 (D. Haw. 2010).

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Wadsworth v. Ksl Grant Wailea Resort, Inc., 818 F. Supp. 2d 1240 (D. Haw. 2010). · cites it 3× “§ 388-8 specifies that “[e]xcept as provided in section 388-11, no provision of this chapter may in any way be contravened or set aside by private agreement.”

Rehberg v. Flowers Baking Co. of Jamestown, LLC, 162 F. Supp. 3d 490 (W.D.N.C. 2016). “) (“Generally, employees may not waive their rights under state wage payment statutes” (citing Haw. Rev. Stat. § 388-8 ; N.H. Rev. Stat.”

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