Hawaii Labor Laws

In the US, the federal Fair Labor Standards Act (FLSA) manages the time spent by employees in the workplace, safeguarding their rights and guaranteeing fair pay for their efforts.

The Hawaii Wage Standards Division sets the hourly wage rates and overtime pay regulations in the state. Tip credit is allowed under certain conditions. 

Overtime is pegged at 1.5 times the regular hourly rate for workers who exceed 40 hours a week. Moreover, employers are required to keep an accurate record of their employees’ working hours for six years. 

Employers who contravene Hawaii’s time management laws can face legal ramifications, including fines, back pay, and damages. If workers feel that their employer has violated their wage rights, they can file a complaint with the Hawaii Wage Standards Division for investigation and legal action.

In Hawaii, employers cannot discriminate against job seekers during the hiring process or any private and or public employee based on the following protected characteristics: 

In Hawaii, the employment-at-will policy is in effect, meaning employees can be dismissed for any reason and at any time. However, note that it’s legally prohibited to terminate an employee in violation of public policy based on state or federal law, or due to whistleblowing. 

Final payments for employees who are terminated must be settled by their next payday, according to the Hawaii Department of Labor. 

Some key labor laws in Hawaii that affect employment also include:

• Workplace Safety Laws: In Hawaii, workplace safety laws are governed by the Hawaii Occupational Safety and Health Division (HIOSH). The HIOSH requires employees working in high-risk industries to hold certificates of fitness for designated roles. HIOSH also conducts more frequent workplace inspections for these industries. To promote safety, HIOSH offers on-site consultations free of charge to identify workplace risks and hazards. HIOSH also protects employees from employer retaliation and discrimination for reporting workplace hazards.
• Whistleblower Protection Laws: Hawaii’s whistleblower protection laws protect employees from employer retaliation for complaints. Employers are not allowed to fire, threaten, discriminate against, or reduce the wages of employees who are about to report a law or contract violation, verbally or in writing, to the employer’s supervisor or public body. Additionally, employees who are expected to participate in an investigation or hearing held by a public body regarding a violation in the workplace are also protected from retaliation by their employer.
• Background Check Laws: This law prevents employers from asking about criminal history until after the job offer has been made, except in cases where the criminal record is relevant to the position. An employee’s conviction history may only be considered if it occurred within the past seven years, while misdemeanor charges can only be considered if they occurred within the past five years.
• Health Insurance Continuation Laws: In Hawaii, employees working in companies with 20 or more employees can continue their group health insurance benefits after job loss under the federal Consolidated Omnibus Budget Reconciliation Act (COBRA). Converge can extend from 18 to 36 months. Employees can be required to pay the plan’s entire cost as a premium, as well as the amount paid by the employer. 
• Recordkeeping Laws: Hawaii labor laws require employers to maintain employee records, including the employee’s full name, social security number, dates of hiring and termination, reasons for separation, remuneration details (quarterly and per pay period), special payments, and place of employment for six years. These records must also include wage calculation records, including employee timesheets, bonuses, deductions, total wages in each pay period, date of payment, covered pay period, hiring and termination dates.

Starting January 1, 2024, the minimum wage for employees in Hawaii is $14.00 per hour. This amount is set to increase to $16.00 per hour from January 1, 2026.

In Hawaii, employers can pay a tipped worker less than minimum wage iif they regularly earn more than $20 in tips monthly. Moreover, the employee’s earned tips and wages must equal $21.00 per hour. 

Under these conditions, tipped employees can be paid $12.75, with employers retaining a tip credit of $1.25.

Certain employees in Hawaii are exempt from receiving the state minimum wage, including:

• Agricultural workers employed in establishments with fewer than 20 workers
• Employees earning $2000 monthly
• Executive and administrative workers
• Coffee harvesters
• Domestic workers residing in an employer’s home to provide care for the elderly and infirm
• Charity home house parents
• Family members of an employer, including siblings, parents, children, sibling-in-law, and parent-in-law
• Ship or vessel workers
• Fishermen
• Seasonal youth camp staff sponsored by nonprofit organizations
• Outside salespersons
• Car salespersons
• Workers defined as employees under the FLSA

According to Hawaii employment law, employers must pay their workers at least twice per month on paydays set in advance. Employees must be informed of their payday schedule and rate of pay at the time of hiring.

Wages must be paid within seven days after the end of a pay period. An employee’s wages in Hawaii can be paid by cash, checks, direct deposit into a federally insured bank account, or a pay card.

Hawaii’s overtime laws are based on the FLSA. Essentially, any hours worked above 40 per week are considered overtime. 

For these additional hours, employers must pay a wage rate 1.5 times higher than their employees’ normal rate. Hawaii does not have a daily overtime threshold; employees are only eligible for overtime pay if they work more than 40 hours in a week.

Employees working in certain agricultural or seasonal industries—such as dairy processing, sugar production, poultry or livestock handling, or packing fresh fruits—are entitled to overtime pay after they work 48 hours in a week, only under certain conditions. 

Compensatory Time Off in Hawaii

Although there is no specific law in Hawaii that mandates compensatory time off (comp time) instead of overtime pay, the Hawaii Wage Standards Division allows employers to offer comp time at 1.5 times the number of overtime hours worked if the following conditions are met:

• The employee earns wages on a salary basis.
• The employee takes the comp time off in the same time period in which they work overtime. 

Certain employees in Hawaii are not entitled to overtime pay, even if they work more than 40 hours in a week. This typically includes white-collar employees who perform certain job duties to be exempt from overtime under the FLSA as well as earn at least $684 weekly or $35,568 annually. 

Additionally, the following employees are also exempt from receiving overtime wages under the FLSA: 

• Executives
• Administrative employees
• Highly compensated employees earning at least $107,432 annually
• Learned and creative professionals
• Computer employees earning $27.63 per hour
• Aircraft, boat, truck, and trailer salespersons
• Airline workers
• Domestic employees residing with their employer
• Fishermen
• Seamen on American and non-American vessels
• Taxi drivers
• Local delivery drivers and their helpers
• Workers transporting fruit and vegetables
• Federal investigators
• Workers taking care of the elderly

In Hawaii, there are no state regulations for regular employee breaks. 

However, an employer can choose to provide breaks at their discretion. If a break lasts between five to 20 minutes, it is considered paid. On the other hand, breaks lasting more than 30 minutes are unpaid, only if the employee is completely relieved of all job duties for the duration of the break.  

Minors aged 14 and 15 in Hawaii are entitled to a 30-minute break for every five hours worked.

 The official Guide to the Rights of Breastfeeding Employees states that businesses with over 50 employees are required to provide lactation breaks. Along with the breaks, a designated nursing room, not a bathroom should also be made available.

The length of each break is determined by the employer and the break provision should be available for up to one year after the child’s birth. Employers must display a notice of their employees’ rights and obligations regarding breastfeeding. Employees are entitled to full privacy and should be free from outside interruptions.

The only exception to this rule is for employers with fewer than 20 employees. If the employer can prove that providing proper accommodations would be a financial or structural challenge, then they are exempt from providing breastfeeding breaks.

Employers in Hawaii are required to provide the following types of leave to their employees:

• Family Leave: In Hawaii, employers with at least 100 employees in the state are required to provide up to four weeks of paid or unpaid family leave under the Hawaii Family Leave Law. Additionally, the federal Family and Medical Leave Act (FMLA) allows for up to 12 weeks of unpaid family leave. These leaves can be used for reasons including caring for a child or family member with a serious health condition, or for an employee’s own health condition. Both Hawaii Family Leave and federal Family and Medical Leave can be taken concurrently.
• Jury Duty Leave: Employers aren’t legally obligated to compensate their employees for jury duty leave, but they can’t take adverse actions against them for taking the time off. Employers who wrongfully discharge an employee for attending jury duty can be penalized to pay up to six weeks of lost wages in damages to the employee.
• Voting Time Leave: Employers must offer 2 hours of paid time off to employees for voting between the hours of 7 a.m. and 6 p.m. However, if an employee has two consecutive hours outside of their work schedule while polls are still open, voting leave is not required.
• Donation Leave: Employers in Hawaii must offer seven days of paid leave for employees donating bone marrow. For organ donation, employees can take up to 30 days of paid leave.

The following public holidays will be observed in Hawaii for the year 2025:

Under Hawaii law, any individual under the age of 18 is considered a minor and is covered by state child labor laws.

Work Permits for Minors in Hawaii

All minors under the age of 18 need a certificate of employment to work. Minors aged 14 and 15 must obtain this certificate before securing employment, whereas minors aged 16 and 17 are required to provide a certificate of age to their employer, even if they are not guaranteed employment.

Work hours for minors in Hawaii are categorized based on their age. Minors aged 14 and 15 cannot be scheduled to work more than six hours in a week. Furthermore, work hour restrictions for minors aged 14 and 15 are as follows:

• They cannot work before 7 a.m. and after 7 p.m. during school days.
• They can work a maximum of three hours daily and 18 hours weekly when school is in session.
• They can work a maximum of eight hours daily and 40 hours weekly during summer break.

There are no work hour restrictions for minors aged 16 and 17 under state law. 

In Hawaii, certain jobs that pose a risk to the safety and health of a minor are prohibited. Minors under 15 are not allowed to work on pineapple harvesting machines or ride in the attached truck. 

Those under ten are not allowed to operate any harvesting equipment in coffee harvesting, nor should they carry anything over 15 pounds.

Minors under the age of 18 cannot be employed as motor vehicle drivers. Furthermore, they cannot work:

• With power-driven woodworking machines
• Near radioactive substances
• With elevators and other power-driven hoisting apparatus
• With power-driven metal forming, punching, and shearing machines
• In slaughtering and meat-packing establishments
• With certain power-driven bakery and paper product machines
• In the manufacturing of brick, tile, and similar products
• With circular saws, band saws, and guillotine shears
• In wrecking, demolition, and shipbreaking operations
• In roofing and excavation
• In connection with mining
• In logging and sawmill, lath mill, shingle mill, or cooperage stock mill operations