Hawaii Revised Statutes 387-11 – Rules and regulations
Terms Used In Hawaii Revised Statutes 387-11
- Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 387-1
- Employer: includes any individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons, acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the State or any political subdivision thereof or the United States. See Hawaii Revised Statutes 387-1
- Wage: means (except as the department may provide under § 387-11) legal tender of the United States or checks on banks convertible into cash on demand at full face value thereof and in addition thereto the reasonable cost as determined by the department, to the employer of furnishing an employee with board, lodging, or other facilities if such board, lodging, or other facilities are customarily furnished by such employer to the employer's employees. See Hawaii Revised Statutes 387-1
The department of labor and industrial relations may make, issue, amend, and rescind such rules and regulations as are necessary or appropriate to carry out this chapter. The rules and regulations, without being limited thereto, and without limiting the generality of the foregoing, may define terms used in this chapter, may include such terms and conditions, including the restriction or prohibition of industrial homework or of such other acts or practices, as the department finds necessary or appropriate to carry out the purposes of this chapter, and to prevent the circumvention or evasion thereof and to safeguard the standards therein established; and shall include such partial or total restrictions or prohibitions on the employment (notwithstanding the payment of one and one-half times the regular rate of pay) of employees in excess of the hours specified in the first paragraph of § 387-3 as the department finds necessary to prevent the reduction of wage rates for the purpose of evading the penalizing effect of the overtime compensation provisions of the first paragraph of § 387-3 or the circumvention by other devices of the intent of such paragraph to reduce hours of labor; and shall provide for reasonable deductions from the minimum wage applicable under this chapter for board, lodging, or other similar services furnished by an employer to the employer’s employees.
Rules and regulations of the department issued pursuant to this section which relate to industrial homework or to employment in excess of the hours specified in the first paragraph of § 387-3 shall be made only after notice to interested persons and a public hearing by the department at which such persons may be heard.