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Terms Used In Hawaii Revised Statutes 388-5.5

  • Electronic transfer: includes but is not limited to point-of-sale transfers, automated teller machine transactions, direct deposits or withdrawals of funds, and transfers initiated by a telephone conversation. See Hawaii Revised Statutes 388-1
  • Employee: includes any person suffered or permitted to work. See Hawaii Revised Statutes 388-1
  • Employer: includes any individual; partnership; association; joint-stock company; trust; corporation; the personal representative of the estate of a deceased individual or the receiver, trustee, or successor of any of the same; general contractor, for purposes of wages owed to the employees of a subcontractor, as those terms are defined in section 388-11. See Hawaii Revised Statutes 388-1
  • Wages: means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation. See Hawaii Revised Statutes 388-1

Whenever an employee receives the employee’s wages from the employee’s employer in the form of a check or electronic transfer for which insufficient amounts are available in the bank account of the employer, the employer shall be liable for any bank’s special handling fee which the employee may incur by reason of negotiating the check or the electronic transfer.