Hawaii Labor Laws

Updated: 04/14/2020

Hawaii Minimum Wage

The current minimum wage in Hawaii is $10.10 per hour. That can be compared to the $7.25 hourly wage required under the federal Fair Labor Standards Act. When there's a difference between federal and state laws, businesses must pay employees the higher rate.

USA map with Hawaii superimposed

Employees working on state or county public construction projects, under Chapter 104, Hawaii Revised Statutes, Wages and Hours of Employees on Public Works Law, may need to be paid more because prevailing wage rates apply.

The prevailing wage rate is the sum of the basic hourly rate and the cost to an employer of providing a laborer or mechanic with fringe benefits.

Hawaii Combined Federal and State Kit plus Update Service

Have all of your state and federal required posters updated whenever the laws change.

History of Hawaii Labor Laws

The state minimum wage surpassed the federal minimum wage in 2015 and has continued to climb higher. Here's 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 doesn't have preemption laws on the books, no cities or other municipalities have passed 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, Hawaii Revised Statutes, tipped employees may be paid less than the applicable minimum wage if certain conditions are met.

Before using the tip credit of 75 cents per hour, make sure that the employee customarily and regularly receives more than $20 per month in tips.

Also, the tip credit may be reduced depending on the employee's hourly tip rate.

Here's how that plays out:

If the employee's hourly tip rate is $7.75, the employer may pay an adjusted minimum wage rate of $9.35 (that's $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 (that's $10.10 - 74 cents).

That continues, ending with this:

If the employee's hourly tip rate is $7, 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 after 40 hours in a workweek.

For employees working on state or county public works construction projects, the overtime rate kicks in 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 jobs may be exempt from overtime.

Child Labor Laws in Hawaii

Under the Hawaii Child Labor Law, minors who are 14 and 15 years old may work 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 aren't permitted to work more than 40 hours per week.
  • Employers can't let these minors work more than six consecutive days. Furthermore, 14- and 15-year-olds can't work more than five consecutive hours without at least a 30-minute rest or meal period.

As for 16- and 17-year-old minors, the law doesn't restrict their hours except when they're supposed to be in school.

Note that a minor under the age of 14 may be allowed to work in theatrical jobs (model, dancer, singer, musician, entertainer, motion picture, television, radio or theatrical performer), but certain conditions must be met as prescribed by the Department of Labor and Industrial Relations.

Employer Recordkeeping Requirements

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

Recent Hawaii Labor Law Changes

Occupational Safety and Health Law - January 2018

Updated to reflect that employers must report work-related fatalities within eight hours, and inpatient hospitalizations, amputations, and losses of an eye within 24 hours. Training must be provided to all workers in a language and vocabulary they can understand. Penalty amounts for violations have also been removed.

Minimum Wage - January 2018

The Hawaii Family Leave Law section of the Wage and Hour Laws poster has been updated to reflect that employees may now use leave to care for a sibling.

Hawaii Labor Law Questions & Answers

Hawaii Combined Federal and State Kit plus Update Service

Have all of your state and federal required posters updated whenever the laws change.