Hawaii employment law overview

Hawaii has laws that provide greater protections to employees than federal law, including broader antidiscrimination protections, a higher minimum wage, temporary disability insurance and broader mass layoff notification requirements, but generally follows federal law with respect to topics such as occupational safety. 

Select Hawaii employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Hawaii employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Hawaii Fair Employment Practices Act applies to all employers and prohibits discrimination based on a number of protected characteristics, including but not limited to: 

• Race; 
• Color; 
• National origin; 
• Ancestry; 
• Religion; 
• Sex (including gender identity and expression); 
• Pregnancy (including childbirth, breastfeeding and related medical conditions); 
• Disability (mental and physical) and genetic information; 
• Age; 
• Sexual orientation; 
• Status as a domestic or sexual violence victim; 
• Arrest and court record; 
• Marital status; and 
• Reproductive health decisions. 

Harassment is a form of illegal discrimination. 

The law also prohibits retaliation against a person who: 

• Files a complaint of discrimination or harassment; or 
• Participates in an EEO investigation. 

Equal pay 

The Hawaii Fair Employment Practices Act prohibits pay discrimination based on any protected characteristic between employees performing substantially similar work on jobs requiring equal skill, effort and responsibility performed under similar working conditions in the same establishment.  

Differentials in pay are permissible if made under:  

• A seniority system; 
• A merit system; 
• A system measuring earnings by quantity or quality of production, 
• A bona fide occupational qualification; or 
• Any other permissible factor other than a protected characteristic. 

In addition, Hawaii’s wage and hour law prohibits pay discrimination based on race, religion or sex. 

Pay transparency 

Hawaii employers with 50 or more employees must include an hourly rate or salary range in job listings. The range must reasonably reflect the employer’s actual expected compensation for the role. 

The pay transparency requirement does not apply to: 

• Internal postings for transfers or promotions within a current employer; or 
• Public employee positions for which salary, benefits and other compensation are subject to a collective bargaining agreement. 

Salary history inquiry restrictions 

Hawaii has a salary history inquiry ban and generally prohibits employers from: 

• Inquiring about the salary history of an applicant for employment; or 
• Relying on the salary history of an applicant in determining the salary, benefits, or other compensation for the applicant during the hiring process, including the negotiation of an employment contract. 

Without inquiring about salary history, an employer may engage in discussions with an applicant for employment about the applicant’s expectations with respect to salary, benefits, and other compensation. 

If an applicant voluntarily and without prompting discloses salary history to an employer, the employer may consider salary history in determining salary, benefits, and other compensation for the applicant, and may verify the applicant’s salary history. 

Employee wage disclosure rights 

Hawaii employers are prohibited from discriminating or retaliating against an employee for disclosing the employee’s wages, discussing and inquiring about the wages of other employees, or aiding or encouraging other employees to exercise their rights under this law. Hawaii employers also may not prohibit an employee from, disclosing the employee’s wages, discussing and inquiring about the wages of other employees, or aiding or encouraging other employees to exercise their rights under this law. 

Pregnancy accommodation 

All employers in Hawaii must make every reasonable accommodation for any employee disabled due to pregnancy, childbirth or a related medical condition. All employees are protected, regardless of how long they have worked for the employer.  

An employer must consider disability due to pregnancy, childbirth or related medical conditions as justification for a leave, with or without pay, for a reasonable period of time. 

Breastfeeding breaks 

Under Hawaii law, an employer must provide employees reasonable break time each time they need to express breast milk for a nursing child for up to one year after the child’s birth. An employer must also provide a private space (other than a restroom stall) and inform employees about the law’s protections. 

An employer with fewer than 20 employees may be excused from these requirements if it can show that the law would impose an undue hardship. 

Access to personnel files 

Hawaii law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections 

Under the Whistleblowers’ Protection Act, an employer may not terminate or otherwise discriminate against an employee who reports, or is about to report, violations or suspected violations of the law to the employer or to a government agency. 

Scheduling 

Hawaii does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Hawaii employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

In Hawaii, credit checks may only be performed for certain types of jobs and can only be done post-offer. An employer may consider an applicant’s credit history under certain circumstances, including: 

• The information directly relates to a bona fide occupational qualification; 
• Federal or state law expressly permits or requires an employer to take the information into consideration for employment purposes; or 
• The employer is a federally insured financial institution. 

Ban the Box and Fair Chance 

Hawaii’s ban the box law prohibits an employer from inquiring about arrest or conviction records in employment applications. 

E-Verify 

There are no state-specific requirements for private employers related to the use of E-Verify in Hawaii. 

Wage and hour 

Hawaii employers may be required to comply with certain wage and hour requirements.  

Minimum wage 

Hawaii’s minimum wage is higher than the federal minimum wage. Currently, the state minimum wage is $16.00 per hour, with certain exceptions. 

Overtime 

Hawaii law generally requires an employer to pay covered employees overtime at a rate of one and one-half times the regular rate for all hours worked in excess of 40 hours in a workweek. 

Hawaii uses different formulas for determining an employee’s regular rate, which take into consideration: the frequency of the payment (weekly, biweekly, semi-monthly or monthly); whether the cost of room, board and other furnishings is included in the employee’s pay; and whether the employee is employed in the agriculture industry. 

The formula for calculating overtime pay differs depending on whether the employee earns less than $2,000 per month or at least $2,000 per month. 

Meal and rest breaks 

Under Hawaii law, an employer must provide meal or rest breaks of at least 30 consecutive minutes to any 14- and 15-year-old employees who work more than five hours continuously.

Child labor 

Child labor laws in Hawaii restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

Under Hawaii law, all minors are prohibited from working in hazardous occupations or in any occupation connected with adult entertainment. In addition, minors who are under 16 years of age are prohibited from working in a variety of other occupations, such as manufacturing or processing operations, and certain agricultural, retail and food service occupations. 

Child labor laws also list many occupations in which minors are actively permitted to engage, such as cashiering, selling, modeling, and office and clerical work. Special rules apply to minors working in certain occupations, including: 

• Theatrical employment; 
• Coffee harvesting; and 
• Pineapple harvesting. 

Hawaii law has a complex set of requirements that govern the times during which minors may work. These requirements differ depending on the age of the minor, with separate working time restrictions set out for 16- and 17-year-olds, for 14- and 15-year-olds and for minors under 14 years of age. 

Hawaii law requires an employer to provide at least a 30-minute meal or rest break to all 14- or 15-year-old minors who work five consecutive hours. 

Minors are required to obtain a certificate of employment or age in order to work. 

Pay and benefits 

Hawaii employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

An employer must pay employees either in cash or by checks that may be cashed on demand at full face value. Wages may be paid by direct deposit or payroll debit cards under certain circumstances. 

Pay frequency and lag time 

Hawaii law requires an employer to pay all employee wages at least semimonthly on paydays designated in advance. Monthly paydays are allowed under certain circumstances. Paydays must occur no more than seven days after the end of each payroll period. However, an employer may pay up to 15 days after the end of each payroll period with permission from the state. 

Pay deductions 

Hawaii law prohibits an employer from making any deductions from an employee’s pay unless the deduction is: 

• Required by law or court order; 
• For union dues or uniforms; or 
• Authorized in writing by the employee. 

Regardless of employee consent, an employer may not make deductions for certain fines, losses and cash shortages. 

Pay Statements 

Each payday, an employer in Hawaii is required to provide employees with a written record of certain pay-related information, including: 

• Total hours worked; 
• Pay rate(s) and basis of pay; 
• Total gross compensation 
• Any other compensation paid to the employee; 
• Itemized deductions; and 
• Net earnings. 

Wage theft 

Hawaii does not have a wage theft law applicable to private employers. 

Health care continuation 

If an employee is hospitalized or cannot work because of sickness, the employer must continue the employee’s health care coverage and pay the employee’s premiums for three months following the month in which the disability began, or for as long as the employee receives regular wages, whichever is longer. 

Temporary disability insurance 

The Hawaii Temporary Disability Insurance Law provides partial wage replacement in the form of disability or sick leave benefits to eligible workers who are unable to work due to a nonwork-related illness or injury, including pregnancy and organ donation.

Time off and leaves of absence 

Hawaii employers may be required to follow certain requirements with respect to time off and leaves of absence.

Family and medical leave 

The Hawaii Family Leave Law (HFLL) requires employers with 100 or more employees to provide eligible employees with up to four weeks of job-protected leave calendar year for qualifying reasons, including: 

• The birth or adoption of a child;
• To care for a covered family member with a serious health condition; or
• A qualifying military exigency that is related to active duty service by certain family members serving in the armed forces.

Paid sick leave  

Hawaii does not have a state paid sick leave law applicable to private employers. 

Other time off requirements 

In addition to the HFLL, a Hawaii employer may also be required to comply with other leave and time off laws, including but not limited to: 

• Pregnancy disability leave; 
• Organ, bone marrow and stem cell donation leave; 
• Domestic and sexual violence leave; 
• Jury duty leave; 
• Witness leave; and 
• Military leave. 

Health and safety 

Hawaii employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Hawaii is a State Plan state, which runs its occupational safety and health program through the Hawaii Occupational Safety and Health Division (HIOSH). HIOSH regulates most private employers with certain exceptions. 

Drug and alcohol testing 

Employers that are not subject to federal regulations must comply with Hawaii’s substance abuse testing law. This law requires employers to: 

• Use only licensed laboratories for testing; 
• Pay for all testing costs; 
• Provide individuals to be tested with a written statement of the specific substances to be tested for, among other information; and 
• Keep any information concerning a substance abuse test strictly confidential. 

Smoke-free workplace 

Smoking (including e-cigarettes) is prohibited in all enclosed places of employment, and within 20 feet from entrances, exits, windows that open and ventilation intakes. Signs stating “Smoking Prohibited by Law” or displaying the international “No Smoking” symbol must be posted at every entrance. 

Weapons in the workplace 

Hawaii extensively restricts where a person may carry a firearm by banning firearms in certain locations.

Before the law was struck down by the United States Supreme Court, the state also prohibited a person licensed to carry a firearm from entering or remaining on the private property of another person while carrying a firearm, unless the person had been given express authorization to carry a firearm on the property by the owner, lessee, operator or manager of the property. This included employer-controlled property. 

An individual may store or otherwise leave a firearm inside a vehicle, but only if the person securely locks the firearm in a safe storage depository that is out of sight from outside the vehicle. 

Safe driving practices 

Hawaii law prohibits drivers from operating a motor vehicle while holding a mobile electronic device. 

Organizational exit 

Hawaii employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

An employee who is terminated generally must be paid all wages earned at the time of termination. 

An employee who voluntarily resigns, is laid off or is suspended as a result of a labor dispute generally must be paid by the next regular pay day. If an employee gives at least one pay period’s advance notice of resignation, all wages earned must be paid on the last day of work. 

Mass layoffs 

Employers with 50 or more employees must comply with the Dislocated Workers Act if they plan any facility closing, partial facility closing, facility relocation to a place outside of Hawaii or divestiture, regardless of the number of employees to be laid off. 

The Dislocated Workers Act requires covered employers to comply with certain obligations in addition to their obligations under the federal WARN Act, including: 

• Providing each employee and the state with 60 days’ advance written notice of a closing, partial closing, relocation or divestiture; and 
• Paying a dislocated worker’s allowance for four weeks to each affected employee found eligible for unemployment compensation benefits. 

An employer wishing to give fewer than 60 days’ notice may provide pay in lieu of notice (i.e., one day’s pay for each day notice is not given). 

AI in employment 

Hawaii does not have a law related to AI in employment applicable to private employers.