Hawaii

Labor Compliance Guide

Hours & Pay Regulations

Normal Working Hours

No employer shall employ any employee for a workweek longer than 40 hours unless the employee receives overtime compensation for the employee’s employment in excess of the hours above specified at a rate, not less than 1.5 times the regular rate at which the employee is employed.

Overtime

No employer shall employ any employee for a workweek longer than 40 hours unless the employee receives overtime compensation for the employee’s employment in excess of the hours above specified at a rate, not less than 1.5 times the regular rate at which the employee is employed. If an employee performs two or more different kinds of work for the same employer, the total earnings for all such work for the pay period shall be considered to have been earned for performing one kind of work.

 

Breaks

There is no law that requires rest or meal breaks for employees other than minor employees which require that employers provide to minors fourteen or fifteen years of age a 30-minute rest or meal period after five consecutive hours of work. Rest breaks of five to twenty minutes are counted as hours worked and are compensable.

 

Breast Feeding Break

Effective July 1, 2013, an employer may provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The employer may make reasonable efforts to provide a room or other location (in close proximity to the work area), other than a toilet stall, where the employee can express her milk in privacy.

Annual Leave

In Hawaii, paid vacation is not required by law. Hawaii Revised Statutes, of the Payment of Wages and Other Compensation Law, states that employers that provide vacation leave benefits must make their policies available to employees in writing or through a notice posted in a place accessible to the employees. The employer’s policy determines the criteria to earn and use these benefits.

Minimum Wage

Effective January 1, 2018, the state’s hourly minimum wage has increased to $10.10, and the state’s hourly minimum cash wage for tipped workers is to increase to $9.35, based on a maximum tip credit of 75 cents.

Tips & Gratuities

Effective January 1, 2018, the state’s hourly minimum cash wage for tipped workers has increased to $9.35, based on a maximum tip credit of 75 cents. Employers may pay tipped employees (those who receive more than $20 a month in tips) 75 cents less than the applicable minimum wage in 2017 if the combined amount of the employee’s wages and tips total at least $7 more than the current minimum wage.

 

On January 1, 2018, the state’s hourly minimum wage rate is to increase to $10.10. The state’s tip credit is to be 75 cents. Thus, to meet the requirement that an employee’s wages and tips equal at least $7 more than the current minimum wage, an employee’s wages and tips must total $17.10. ($10.10 + $7 = $17.10).

Meal Breaks

In Hawaii, the only requirement for breaks is found in the Hawaii Child Labor Law, which requires that employers provide to minors fourteen or fifteen years of age a 30-minutes rest or meal period after 5 consecutive hours of work.

 

If an employer does provide a break for the purpose of a meal, the period is not compensable if the period is 30 minutes or more and the employee is completely relieved of duty. Therefore, it is possible to be scheduled at the place of business for 8 1/2 hours with 8 hours of work and one unpaid 30-minute meal period. There is no law that requires rest or meal breaks for other employees.

Special Leave

Unpaid Leave
Employees may be eligible to take unpaid, job-protected, leave under the Family Medical Leave Act (“FMLA”). Please refer to the main United States page for further details on this Federal law.
Domestic Violence Leave

An employer employing fifty or more employees shall allow an employee to take up to 30 days of unpaid victim leave from work per calendar year, or an employer employing not more than forty-nine employees shall allow an employee to take up to 5 days of unpaid leave from work per the calendar year, if the employee or the employee’s minor child is a victim of domestic or sexual violence; provided the leave is to either:

  • Seek medical attention for the employee or employee’s minor child to recover from physical or psychological injury or disability caused by domestic or sexual violence; or
  • Obtain services from a victim services organization; or
  • Obtain psychological or other counseling; or
  • Temporarily or permanently relocate; or
  • Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic or sexual violence, or other actions to enhance the physical, psychological, or economic health or safety of the employee or the employee’s minor child or to enhance the safety of those who associate with or work with the employee.
Amendment to Hawaii Revised Statute

Effective July 11, 2017, an employee shall be entitled to a total of 4 weeks of family leave during any calendar year –

      • Upon the birth of a child of the employee or the adoption of a child; or
      • To care for the employee’s child or employee’s spouse or reciprocal beneficiary or sibling or parent with a serious health condition.

In any case in which the necessity for family leave for purposes of birth or adoption of a child or providing care to a child, spouse, reciprocal beneficiary, sibling, or parent is foreseeable, the employee shall provide the employer with prior notice of the expected birth or adoption or serious health condition in a manner that is reasonable and practicable.

Donor Leave

State or county employees are allowed up to 30 days of paid leave for organ donation. (§78-23.6).

 

Private employers with 50+ employees must offer up to 30 days of paid leave for organ donation. Donors can be required to take unused leave as a condition of this benefit. This benefit cannot be used concurrently with the Family and Medical Leave Act. (SB1233).

Last updated on: February 7th, 2019