Employer's records; posting of notices; furnishing of pay data; director's rights and duties.

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§387-6 Employer's records; posting of notices; furnishing of pay data; director's rights and duties. (a) Every employer shall keep in or about the premises wherein any employee is employed a contemporaneous, true, and accurate record of:

(1) The name, address, and occupation of each employee;

(2) The amount paid each pay period to each employee;

(3) The hours worked each day and each workweek by each employee;

(4) The rate or rates of pay of each employee and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other basis; gross wages; deductions; allowances, if any, claimed as part of the minimum wage; and net wages; and

(5) Any other information and for the periods of time as the director may by rule prescribe.

The director or the director's authorized representative shall for the purpose of examination have access to and the right to copy the records. Every employer shall furnish to the director or the director's authorized representative any information relating to the employment of workers and in any manner as the director may prescribe.

(b) Every employer shall post and keep posted such notices pertaining to the application of the law as shall be prescribed by the director in conspicuous places in every establishment where any employee is employed so as to permit the employee to observe readily a copy on the way to or from the employee's place of employment.

(c) Every employer shall furnish each employee at every pay period a legible printed, typewritten, or handwritten record showing the following:

(1) The name of the employee;

(2) The name of the employer;

(3) The address and telephone number of the employer;

(4) The employee's total hours worked;

(5) The employee's regular and overtime hours;

(6) The employee's straight-time compensation;

(7) The employee's overtime compensation;

(8) Any other compensation, including allowances, if any, claimed as part of the minimum wage;

(9) The employee's total gross compensation;

(10) The amount and purpose of each deduction;

(11) The employee's total net compensation;

(12) The date of payment;

(13) The pay period covered; and

(14) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other basis, including overtime rate or rates of pay. For employees paid a piece rate, the record shall indicate the applicable piece rate or rates of pay, and the number of pieces completed at each piece rate;

provided that in lieu of the printed, typewritten, or handwritten record required by this subsection and upon receipt of written authorization from the employee, the employer may provide an electronic record that may be electronically accessed by the employee.

(d) The director shall cause this chapter to be printed and copies thereof shall be furnished to interested persons upon request without charge. Copies of orders of the director and of rules and regulations of the director shall also be furnished to employers affected thereby without charge.

(e) Every employer shall permit the director or the director's authorized representative to confer with and interrogate any employee of the employer at the place of employment and during working hours with respect to any matter cognizable under this chapter. [L Sp 1941, c 66, pt of §5; RL 1945, §4356; RL 1955, §94-6; am L 1961, c 118, §1; am L 1965, c 132, §1(c); HRS §387-6; gen ch 1985; am L 2005, c 210, §1; am L 2013, c 70, §2]


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