State law does not require employers to provide vacation time. However, companies must adhere to their own policies regarding vacation and sick time. Ensure that your policies clearly outline the criteria for earning and using vacation time, and make these policies accessible to employees, either in writing or through a posted notice in the workplace.
Hawaii Labor Laws
Hawaii Minimum Wage
The current minimum wage in Hawaii is $10.10 per hour, compared to the $7.25 hourly wage required under the federal Fair Labor Standards Act. When there is a discrepancy between federal and state laws, businesses must pay employees the higher rate.
Employees working on state or county public construction projects in Hawaii, under Chapter 104 of the Hawaii Revised Statutes (Wages and Hours of Employees on Public Works Law), may need to be paid more due to prevailing wage rates.
The prevailing wage rate is the total of the basic hourly rate plus the cost to the employer of providing fringe benefits to a laborer or mechanic.
Hawaii Labor Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.
History of Hawaii Labor Laws
The state minimum wage surpassed the federal minimum wage in 2015 and has continued to rise. Here is the recent history of the state’s minimum wage rates:
- $7.25 on Jan. 1, 2007
- $7.75 on Jan. 1, 2015
- $8.50 on Jan. 1, 2016
- $9.25 on Jan. 1, 2017
- $10.10 on Jan. 1, 2018
Municipality Minimum Wage Laws
Although Hawaii does not have preemption laws, no cities or municipalities have enacted legislation to raise the minimum wage above the state level.
Hawaii Minimum Wage Exemptions
Certain executive, administrative, supervisory, and professional employees are exempt from state minimum wage requirements.
Hawaii Posting Requirements
Required Posters:
- Minimum Wage
- Workers' Compensation
- Employment Discrimination
- Unemployment Insurance
- Whistleblower Protection Law
- Occupational Safety and Health Law - HIOSH
- Dislocated Workers/Plant Closings
- Breastfeeding in the Workplace
Tipped Wage in Hawaii
According to Section 387-2 of the Hawaii Revised Statutes, tipped employees may be paid less than the applicable minimum wage if certain conditions are met.
Before applying the tip credit of 75 cents per hour, ensure that the employee customarily and regularly receives more than $20 per month in tips.
The tip credit may be adjusted based on the employee’s hourly tip rate. Here’s how it works:
- If the employee’s hourly tip rate is $7.75, the employer may pay an adjusted minimum wage rate of $9.35 ($10.10 - 75 cents).
- If the employee’s hourly tip rate is $7.74, the employer may pay an adjusted minimum wage rate of $9.36 ($10.10 - 74 cents).
This continues until:
- If the employee’s hourly tip rate is $7.00, the employer must pay the full minimum wage rate of $10.10.
Overtime Wage in Hawaii
Generally, employers must pay time-and-a-half the regular rate of pay for hours worked over 40 in a workweek.
For employees on state or county public works construction projects, the overtime rate applies after eight hours in a workday and for all hours worked on Saturdays, Sundays, and state holidays.
Outside salespeople and employees in executive, administrative, supervisory, or professional roles may be exempt from overtime.
Child Labor Laws in Hawaii
Under the Hawaii Child Labor Law, minors aged 14 and 15 are restricted to working only at certain times:
- On school days, they may not work more than three hours per day. On non-school days, their workday may not exceed eight hours.
- During a school week, they may not work more than 18 hours per week. During a non-school week, they are not permitted to work more than 40 hours per week.
- Employers cannot allow these minors to work more than six consecutive days. Additionally, 14- and 15-year-olds cannot work more than five consecutive hours without at least a 30-minute rest or meal period.
For 16- and 17-year-old minors, the law does not restrict their working hours except when they are supposed to be in school.
Minors under the age of 14 may be allowed to work in theatrical jobs (such as modeling, dancing, singing, performing as musicians, entertainers, or in motion pictures, television, radio, or theater), but certain conditions prescribed by the Department of Labor and Industrial Relations must be met.
Employer Recordkeeping Requirements in Hawaii
Under state law, employers must keep certain records for at least six years.
Be sure your records contain the following information related to each employee:
- Name
- Home address
- Social Security number
- Occupation
- Rate of pay
- Hours worked each day and each workweek
- Total straight time and overtime wages
- Amount and purpose of additions to or deductions from wages
- Total wages paid each pay period
- Date of payment
- Pay period covered
- Date of hire
- Date of termination
Hawaii Labor Law Questions & Answers
Yes, small businesses must pay the state minimum wage rate of $10.10 per hour.
Under the Hawaii Child Labor Law, minors aged 14 and 15 may work only at certain times:
- On school days, they may not work more than three hours.
- On non-school days, they may not exceed eight hours per day.
- During a school week, they may not work more than 18 hours per week.
- During a non-school week, they are not permitted to work more than 40 hours per week.
Under Hawaii law, most employees must be paid overtime after 40 hours in a workweek. Additionally, employees working on state or county public works construction projects must be paid time-and-a-half after eight hours in a workday, as well as for all hours worked on Saturdays, Sundays, and state holidays.
In some cases, employers may allow the use of comp time instead of paying overtime, provided these conditions are met:
- Comp time is only applicable to salaried employees.
- The employee must be allowed to use the comp time within the same pay period in which the overtime was worked.
- The comp time rate is one-and-a-half times the number of overtime hours worked.
Yes, but only for 14- or 15-year-old employees. They must be given at least a 30-minute rest or meal period after five consecutive hours of work. For other employees, refer to your company’s policies.
Hawaii Labor Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.