HRS §437D-8.5
Rules on paying commissions for damage waivers
This section says that a car rental company and its workers cannot pay or receive a commission for selling damage waivers, unless it is part of overall store sales. If they do, it is considered an unfair or deceptive act. The section defines what counts as a commission.
employees
The statute, as written — Commissions
(a) No lessor or officer, employee, agent, or other representative of the lessor shall pay or receive a commission for selling damage waivers, except as provided in subsection (b). Any violation of this section shall be an unfair or deceptive act or practice as provided in section 480-2. (b) As used in this section: "Commission for selling damage waivers" includes any compensation, bonus, award, or remuneration that corresponds directly to the amount of sales of damage waivers. "Commission for selling damage waivers" does not include any compensation, bonus, award, or remuneration to an employee that corresponds to the overall gross receipts of a sales location, where sales of damage waivers are one of many factors contributing to overall gross receipts. "Sales location" means any location at which the employee worked or had oversight responsibility during the applicable compensation period.
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