What’s New in 2026
- Increase in minimum wage
- Increase in tipped wage
- Updated maximum weekly benefit for UI
- Updated maximum weekly benefit for TDI
Labor Law Posters
Wage and Hour Laws
Minimum Wage
On January 1, 2026, Hawaii’s statewide minimum wage increased to $16.00 per hour. This rate applies uniformly across all counties—Hawaii law prohibits local governments from establishing their own minimum wage ordinances.
This increase is part of a phased schedule to gradually raise the minimum wage to $18.00 by 2028.
Hawaii doesn’t permit a lower minimum wage for minors or employees in training. All workers—regardless of age or experience—must be paid at least the full state minimum wage, except for tipped employees.
Tipped Minimum Wage
Employers may pay tipped employees a lower minimum wage provided the following conditions are met:
- The employee regularly receives more than $20 per month in tips.
- The employee’s combined wages and tips are at least $7 more than the minimum wage of $16 (so a total of $23 per hour in 2026).
When met, employers may apply a tip credit of $1.25 per hour and pay a reduced minimum wage of $14.75 per hour.
Overtime Laws
Hawaii’s overtime rules generally follow the federal Fair Labor Standards Act (FLSA). Under both state and federal law, non-exempt employees are entitled to overtime pay at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.
Some exemptions apply, consistent with federal rules. Executive, administrative, and professional employees who meet the Duties Test and salary threshold are exempt from overtime.
Hawaii also has a state-specific exemption: any employee receiving a guaranteed compensation of $4,000 or more per month (regardless of pay frequency) is exempt from Hawaii’s minimum wage, overtime, and recordkeeping requirements. Hawaii doesn’t require daily overtime, except for public construction workers, who must be paid overtime after 8 hours a day and for all hours on weekends and state holidays.
Pro Tip
Simplify wage compliance and ensure accurate overtime calculations with Connecteam’s time clock app. Automatically track employee hours, breaks, and overtime, so payroll becomes stress-free.
Start Tracking Time Accurately Today!
Break Laws
Meal and Rest Breaks
Hawaii’s meal and rest break requirements are limited but include specific provisions for minors. For adult employees, the state doesn’t mandate meal or rest breaks. Employers may choose to offer them, and breaks remain unpaid if they’re 30 minutes or longer, and the employee is fully relieved of duties. However, if a provided break lasts less than 20 minutes, it must be counted as paid time under federal law.For employees aged 14 or 15, Hawaii law requires that a 30-minute, unpaid meal break be provided after 5 consecutive hours of work. This rule ensures younger workers are given adequate rest during longer shifts.
Recordkeeping Requirements
Employers must maintain the following records for each employee:
- Full name and address.
- Job title or occupation.
- Rate of pay (including straight-time and overtime rates).
- Total hours worked each day and each workweek.
- Total daily and weekly earnings, separated by straight time and overtime.
- Gross wages paid for each pay period.
- Date of payment and pay period covered.
- Itemized deductions from wages (e.g., taxes, insurance).
- Agreements affecting pay (e.g., contracts, union agreements).
- Records of unpaid meal breaks, if excluded from hours worked.
If meal periods are unpaid and excluded from total hours worked, employers must keep records confirming that the break was at least 30 minutes and the employee was fully relieved of duty.
All these records must generally be preserved for at least 6 years.
Employees earning $4,000 or more per month and bona fide independent contractors aren’t subject to these requirements.
Pro Tip
Effortlessly maintain accurate employee records with Connecteam’s employee document management feature. Keep employee hours, pay rates, and documentation compliant, organized, and instantly accessible.
Keep Your Employee Records Safe!
Scheduling Laws
As of 2026, Hawaii doesn’t have any statewide predictive scheduling or fair workweek laws. Employers are generally free to set schedules at their discretion. Local governments in Hawaii are also prohibited from enacting their own scheduling laws, meaning counties and cities can’t impose stricter rules than those set at the state level.
Pro Tip
Stay ahead of scheduling laws and effortlessly manage shifts, time-off requests, and real-time updates with Connecteam’s employee scheduler.
Employee Compensation and Benefits
Reporting Time Pay
Hawaii doesn’t have a specific “reporting time pay” law, meaning employers generally aren’t required to pay employees who report to work but are sent home without working.
Payday Frequency and Method
Employers must pay employees at least twice per calendar month. Earned wages must be paid within 7 days after the end of each pay period. Paydays must be designated in advance and communicated to employees. While not a law, if a scheduled payday falls on a holiday or weekend, it’s best practice to pay wages on the preceding workday.
Acceptable methods of payment include:
- Cash.
- Checks, payable at face value without discount.
- Direct deposit into an account of the employee’s choosing (with written consent).
- Other means, such as payroll debit cards, provided the employee has the option to access their full wages without fees and is given a clear choice between payment methods.
Paystub Requirements
Employers must also provide a written or electronic pay statement each pay period that details hours worked, gross wages, deductions, and net pay. Failure to comply with payday requirements can result in penalties, especially if wages are delayed after termination.
Wage Deductions and Garnishments
Employers in Hawaii may deduct from an employee’s wages only if the deduction is:
| Required by law |
|
| Authorized in writing by the employee |
|
| For losses or damages caused by the employee, but only if: |
|
Unauthorized deductions—such as for uniforms, equipment, or customer walkouts—aren’t allowed unless explicitly agreed upon post-incident.
Final Paycheck Laws
In Hawaii, the timing of final wage payment depends on how the employment relationship ends.
If an employee is terminated or laid off, the employer must issue final pay immediately at the time of discharge, or no later than the next working day.
When an employee resigns and provides at least 1 pay period’s notice, final wages must be paid on the last day of work. However, if the employee quits without giving proper notice, the employer has more flexibility and must pay by the next regularly scheduled payday.
Final pay must include all earned wages, and any accrued vacation must also be included if it’s considered earned compensation under company policy.
Failure to comply with these timelines can result in penalties.
Workers’ Compensation
In Hawaii, almost all employees are covered by the state’s Workers’ Compensation (WC) system, including full-time, part-time, temporary, and seasonal workers. The law applies to both public and private sector employers, with very few exceptions, such as certain domestic workers and independent contractors.
Employers must obtain coverage through a licensed insurance carrier authorized to operate in Hawaii. Alternatively, large employers may apply to self-insure, but this option requires prior approval from the Department of Labor and Industrial Relations (DLIR). Proof of coverage must be maintained and posted in the workplace.
Failure to obtain coverage may result in a penalty of at least $500, or $100 per employee for each day of non-coverage.
Workers’ Compensation provides several types of benefits to employees who suffer work-related injuries or illnesses. These include full medical coverage, temporary total disability (TTD) payments while the worker is unable to work, permanent disability benefits, vocational rehabilitation services, and death benefits for surviving dependents. TTD benefits are calculated at 66.67% of the employee’s average weekly wages, subject to a maximum set by the state.
When an injury occurs, the employee must report it to the employer as soon as possible. The employer, in turn, must file a WC-1 Employer’s Report of Industrial Injury form with the DLIR within 7 working days of notice. Delayed reporting can jeopardize benefits and expose the employer to penalties.
Disputes about benefit eligibility, medical treatment, or compensation amounts are handled through Hawaii’s Disability Compensation Division. Either party may request a hearing, and both sides can present evidence. The process begins with an informal hearing but can proceed to a formal hearing before a hearings officer. If necessary, appeals can be taken to the Labor and Industrial Relations Appeals Board and eventually to the state court system.
Injured workers must generally file a claim within 2 years from the date the injury started to show effects or within 5 years from the date of the accident or occurrence that caused the injury. Employers must respond quickly to avoid penalties and ensure injured employees receive prompt medical attention and wage replacement benefits.
Disputes about benefit eligibility, medical treatment, or compensation amounts are handled through Hawaii’s Disability Compensation Division. Either party may request a hearing, and both sides can present evidence. The process begins with an informal hearing but can proceed to a formal hearing before a hearings officer. If necessary, appeals can be taken to the Labor and Industrial Relations Appeals Board within 20 calendar days from the date of the decision and eventually to the state court system.
Unemployment Insurance
Hawaii’s unemployment insurance program is administered by the Unemployment Insurance Division of the Hawaii DLIR. Disputes regarding benefits must be filed within 10 days (or up to 30 days for good reason) and are handled by the Employment Security Appeals Referee Office, where claimants have the right to appeal decisions.
To qualify for UI benefits in Hawaii, an individual must:
- Be totally or partially unemployed due to no fault of their own.
- Have earned wages in at least 2 quarters of the base period.
- Have total base period earnings equal to at least 26 times the weekly benefit amount.
- Be physically able and available for work.
- Actively seek work each week, making at least 3 job contacts.
- Register for work with HireNet Hawaii
The base period—the period the Unemployment Insurance Division considers before providing benefits—is typically the first 4 of the last 5 completed calendar quarters before the claim is filed. An alternate base period may be used if the standard base period doesn’t qualify the claimant.
Benefit Amounts and Duration
The weekly benefit amount is calculated by dividing the wages in the highest quarter of the base period by 21, subject to a maximum limit set by state law. According to recent data, the current maximum weekly benefit amount is $868, and the minimum is $5.
Benefits can be received for up to 26 weeks within a benefit year, which is a 52-week period starting from the effective date of the claim.
Application Process
Applicants can file claims online at uiclaims.hawaii.gov by creating an account and providing information, such as employment history for the past 18 months and banking details. The online system is available:
- Monday to Friday from 6:30 a.m. to 11:00 p.m. HST
- Weekends and Holidays from 9:00 a.m. to 11:00 p.m. HST
After filing, claimants must submit weekly or bi-weekly claim certifications on time and meet all eligibility requirements to be paid.
Employer Obligations
Employers must register with the DLIR for UI coverage when they hire 1 or more employees, typically through the DLIR’s Employer Services portal. They must pay state unemployment insurance taxes based on an annually assigned tax rate that varies with each employer’s experience rating and the health of the state’s UI trust fund. In addition, employers must:
- File a status report within 20 days of hiring their first employee.
- Submit quarterly wage and contribution reports.
- Keep payroll and employee records for at least 6 years for audit and compliance purposes.
- Provide timely and accurate information about employee separations when a former employee files for UI benefits.
- Display the state’s Unemployment Insurance Notice to Employees in a visible area.
Workplace Rights and Protections
Discrimination and Harassment
In Hawaii, both state and federal laws prohibit discrimination and harassment in the workplace based on a broad range of protected characteristics. These protections apply to all aspects of employment, including hiring, compensation, promotion, job assignments, and termination.
Under Hawaii law, it is unlawful for an employer to discriminate based on the following protected characteristics:
- Race.
- Color.
- Religion.
- Sex (including pregnancy, childbirth, and related medical conditions).
- Sexual orientation.
- Gender identity or expression.
- Age (40 and older).
- Ancestry.
- Disability (physical or mental).
- Marital status.
- Reproductive health.
- Breastfeeding.
- Credit history.
- Arrest and court record.
- National Guard status.
- Status as a victim of domestic or sexual violence.
Hawaii’s protections go beyond federal law in several areas, particularly with the inclusion of gender identity, arrest and court record, and victim status.
The primary law governing workplace discrimination in Hawaii is Chapter 378 of the HRS, which is enforced by the Hawaii Civil Rights Commission (HCRC). Federally, protections are enforced by the Equal Employment Opportunity Commission (EEOC) under laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
Employees who believe they’ve experienced discrimination or harassment may file a complaint with the HCRC. The complaint must generally be filed within 180 days of the alleged discriminatory act. The process begins with the employee filling out a Pre-Complaint Questionnaire (PCQ), followed by an interview, then investigation and potential mediation. If the HCRC finds reasonable cause, it may pursue legal remedies on behalf of the employee. Alternatively, the employee may choose to file a claim with the EEOC or pursue a private lawsuit after obtaining a right-to-sue letter.
Employers should have clear anti-discrimination and anti-harassment policies in place, provide training to all staff, and respond promptly to complaints to avoid liability.
Pro Tip
Ensure your employees have instant access to harassment and discrimination policies with Connecteam’s company knowledge base. Promote a safe, informed workplace environment.
Leave Laws
| ✅ Family and Medical Leave | Hawaii Family Leave Law (HFLL) provides up to 4 weeks of unpaid leave per calendar year.
The HFLL is separate from the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid leave and applies to employers with 50 or more employees. Both the HFLL and FMLA prohibit retaliation against employees who take protected leave. |
| ❌ Paid Sick Leave | As of 2026, Hawaii doesn’t have a statewide paid sick leave law requiring private employers to offer paid time off specifically for illness. Employers may provide paid sick leave at their own discretion. However, employees in Hawaii may be able to use accrued vacation or other paid leave during qualifying absences under the HFLL or FMLA if the employer’s policy allows it. |
| ❌ Paid Family Leave | As of 2026, Hawaii doesn’t have an active paid family leave program. Family leave in Hawaii remains unpaid under the HFLL, though employees may use accrued paid time off if allowed by their employer. |
| ✅ Pregnancy and Parental Leave | Under the Hawaii Pregnancy Discrimination Law, employers with 1 or more employees must provide reasonable accommodations for pregnancy, childbirth, and related medical conditions. This includes allowing employees to take unpaid leave for the duration of pregnancy-related disability, as certified by a doctor. There’s no fixed time limit—leave must be granted for as long as the employee is medically unable to work. Some employees might be eligible for unpaid FMLA leave for this purpose, too. |
| ❌ Vacation and Personal Leave | Hawaii doesn’t require employers to provide vacation or personal leave, either paid or unpaid. If an employer chooses to provide vacation or personal leave, Hawaii law treats these benefits as a form of earned compensation once accrued. |
Military, Jury Duty, and Other Mandatory Leave
| Military Leave | Federal protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA), guarantees job-protected leave for employees who are called to military duty, training, or emergency service. All employers must allow this leave, and employees are entitled to reinstatement to the same or a comparable position upon return. Employers are prohibited from discriminating or retaliating against employees due to their military obligations, and employees must provide advance notice of service when possible. These protections apply to members of the armed forces, National Guard, and military reserves. |
| Jury Duty Leave | All employers must provide unpaid leave to any employee summoned to jury duty. Employees are protected from discrimination and must be reinstated. |
| Crime Victim Leave | When advance notice is given, crime victims, their family members, and witnesses must be given victim leave. Employers may not retaliate and must reinstate employees upon return. |
| Voting Leave | If an employee doesn’t have 2 consecutive non-work hours in which to vote while polls are open (7am to 6pm), their employers must grant them 2 hours of voting leave, without rescheduling their hours, penalizing them, or deducting their wages. |
| Witness Leave | All employers must provide witness leave to any employee subpoenaed as a witness without retaliation. |
| Domestic or Sexual Violence Leave | All employers must provide leave to victims or family members to seek medical, legal, or relocation assistance. Employers with 50+ employees must provide 30 days of unpaid leave per year, while employers with fewer than 50 employees must provide 5 days per year. Advance notice is required unless an emergency makes this impossible. |
Pro Tip
Connecteam’s time-off management tool simplifies leave tracking, approvals, and compliance, making managing sick leave and PTO effortless.
Manage Time-Off Requests Easily!
Child Labor Laws
Under Hawaii’s child labor laws, the minimum age for employment is generally 14 years old—but workers under 14 can work in theatrical employment, and those as young as 10 can harvest coffee. All minors under 18 must obtain a Certificate of Age or Certificate of Employment before starting work:
- Ages 14–15: Must have both school and parental approval via a Certificate of Employment. Employers must apply for this.
- Ages 16–17: Only a Certificate of Age is required.
Work Hour Restrictions
For 14 and 15-year-olds:
| School year | Work hours must be between 7am and 7pm. They may work up to:
|
| Summer break and holidays | Work hours must be between 6am and 9pm. They may work up to:
|
14–15-year-olds can’t work more than 6 consecutive days. They also can’t work more than 5 consecutive hours without a 30-minute rest or meal break.
For 16 and 17-year-olds, no hour restrictions exist under state law, but federal law applies. They can’t, for instance, work during school hours if enrolled.
Prohibited Occupations
Minors are prohibited from working in hazardous jobs, including:
- Construction involving power-driven machinery.
- Roofing, demolition, or excavation.
- Operating motor vehicles or heavy equipment.
- Manufacturing or storing explosives.
- Meatpacking and certain commercial baking operations.
- Any job deemed dangerous by the US Department of Labor.
Employers must also ensure that all work is appropriate for the minor’s age and doesn’t interfere with schooling.
Workplace Safety and Health
Hawaii operates its own state OSHA plan: the Hawaii Occupational Safety and Health Division (HIOSH). This has jurisdiction over most private-sector employers and all state and local government agencies. The federal Occupational Safety and Health Administration (OSHA) retains authority over certain industries, such as maritime, federal employees, and military installations.
Under HIOSH, employers must provide a workplace free from recognized hazards that could cause death or serious harm. Key responsibilities include:
- Complying with all applicable health and safety standards.
- Maintaining written safety and health programs when required.
- Providing employees with necessary safety training, personal protective equipment (PPE), and hazard communication.
- Keeping records of work-related injuries and illnesses (OSHA Form 300).
- Posting the HIOSH Job Safety and Health Protection notice in a visible location.
- Reporting serious injuries, illnesses, or fatalities to HIOSH within required timeframes.
All fatalities must be reported to HIOSH within 8 hours, and inpatient hospitalizations, amputations, loss of an eye, or property damage exceeding $25,000 must be reported within 24 hours. Employers must also maintain injury and illness logs if they have 11 or more employees, unless exempted by industry classification. HIOSH also offers voluntary consultation services and outreach programs to help employers identify and correct hazards without facing penalties.
Employees in Hawaii have the right to file confidential reports with HIOSH and request health and safety inspections.
Labor Union Regulations
Hawaii isn’t a right-to-work state, meaning employers and unions may enter into agreements that require employees to join the union or pay union dues as a condition of employment. Union membership and activity in Hawaii are governed primarily by the National Labor Relations Act (NLRA), which applies to most private-sector employees. The NLRA guarantees the right to form, join, or assist a labor union, bargain collectively, and engage in concerted activities for mutual aid or protection. It also gives workers the right to choose not to join a union and only pay fees that cover the cost of collective bargaining.
Public sector unions in Hawaii are governed by the Hawaii Collective Bargaining Law (Chapter 89, HRS). This law allows state and local government employees to organize and bargain over wages, hours, and working conditions. The Hawaii Labor Relations Board (HLRB) oversees disputes and enforces state labor relations rules for public employees.
Employment Contracts and Severance
Employment Contract Laws
Hawaii recognizes both written and oral employment contracts. In general, employment in Hawaii is at-will, meaning either the employer or employee may end the relationship at any time, with or without cause or notice (unless the cause is discriminatory)—unless an enforceable contract states otherwise.
Restrictive Covenants
Non-solicitation and confidentiality clauses are generally allowed if they’re narrowly tailored to protect trade secrets or proprietary information. Non-solicitation and non-compete clauses are prohibited for employees in technology businesses.
Severance Pay
Severance pay isn’t required by law in Hawaii.
Additional State-Specific Employment Laws
| Temporary Disability Insurance (TDI) | Under state law, all employers must provide partial wage replacement coverage (58% of weekly wages, capped at $871 per week) to employees who can’t work due to non-work-related injury or illness, or pregnancy. To be eligible, employees must have:
The coverage lasts for 26 weeks |
| Mini-WARN | Hawaii has its own Dislocated Workers Act, similar to the federal WARN Act. It requires employers with 50 or more employees to provide written notice 60 days in advance of:
Notice must be given to employees, any union representatives, the Department of Labor and Industrial Relations (DLIR), and local officials. |
| Prepaid Care Act | Under Hawaii’s Prepaid Health Care Act, employers must maintain health care coverage for eligible employees who suffer a disability due to non-work-related illness or injury. Employees become eligible when:
|
| Mini-COBRA Health Coverage | Hawaii provides limited liability protection to businesses for COVID-19 exposure claims, as long as they comply with public health guidance in effect at the time. |
| Whistleblower Protection | The Hawaii Whistleblower Protection Act protects employees who report violations of law by their employers to a public body. In cases of retaliation, complaints must be filed within 90 days. |
Legal Resources for Employers and Employees
Several resources exist to help employers and employees navigate labor laws:
- The Hawaii Department of Labor and Industrial Relations (DLIR) is the main agency overseeing labor laws, including wage and hour, workers’ compensation, unemployment insurance, and family leave.
- The Hawaii Civil Rights Commission (HCRC) handles complaints related to employment discrimination and harassment under state law.
- The Hawaii Labor Relations Board (HLRB) oversees public sector collective bargaining and unfair labor practice disputes.
- The Office of Community Services (OCS) offers support for low-income workers, immigrants, and refugees, including employment-related services.
Disclaimer
The information presented on this website about labor laws in Hawaii is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.