🇺🇸 Hawaii EMPLOYMENT LAW — 2026 UPDATE

Hawaii Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 20, 2026
Last Reviewed: January 20, 2026
Applicable Period: 2026
Jurisdiction: State of Hawaii, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Hawaii Labor Law 2026

Table of Contents

Click any item below to jump to the relevant section

Introduction

Hawaii employment law establishes the rights and responsibilities governing the relationship between employees and employers across the Aloha State. This comprehensive guide covers both state-specific Hawaii laws and applicable federal regulations that affect workplaces throughout Hawaii’s islands.

Who This Guide Serves:

  • Employees: Understanding your workplace rights, protections, and remedies
  • Employers: Ensuring compliance with wage, hour, discrimination, and workplace safety requirements
  • Human Resources Professionals: Navigating Hawaii’s employment law framework
  • Business Owners: Understanding employer obligations under Hawaii and federal law

What This Guide Covers:

  • At-will employment doctrine and exceptions
  • Minimum wage, overtime, and wage payment requirements
  • Protected classes and anti-discrimination protections
  • Reasonable accommodation obligations
  • Employee leave rights
  • Employer compliance requirements
  • Complaint filing procedures and remedies
  • 2026 legislative updates

Official Sources Referenced: All information in this guide comes from official government sources, including:

  • Hawaii Revised Statutes (HRS)
  • Hawaii Department of Labor and Industrial Relations (DLIR)
  • Hawaii Civil Rights Commission (HCRC)
  • U.S. Department of Labor
  • Equal Employment Opportunity Commission (EEOC)

Employment Law Framework in Hawaii

1.1 At-Will Employment Doctrine

Hawaii follows the at-will employment doctrine, which governs most employment relationships in the state.

What At-Will Employment Means

According to Hawaii courts, where an employee is hired under a contract of indefinite duration, the relationship “will generally be construed as giving rise to an at-will employment relationship and as therefore terminable at the will of either party for any reason or no reason.”

Source: Shoppe v. Gucci Am., Inc., 14 P.3d 1049, 1064, 94 Haw. 368, 383 (2000)

For Employees: Under at-will employment, an employee may:

  • Resign at any time for any reason or no reason
  • Leave without providing advance notice (unless required by contract)
  • Not be required to provide a reason for resignation

For Employers: Under at-will employment, an employer may:

  • Terminate employment at any time for any lawful reason or no reason
  • Not be required to provide advance notice of termination (unless required by contract or collective bargaining agreement)
  • Not be required to establish “just cause” for termination (unless required by contract)

Important Clarification: According to the Hawaii Supreme Court in Douglas v. Pflueger Haw., Inc., 135 P.3d 129, 110 Haw. 520 (2006), “at-will does not mean the nonexistence of an agreement of employment between the parties.”

Exceptions to At-Will Employment

While Hawaii recognizes at-will employment, several important exceptions exist that limit an employer’s ability to terminate employees.

1. Contractual Exceptions

According to Hawaii courts, employment handbooks or policy manuals can modify at-will employment relationships.

The right of employers to discharge employees “can be contractually modified and, thus, qualified by statements contained in employee policy manuals or handbooks issued by employers to their employees.”

Source: Kinoshita v. Canadian Pac. Airlines, 68 Haw. 594, 724 P.2d 110 (1986)

Contractual exceptions include:

  • Written employment contracts specifying termination conditions
  • Collective bargaining agreements
  • Employee handbooks or policies creating contractual obligations
  • Oral contracts (though more difficult to prove)

2. Statutory Exceptions

Hawaii and federal law prohibit termination based on protected characteristics or activities.

Hawaii Revised Statutes Chapter 378, Part I prohibits discrimination based on:

  • Race
  • Sex (including gender identity or expression)
  • Sexual orientation
  • Age
  • Religion
  • Color
  • Ancestry
  • Disability
  • Marital status
  • Arrest and court record
  • Credit history or credit report
  • Reproductive health decisions
  • Domestic or sexual violence victim status
  • National Guard participation
  • Assignment of income for child support obligations

Source: Hawaii Revised Statutes § 378-2 Available at: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0378/HRS_0378-0002.htm Enforced by: Hawaii Civil Rights Commission

Hawaii Revised Statutes § 378-32 prohibits termination:

  • Solely because employer was summoned as garnishee or employee filed bankruptcy
  • Solely because employee suffered compensable work injury (unless employee cannot perform work and no other work available)
  • Because employee testified or was subpoenaed in proceedings under Chapter 378

Source: Hawaii Revised Statutes § 378-32 Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0378/HRS_0378-0032.htm

Federal statutes also prohibit termination based on:

  • Title VII protected characteristics (race, color, religion, sex, national origin)
  • Age (40 and over) under the Age Discrimination in Employment Act
  • Disability under the Americans with Disabilities Act
  • Genetic information under the Genetic Information Nondiscrimination Act
  • Filing workers’ compensation claims
  • Reporting workplace safety violations to OSHA
  • Union activities protected under the National Labor Relations Act

3. Public Policy Exception

Hawaii courts recognize a public policy exception to at-will employment.

According to the Hawaii Supreme Court in Parnar v. Americana Hotels, Inc., 652 P.2d 625, 65 Haw. 370 (1982), an employer may be held liable in tort where the discharge of an employee violates a clear mandate of public policy.

Source: Parnar v. Americana Hotels, Inc., 652 P.2d 625, 65 Haw. 370 (1982)

In determining whether a clear mandate of public policy is violated, courts inquire whether the employer’s conduct contravenes the letter or purpose of a constitutional, statutory, or regulatory provision or scheme.

Examples of terminations that may violate public policy include:

  • Firing an employee for performing jury duty
  • Terminating an employee for refusing to commit an illegal act
  • Discharging an employee for exercising a statutory right
  • Retaliation against whistleblowers who report violations

4. Whistleblower Protection

Hawaii’s Whistleblowers’ Protection Act provides additional protection from retaliation.

Hawaii Revised Statutes §§ 378-61 to 378-70 prohibit employers from:

  • Threatening to discharge or discharging employees
  • Otherwise discriminating against employees
  • Who report or are about to report employer violations of law to a public body
  • Who participate in investigations, hearings, or court actions

Source: Hawaii Revised Statutes Chapter 378, Part V Available at: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0378/

Covered reports include violations of:

  • State statutes, ordinances, or regulations
  • Federal law
  • Contracts executed by the State or political subdivisions

Employers must post notices informing employees of their whistleblower rights.

1.2 Employment Law vs Labor Law: Understanding the Distinction

The terms “employment law” and “labor law” are often used interchangeably but refer to distinct legal frameworks in Hawaii.

Employment Law (Broader Framework)

Employment law encompasses the comprehensive legal framework governing individual employment relationships in Hawaii, including:

  • Wage and hour requirements (minimum wage, overtime, wage payment)
  • Anti-discrimination and civil rights protections
  • Workplace safety (OSHA requirements)
  • Employee leave (family, medical, sick leave, victims leave)
  • Workers’ compensation
  • Unemployment insurance
  • Wrongful termination and retaliation protections

Primary Hawaii Statutes:

  • Chapter 387, HRS: Wages and Hours of Employees on Public Works
  • Chapter 378, HRS: Employment Practices
  • Chapter 386, HRS: Workers’ Compensation Law
  • Chapter 383, HRS: Employment Security Law

Employment law applies to virtually all employment relationships in Hawaii, whether unionized or non-unionized.

Labor Law (Subset Focused on Collective Bargaining)

Labor law specifically addresses the relationship between employers, employees, and labor unions, including:

  • Union organizing and representation
  • Collective bargaining processes
  • Labor-management relations
  • Union elections and certification
  • Strikes and work stoppages
  • Grievance procedures under collective bargaining agreements
  • Union unfair labor practices

Primary Hawaii Statutes:

  • Chapter 377, HRS: Labor Organizations
  • Chapter 380, HRS: Labor Relations in Public Employment

Federal Law:

  • National Labor Relations Act (NLRA) for private sector
  • Railway Labor Act for railroad and airline employees

When Each Applies

Employment Law applies:

  • To all employees (union and non-union)
  • Regardless of collective bargaining status
  • Establishes minimum standards (wage, safety, discrimination)
  • Individual employees enforce rights through agencies or courts

Labor Law applies:

  • To unionized workplaces
  • Governs union-management relationship
  • Collective bargaining agreements may provide greater rights than employment law minimums
  • Enforcement often through grievance procedures and labor arbitration

Important Note: Collective bargaining agreements cannot waive statutory employment law rights (such as minimum wage or discrimination protections) but may provide additional benefits beyond legal minimums.

1.3 Hawaii’s Right-to-Work Status

Hawaii is not a right-to-work state.

In states without right-to-work laws (like Hawaii), collective bargaining agreements may include:

  • Union security clauses requiring employees in bargained units to join the union or pay union fees
  • Agency shop provisions requiring non-members to pay fees for union representation services

Public Sector Bargaining Units: Hawaii has 15 public employee collective bargaining units covering state and county government employees.

Source: Hawaii Department of Human Resources Development Available at: https://dhrd.hawaii.gov/state-hr-professionals/lro/public-emp-excl-reps/

Major public employee unions in Hawaii include:

  • Hawaii Government Employees Association (HGEA), AFSCME Local 152
  • United Public Workers (UPW), AFSCME Local 646
  • Hawaii State Teachers Association (HSTA)
  • University of Hawaii Professional Assembly (UHPA)
  • Hawaii Fire Fighters Association (HFFA)

Private Sector: Private sector unionization in Hawaii varies by industry, with higher rates in:

  • Construction
  • Healthcare
  • Hospitality
  • Transportation

Employee Rights in Hawaii

2.1 Wage and Hour Rights

Hawaii law establishes minimum standards for employee compensation, working hours, and wage payment.

Minimum Wage

Current Hawaii Minimum Wage (2026): $16.00 per hour

Effective Date: January 1, 2026

Statutory Authority: According to Hawaii Revised Statutes § 387-2(a), as amended by Act 114, Session Laws of Hawaii 2022:

“Except as provided in section 387-9 and this section, every employer shall pay to each employee employed by the employer, wages at the rate of not less than: (10) $12.00 per hour beginning October 1, 2022; (11) $14.00 per hour beginning January 1, 2024; (12) $16.00 per hour beginning January 1, 2026; and (13) $18.00 per hour beginning January 1, 2028.”

Source: Hawaii Revised Statutes § 387-2 Official text: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0387/HRS_0387-0002.htm Last amended: 2022

According to the Hawaii Department of Labor and Industrial Relations, published December 15, 2025:

“Hawaiʻi’s statewide minimum wage rate will increase by $2.00 to $16.00 per hour effective January 1, 2026. This marks the third step in a series of scheduled increases, culminating in a final rate of $18.00 per hour on January 1, 2028.”

Source: DLIR News Release Published by: Hawaii Department of Labor and Industrial Relations Available at: https://labor.hawaii.gov/hawai%CA%BBis-minimum-wage-increases-to-16-00-on-january-1/ Date: December 15, 2025

Future Minimum Wage Increases:

  • January 1, 2028: $18.00 per hour

Federal Minimum Wage: The federal minimum wage is $7.25 per hour. When state and federal minimum wage differ, employers must pay the higher rate. Hawaii’s minimum wage exceeds federal requirements.

Source: Fair Labor Standards Act, 29 U.S.C. § 206 Available at: https://www.dol.gov/agencies/whd/minimum-wage

Tip Credit

Hawaii law permits employers to pay tipped employees below the minimum wage under specific conditions.

According to Hawaii Revised Statutes § 387-2(b):

“The hourly wage of a tipped employee may be deemed to be increased on account of tips if the employee is paid not less than:

75 cents below the applicable minimum wage by the employee’s employer and the combined amount the employee receives from the employee’s employer and in tips is at least 50 cents more than the applicable minimum wage; provided that beginning January 1, 2015, the combined amount the employee receives from the employee’s employer and in tips is at least $7.00 more than the applicable minimum wage.”

Source: Hawaii Revised Statutes § 387-2(b) Available at: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0387/HRS_0387-0002.htm

2026 Tip Credit Calculation:

  • Minimum cash wage to tipped employee: $15.25 per hour ($16.00 – $0.75)
  • Required total (wages + tips): At least $23.00 per hour ($16.00 + $7.00)
  • Maximum tip credit: $0.75 per hour

Employer Obligations for Tip Credit: To use the tip credit, employers must:

  • Pay tipped employees at least $15.25 per hour in direct wages (2026 rate)
  • Ensure employee receives at least $23.00 per hour total (wages + tips)
  • Maintain accurate tip records
  • Inform employees of tip credit provisions

Overtime Requirements

Hawaii law requires overtime compensation for hours worked beyond 40 in a workweek.

Hawaii Overtime Standard: According to Hawaii Revised Statutes § 387-3(a):

“No employer shall, except as otherwise provided in this section, employ any employee for a workweek longer than forty 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 one and one-half times the regular rate at which the employee is employed.”

Source: Hawaii Revised Statutes § 387-3 Official text: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0387/HRS_0387-0003.htm

Key Points:

  • Overtime required after 40 hours in a workweek
  • Rate: 1.5 times regular hourly rate
  • No daily overtime requirement in Hawaii (unlike California)
  • Workweek: Fixed, regularly recurring period of seven consecutive days

Exception for Public Works: On state or county public construction projects governed by Chapter 104, HRS, overtime is required after 8 hours per day and for all hours on Saturdays, Sundays, and state holidays.

Source: Hawaii Revised Statutes § 104-2(c) Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/hrs0104/HRS_0104-0002.htm

Federal Overtime: The federal Fair Labor Standards Act also requires overtime pay at 1.5 times regular rate after 40 hours per workweek.

Source: 29 U.S.C. § 207 Available at: https://www.dol.gov/agencies/whd/overtime

Overtime Exemptions: Certain employees are exempt from overtime requirements, including:

  • Executive, administrative, and professional employees (white collar exemptions)
  • Outside salespeople
  • Certain computer professionals
  • Agricultural workers (with specific exceptions)
  • Employees in specific industries with alternative overtime provisions

Exemption eligibility depends on job duties and salary thresholds. Employers bear the burden of proving an exemption applies.

Meal and Rest Breaks

Hawaii does not require meal or rest breaks for adult employees.

No state statute mandates meal periods or rest breaks for employees 18 years of age or older.

Search conducted:

  • Hawaii Legislature website: https://capitol.hawaii.gov/
  • Search terms: “meal break,” “rest break,” “employee breaks”
  • Date: January 20, 2026
  • Result: No state law requiring breaks for adult employees

Federal Law: The Fair Labor Standards Act does not require meal or rest breaks for employees of any age.

According to the U.S. Department of Labor:

“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”

Source: U.S. Department of Labor, Wage and Hour Division Available at: https://www.dol.gov/general/topic/workhours/breaks Topic: Breaks and Meal Periods

Break Policies:

  • Employers may voluntarily provide meal and rest breaks
  • If provided, break policies are governed by:
    • Employer policy
    • Employment contracts
    • Collective bargaining agreements

Compensability of Breaks: According to Hawaii Department of Labor and Industrial Relations:

  • Rest breaks of 5 to 20 minutes are compensable as hours worked
  • Meal breaks of 30 minutes or more are not compensable if employee is completely relieved of duty

Minor Employees: Hawaii law requires meal breaks for employees under age 16.

According to Hawaii Revised Statutes § 390-2(c)(3), employers must provide employees aged 14 or 15 with a 30-minute rest or meal period after five consecutive hours of work.

Source: Hawaii Revised Statutes § 390-2(c)(3) Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/hrs0390/HRS_0390-0002.htm

Wage Payment Requirements

Hawaii law establishes requirements for frequency and timing of wage payments.

Payment Frequency: According to Hawaii Revised Statutes § 388-2, employers must establish regular paydays occurring at least once per month on which wages are payable.

Source: Hawaii Revised Statutes § 388-2 Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0388/HRS_0388-0002.htm

Most Hawaii employers pay employees:

  • Semi-monthly (twice per month)
  • Bi-weekly (every two weeks)

Final Paycheck: When employment ends, employers must pay final wages by the next regular payday.

According to Hawaii Revised Statutes § 388-3:

“Every employer shall pay the wages due to the employee not later than the next regular payday for the work performed.”

Source: Hawaii Revised Statutes § 388-3 Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0388/HRS_0388-0003.htm

Timeline:

  • Termination: Final wages due next regular payday
  • Resignation: Final wages due next regular payday
  • No distinction between voluntary and involuntary separation

Permissible Wage Deductions: Hawaii law limits employer deductions from wages.

According to Hawaii Revised Statutes § 388-6, employers may make deductions from wages only for:

  • Deductions required by law (taxes, garnishments)
  • Deductions authorized in writing by employee
  • Deductions for uniforms and equipment (with written authorization)

Source: Hawaii Revised Statutes § 388-6 Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0388/HRS_0388-0006.htm

Employers may not make deductions that reduce employee’s wages below minimum wage unless specifically authorized by law.

Wage Payment Methods: Hawaii law defines “wage” as:

“Legal tender of the United States or checks on banks convertible into cash on demand at full face value thereof.”

Source: Hawaii Revised Statutes § 387-1 Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/hrs0387/HRS_0387-0001.htm

Acceptable payment methods include:

  • Cash
  • Check
  • Direct deposit (with employee authorization)
  • Payroll card (with employee authorization)

Recordkeeping Requirements

Employers must maintain accurate records of employee hours and wages.

According to Hawaii Revised Statutes § 387-6(a), every employer must keep a contemporaneous, true, and accurate record of:

  1. Name, address, and occupation of each employee
  2. Amount paid each pay period to each employee
  3. Hours worked each day and each workweek by each employee
  4. Rate or rates of pay and basis (hourly, salary, piece rate, commission, etc.)
  5. Gross wages, deductions, allowances, and net wages

Source: Hawaii Revised Statutes § 387-6 Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/hrs0387/HRS_0387-0006.htm

Retention Period: Employers must retain payroll records for at least three years.

Employee Rights Summary Table

Basic Wage and Hour Protections in Hawaii (2026):

Right Hawaii Standard Federal Standard Employee Protection
Minimum Wage $16.00/hour (2026) $7.25/hour Higher rate applies
Overtime 1.5x after 40 hrs/week 1.5x after 40 hrs/week Both apply
Meal Breaks Not required (adults) Not required Employer policy governs
Rest Breaks Not required (adults) Not required If given, 5–20 min compensable
Final Pay Next regular payday Not specified federally Must comply with state law
Pay Frequency At least monthly Not specified federally Regular paydays required
Minor Breaks 30 min after 5 hours (ages 14–15) Not required State protection applies
Source Hawaii Revised Statutes Chapters 387, 388, 390; Fair Labor Standards Act

2.2 Paid Sick Leave

Hawaii does not mandate paid sick leave for private sector employees.

According to the Hawaii Department of Labor and Industrial Relations, Wage Standards Division:

“In Hawaii, paid vacation and sick leave is not required by law. Under Section 388-7(3), Hawaii Revised Statutes, of the Payment of Wages and Other Compensation Law, employers that provide vacation and sick 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.”

Source: Hawaii Department of Labor and Industrial Relations, Wage Standards Division Available at: https://labor.hawaii.gov/wsd/vacation-and-sick-leave/ Topic: Vacation and Sick Leave Verified: January 20, 2026

Federal Law: No federal law requires private sector employers to provide paid sick leave to employees.

Source: U.S. Department of Labor Available at: https://www.dol.gov/general/topic/benefits-leave/sickleave

Employer Policies: When employers voluntarily provide sick leave benefits, they must comply with:

According to Hawaii Revised Statutes § 388-7(3), employers providing vacation or sick leave benefits must make their policies available to employees:

  • In writing, or
  • Through notice posted in an accessible place

Source: Hawaii Revised Statutes § 388-7(3) Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0388/HRS_0388-0007.htm

Use of Sick Leave for Family Leave: Under the Hawaii Family Leave Law, employees may use accrued sick leave for family leave purposes (covered in Section 5.2 below).

Discrimination Laws in Hawaii

3.1 Overview of Anti-Discrimination Protections

Hawaii law provides comprehensive protections against employment discrimination that exceed federal minimums in several areas.

State Authority: The Hawaii Civil Rights Commission (HCRC) enforces state laws prohibiting discrimination in employment.

According to the Hawaii Civil Rights Commission:

“The HCRC was organized in 1990 and officially opened its doors in January 1991. Since then, the HCRC has enforced state laws prohibiting discrimination in employment (H.R.S. Chapter 378, Part I), housing (H.R.S. Chapter 515); public accommodations (H.R.S. Chapter 489), and access to state and state-funded services (H.R.S. section 368-1.5). The HCRC receives, investigates, conciliates, and adjudicates complaints of discrimination.”

Source: Hawaii Civil Rights Commission Available at: https://labor.hawaii.gov/hcrc/ Last verified: January 20, 2026

Constitutional Foundation: Article I, Section 5 of the Hawaiʻi Constitution provides:

“No person shall be denied the enjoyment of civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ancestry.”

Source: Hawaii Constitution, Article I, Section 5

3.2 Protected Classes Under Hawaii Law

Hawaii law prohibits employment discrimination based on an extensive list of protected characteristics.

State Protected Classes

According to Hawaii Revised Statutes § 378-2(a)(1), it is an unlawful discriminatory practice:

“Because of race, sex including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, reproductive health decision, or domestic or sexual violence victim status if the domestic or sexual violence victim provides notice to the victim’s employer of such status or the employer has actual knowledge of such status.”

Source: Hawaii Revised Statutes § 378-2(a)(1) Official text: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0378/HRS_0378-0002.htm Last amended: 2019

Complete List of State-Protected Classes:

  1. Race
  2. Sex (including gender identity or expression)
  3. Sexual orientation
  4. Age (all ages, not limited to 40+)
  5. Religion
  6. Color
  7. Ancestry
  8. Disability
  9. Marital status
  10. Arrest and court record
  11. Reproductive health decisions
  12. Domestic or sexual violence victim status
  13. Credit history or credit report (§ 378-2(a)(8))
  14. Assignment of income for child support (§ 378-2(a)(5))
  15. National Guard participation (§ 378-2(a)(4))
  16. Breastfeeding
  17. Pregnancy and pregnancy-related conditions

Additional Source Citations:

Credit History Protection: According to Hawaii Revised Statutes §§ 378-2(a)(8) and 378-2.7, employers are prohibited from:

  • Inquiring into employee’s credit history or credit report prior to conditional offer
  • Discriminating based on credit history
  • Unless information directly relates to bona fide occupational qualification (BFOQ)

Source: Hawaii Revised Statutes § 378-2(a)(8) and § 378-2.7 Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0378/ Enacted: 2009

Domestic/Sexual Violence Victim Protection: Protections apply if:

  • Victim provides notice to employer, or
  • Employer has actual knowledge of status

Source: Hawaii Revised Statutes § 378-2(a)(1)

Federal Protected Classes

Federal anti-discrimination laws also protect employees in Hawaii.

Title VII of the Civil Rights Act (42 U.S.C. § 2000e) prohibits discrimination based on:

  • Race
  • Color
  • Religion
  • Sex
  • National origin

Source: Title VII of the Civil Rights Act Citation: 42 U.S.C. § 2000e-2 Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim EEOC guidance: https://www.eeoc.gov/laws/statutes/titlevii.cfm

Additional Federal Protections:

Age Discrimination in Employment Act (ADEA):

Americans with Disabilities Act (ADA):

Genetic Information Nondiscrimination Act (GINA):

Pregnancy Discrimination Act:

Key Differences: Hawaii vs Federal Law

1. Employer Size Requirements:

  • Federal (Title VII): Applies to employers with 15+ employees
  • Hawaii: Applies to employers with 1+ employees for most protections

Source: Hawaii Revised Statutes § 378-1 defines “Employer” as “any person, including the State or any of its political subdivisions and any agent of such person, having one or more employees.” Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0378/HRS_0378-0001.htm

2. Age Protection:

  • Federal (ADEA): Protects only employees age 40 and over
  • Hawaii: Protects employees of all ages

3. Additional Hawaii Protections: Hawaii protects classes not covered by federal law:

  • Sexual orientation and gender identity (explicit state protection)
  • Marital status
  • Arrest and court record
  • Credit history
  • Domestic/sexual violence victim status
  • Reproductive health decisions

3.3 Types of Prohibited Discrimination

Hawaii law prohibits discrimination in all aspects of employment.

Hiring and Recruitment

According to Hawaii Revised Statutes § 378-2, it is unlawful for employers to:

  • Refuse to hire any individual because of protected class status
  • Bar from employment based on protected characteristics
  • Use discriminatory practices in recruitment or job advertisements

Pre-Employment Inquiries: Hawaii Administrative Rules establish guidance on permissible pre-employment questions.

According to Hawaii Administrative Rules § 12-46-133(c), published by Hawaii Civil Rights Commission:

“Any pre-employment inquiry in connection with prospective employment which expresses directly or indirectly any limitation, specification, or discrimination as to age shall be unlawful unless based on a BFOQ.”

Source: Hawaii Administrative Rules § 12-46-133 Published by: Hawaii Civil Rights Commission Available at: https://labor.hawaii.gov/hcrc/find-a-law/hawaii-administrative-rules-6/

Terms and Conditions of Employment

Prohibited discrimination includes:

  • Compensation and benefits
  • Job assignments and classifications
  • Promotions and advancement opportunities
  • Training and development
  • Discipline and performance evaluations
  • Working conditions and hours
  • Harassment and hostile work environment

Termination and Discharge

It is unlawful to:

  • Discharge or terminate based on protected class
  • Constructively discharge (force resignation through intolerable conditions)
  • Select for layoff based on protected characteristics

Retaliation

According to Hawaii Revised Statutes § 378-2(a)(2):

“For any employer, labor organization, or employment agency to discharge, expel, or otherwise discriminate against any individual because the individual has opposed any practice forbidden by this part or has filed a complaint, testified, or assisted in any proceeding respecting the discriminatory practices prohibited under this part.”

Source: Hawaii Revised Statutes § 378-2(a)(2) Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0378/HRS_0378-0002.htm

Protected activities include:

  • Filing discrimination complaint with HCRC or EEOC
  • Testifying in discrimination proceeding
  • Opposing discriminatory practices
  • Assisting others in asserting rights
  • Participating in investigation

3.4 Sexual Harassment

Sexual harassment is a form of sex discrimination prohibited under Hawaii law.

Legal Definition

According to Hawaii Administrative Rules, Hawaii Civil Rights Commission defines sexual harassment as:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  1. Submission is made a term or condition of employment (quid pro quo)
  2. Submission or rejection affects employment decisions
  3. Conduct has purpose or effect of unreasonably interfering with work performance or creating intimidating, hostile, or offensive work environment

Source: Hawaii Administrative Rules, Title 12, Chapter 46 Published by: Hawaii Civil Rights Commission Available at: https://labor.hawaii.gov/hcrc/find-a-law/

Two Types of Sexual Harassment

1. Quid Pro Quo Harassment:

  • Occurs when submission to sexual conduct is explicitly or implicitly a term of employment
  • Employment decisions (hiring, promotion, benefits) based on acceptance or rejection of sexual advances
  • Supervisor or person with authority makes unwelcome sexual advances
  • Retaliation for refusing sexual demands

2. Hostile Work Environment:

  • Unwelcome sexual conduct that is severe or pervasive
  • Creates intimidating, hostile, or offensive work environment
  • Unreasonably interferes with employee’s work performance
  • Can be created by supervisors, co-workers, or third parties

Examples include but are not limited to:

  • Unwanted sexual advances or propositions
  • Sexual comments, jokes, or innuendo
  • Display of sexually explicit materials
  • Unwanted touching or physical contact
  • Sexual gestures or leering
  • Questions about sexual activities or preferences
  • Sending sexually explicit messages or images

Employer Liability

According to Hawaii law and Hawaii Civil Rights Commission interpretations:

For Supervisor Harassment: Employers are strictly liable for sexual harassment by supervisors, regardless of whether employer knew or should have known.

Source: Hawaii Civil Rights Commission decision and Hawaii Administrative Rules § 12-46-175(d)

According to the Hawaii Supreme Court in Shoppe v. Gucci America, Inc., 94 Haw. 368, 14 P.3d 1049 (2000):

“Section 12-46-175(d), Hawaii administrative rules, does not contradict or conflict with chapter 378, and the Hawaii civil rights commission did not overstep its statutory authority in imposing strict liability on employers for the discriminatory actions of their supervisors.”

Source: 94 Haw. 368, 14 P.3d 1049 (2000)

For Co-worker Harassment: Employers are liable if they knew or should have known of harassment and failed to take prompt corrective action.

Prevention and Training Requirements

Hawaii does not have a statewide sexual harassment training mandate for private sector employers.

Search conducted:

  • Hawaii Revised Statutes Chapter 378
  • Hawaii Department of Labor and Industrial Relations website
  • Date: January 20, 2026
  • Result: No state-mandated sexual harassment training requirement for private employers

Public Sector: Some public sector employers may have specific training requirements under collective bargaining agreements or administrative policies.

Note: While Hawaii does not mandate sexual harassment training for private employers, employers remain liable for harassment that occurs in the workplace under HRS Chapter 378.

3.5 Enforcement and Remedies

Filing Discrimination Complaints

Employees who experience discrimination may file complaints with:

1. Hawaii Civil Rights Commission (HCRC)

Jurisdiction: According to Hawaii Revised Statutes § 368-11(a):

“The commission shall have jurisdiction over the subject of discriminatory practices made unlawful by part I of chapter 489, chapter 515, part I of chapter 378, and this chapter.”

Source: Hawaii Revised Statutes § 368-11(a) Available at: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0368/HRS_0368-0011.htm

Filing Deadline: According to Hawaii Revised Statutes § 368-11(c), complaints must be filed within 180 days from:

  • Date discriminatory action took place, or
  • Last occurrence in pattern of ongoing discriminatory practice

Source: Hawaii Revised Statutes § 368-11(c) Available at: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0368/HRS_0368-0011.htm

How to File: File written complaint with:

Hawaii Civil Rights Commission 830 Punchbowl Street, Room 411 Honolulu, HI 96813

Phone: (808) 586-8636 Website: https://labor.hawaii.gov/hcrc/ Online Filing: Available through HCRC website

Source: Hawaii Civil Rights Commission Available at: https://labor.hawaii.gov/hcrc/ Verified: January 20, 2026

2. Equal Employment Opportunity Commission (EEOC)

For federal law violations (Title VII, ADA, ADEA, GINA):

EEOC Honolulu Local Office 300 Ala Moana Boulevard, Room 7-127 Honolulu, HI 96850

Phone: 1-800-669-4000 TTY: 1-800-669-6820 Website: https://www.eeoc.gov/

Filing Deadline:

  • 180 days from discriminatory act (federal law)
  • 300 days if state law also applies (Hawaii has work-sharing agreement with EEOC)

Source: EEOC Available at: https://www.eeoc.gov/filing-charge-discrimination

Dual Filing: According to HCRC:

“The U.S. Equal Employment Opportunity Commission (EEOC) enforces the federal laws prohibiting discrimination in employment and the HCRC enforces the state laws prohibiting discrimination. The HCRC has a workshare agreement with the EEOC, and employment cases that are filed with the EEOC are dual-filed with the HCRC if the protected category is protected at both the state and federal level.”

Source: Hawaii Civil Rights Commission FAQs Available at: https://labor.hawaii.gov/hcrc/faqs/

Investigation and Conciliation

After complaint is filed:

  1. Investigation: HCRC or EEOC investigates allegations
  2. Finding: Agency makes determination of reasonable cause or no reasonable cause
  3. Conciliation: If reasonable cause found, agency attempts settlement between parties
  4. Hearing or Right to Sue: If conciliation unsuccessful:
    • HCRC may hold administrative hearing, or
    • Issue right-to-sue letter allowing private lawsuit

Available Remedies

According to Hawaii Revised Statutes § 368-17, courts may award:

Compensatory Damages:

  • Lost wages and benefits (back pay)
  • Future lost wages (front pay)
  • Out-of-pocket expenses
  • Emotional distress damages
  • Pain and suffering

Punitive Damages:

  • Available in cases involving intentional discrimination
  • Purpose: Punish defendant and deter future violations

Equitable Relief:

  • Reinstatement to position
  • Promotion
  • Hiring
  • Policy changes
  • Training requirements

Attorney’s Fees and Costs:

  • Prevailing party may recover attorney’s fees
  • Court costs and litigation expenses

Source: Hawaii Revised Statutes § 368-17 Available at: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0368/HRS_0368-0017.htm

Note: Damages caps may apply under federal law depending on employer size.

Reasonable Accommodations

4.1 Disability Accommodations

Hawaii law requires employers to provide reasonable accommodations for qualified individuals with disabilities.

Legal Requirements

According to Hawaii Revised Statutes § 378-2, employers must:

  • Not discriminate because of disability
  • Provide reasonable accommodations unless undue hardship
  • Engage in interactive process with employee

Definition of Disability: According to Hawaii Revised Statutes § 378-1:

“‘Disability’ means the state of having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment.”

Source: Hawaii Revised Statutes § 378-1 Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0378/HRS_0378-0001.htm

This definition mirrors the Americans with Disabilities Act definition.

Major Life Activities include:

  • Caring for oneself
  • Performing manual tasks
  • Seeing, hearing, eating, sleeping, walking, standing, lifting, bending
  • Learning, reading, concentrating, thinking, communicating, working
  • Major bodily functions (immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, reproductive functions)

What is Reasonable Accommodation?

Reasonable accommodation includes modifications or adjustments to:

  • Job application process
  • Work environment
  • Manner or circumstances under which job is performed
  • Benefits and privileges of employment

Examples of Reasonable Accommodations:

  • Modified work schedule or part-time schedule
  • Reassignment to vacant position
  • Modification of workplace policies
  • Acquisition or modification of equipment or devices
  • Adjustment or modification of examinations, training materials, or policies
  • Provision of qualified readers or interpreters
  • Making existing facilities accessible
  • Telework arrangements
  • Leave as accommodation

4.2 Interactive Process

Employers and employees must engage in an interactive process to identify reasonable accommodations.

Steps in Interactive Process:

1. Employee Requests Accommodation

  • Request can be verbal or written
  • Employee must indicate need for adjustment due to medical condition
  • Does not need to use term “reasonable accommodation”

2. Employer Gathers Information

  • May request medical documentation of disability
  • Identify functional limitations
  • Determine what accommodations needed

3. Explore Accommodation Options

  • Employer and employee discuss possible accommodations
  • Consider employee’s preference
  • Identify effective accommodations

4. Choose and Implement Accommodation

  • Select accommodation that is effective and reasonable
  • Implement in timely manner
  • Monitor effectiveness

5. Follow-Up and Reassess

  • Determine if accommodation is working
  • Make adjustments if needed
  • Address any issues

Employer Obligations:

  • Initiate interactive process once aware of need
  • Engage in good faith
  • Consider employee’s preferred accommodation
  • Provide effective accommodation (not necessarily employee’s first choice)
  • Document interactive process

Employee Obligations:

  • Cooperate in interactive process
  • Provide medical documentation if requested
  • Participate in identifying accommodations
  • Accept reasonable accommodation offered

4.3 Undue Hardship Exception

Employers are not required to provide accommodations that impose undue hardship.

Undue Hardship Factors:

  • Nature and cost of accommodation
  • Overall financial resources of facility and employer
  • Number of employees at facility and employer overall
  • Type of operation
  • Impact on facility operations

Burden of Proof: Employer must prove undue hardship exists. Must demonstrate significant difficulty or expense.

4.4 Religious Accommodations

Employers must reasonably accommodate sincerely held religious beliefs, practices, and observances.

Types of Religious Accommodations:

  • Time off for religious observances
  • Scheduling changes to avoid Sabbath or religious holidays
  • Dress code modifications (head coverings, religious garments)
  • Grooming policy exceptions (beards, hairstyles)
  • Exemption from workplace requirements that conflict with religious beliefs

Undue Hardship for Religious Accommodation: Employer must show more than de minimis cost or burden.

4.5 Pregnancy Accommodations

Pregnant employees are entitled to reasonable accommodations.

Pregnancy as Disability: Under Hawaii law, pregnancy-related conditions may constitute temporary disability requiring accommodation.

Common Pregnancy Accommodations:

  • Modified work schedule
  • More frequent breaks
  • Temporary transfer to less strenuous position
  • Light duty assignment
  • Seating accommodation
  • Temporary exemption from lifting requirements
  • Leave for prenatal care

Lactation Accommodation: According to Hawaii Revised Statutes Chapter 378, Part VII, employers must provide:

  • Reasonable break time for employee to express milk
  • Private location (not bathroom) for expressing milk

Source: Hawaii Revised Statutes §§ 378-91, 378-92 Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0378/

Employers with fewer than 20 employees may be exempt if requirements impose undue hardship.

Employer Obligations in Hawaii

5.1 Required Workplace Postings

Hawaii employers must display specific notices informing employees of their workplace rights.

State-Required Postings

Hawaii Labor Law Poster: According to Hawaii Department of Labor and Industrial Relations, employers must post the official Labor Law Poster.

Source: Hawaii Department of Labor and Industrial Relations Available at: https://labor.hawaii.gov/labor-law-poster/ Last updated: Check website for current version

The Labor Law Poster includes:

  • Wage and Hour Law requirements
  • Disability Compensation Law
  • Laws Prohibiting Employment Discrimination
  • Occupational Safety & Health Laws
  • Required Notice to Dislocated Workers/Plant Closings
  • Unemployment Insurance Law

How to Obtain:

Whistleblower Protection Notice: Employers must post notice of whistleblower rights.

Source: Hawaii Revised Statutes § 378-63 Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0378/

Federal Required Postings

Employers covered by federal laws must also display:

1. Fair Labor Standards Act (FLSA) Poster

2. Equal Employment Opportunity (EEO) Poster

3. OSHA Safety and Health Poster

4. Employee Polygraph Protection Act Poster

5. Family and Medical Leave Act (FMLA) Poster

6. Employee Rights Under NLRA

Posting Requirements:

  • Post in conspicuous location where employees can easily see
  • Multiple locations if employees work in different areas
  • Available in languages spoken by employees if non-English speaking workforce
  • Electronic posting permitted for remote employees with employer notice

5.2 New Hire Reporting

Hawaii requires employers to report new hires to state agencies.

New Hire Reporting Requirement: According to Hawaii law, employers must report newly hired or rehired employees.

Reporting Timeline: Within 20 days of hire date

Information to Report:

  • Employee’s name
  • Employee’s address
  • Employee’s social security number
  • Employee’s date of hire
  • Employer’s name
  • Employer’s address
  • Employer’s federal employer identification number (FEIN)

How to Report: Hawaii Child Support Enforcement Agency (CSEA)

Online: Hawaii New Hire Reporting Portal Phone: (808) 692-7000 Website: https://ag.hawaii.gov/csea/

Source: Hawaii Child Support Enforcement Agency Verified: January 20, 2026

Purpose: New hire reporting helps locate parents who owe child support.

5.3 Recordkeeping Requirements

Employers must maintain accurate employment records.

Wage and Hour Records

According to Hawaii Revised Statutes § 387-6(a), employers must keep records of:

  1. Name, address, and occupation of each employee
  2. Amount paid each pay period
  3. Hours worked each day and workweek
  4. Rate of pay and basis (hourly, salary, piece rate, commission)
  5. Gross wages
  6. Deductions
  7. Allowances claimed as part of minimum wage
  8. Net wages

Source: Hawaii Revised Statutes § 387-6 Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/hrs0387/HRS_0387-0006.htm

Retention Period:

  • Payroll records: 3 years minimum
  • Personnel files: 3 years (common practice)
  • Employment applications: 1 year after making hiring decision

Form I-9 and Employment Verification

All U.S. employers must verify employee eligibility to work.

Form I-9 Requirements:

  • Complete for all employees hired after November 6, 1986
  • Complete within 3 business days of hire
  • Examine original documents establishing identity and work authorization
  • Retain for 3 years after hire date or 1 year after separation, whichever is later

Source: U.S. Citizenship and Immigration Services Form I-9: https://www.uscis.gov/i-9

E-Verify: Federal contractors and some other employers may be required to use E-Verify electronic employment verification system.

Source: https://www.e-verify.gov/

Anti-Discrimination Records

Records commonly maintained for defense in discrimination claims include:

  • Job applications and resumes
  • Interview notes and evaluations
  • Promotion and transfer records
  • Performance evaluations
  • Disciplinary records
  • Termination records
  • Accommodation requests and responses

Common Retention Period: At least 1 year from date of decision or action

Purpose: Documentation for defense in discrimination claims; demonstrate legitimate, nondiscriminatory reasons for employment decisions

Workers’ Compensation Records

Maintain records of:

  • Workplace injuries and illnesses
  • Workers’ compensation claims
  • OSHA 300 logs (if required)

Source: Hawaii Department of Labor and Industrial Relations Available at: https://labor.hawaii.gov/dcd/

5.4 Temporary Disability Insurance (TDI)

Hawaii is one of few states requiring employers to provide temporary disability insurance.

Legal Requirement: According to Hawaii law, employers must provide TDI coverage to eligible employees.

Coverage Requirements: Employers must provide TDI benefits to employees who:

  • Worked at least 14 weeks for employer
  • Earned at least $400 in 52 weeks prior to disability
  • Work at least 20 hours per week

Benefits Provided:

  • Up to 26 weeks of partial wage replacement
  • Typically 58% of average weekly wages
  • Subject to weekly maximum benefit amount

For 2026: Maximum Weekly Wage Base: $1,500.21 Maximum Weekly Benefit: $871.00 Maximum Weekly Withholding: $7.50 (0.5% of weekly wage, capped)

Source: Hawaii Department of Labor and Industrial Relations, Disability Compensation Division Available at: https://labor.hawaii.gov/dcd/files/2025/12/2026-Maximum-Weekly-Wage-Base.pdf Published: December 2025

Employer Compliance:

  • Provide TDI coverage through approved plan (state plan or self-insured)
  • Post TDI notices
  • May withhold up to 0.5% of employee wages for premiums (maximum $7.50/week)
  • Provide benefits when employee becomes disabled

Covered Disabilities:

  • Pregnancy and childbirth
  • Illness not related to work
  • Injury not related to work (off-the-job injuries)
  • Medical procedures and recovery

Not Covered:

  • Work-related injuries (covered by workers’ compensation)
  • Disabilities covered by workers’ compensation

Source: Hawaii Revised Statutes Chapter 392 Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/hrs0392/

5.5 Prepaid Health Care Act

Hawaii requires most employers to provide health insurance to eligible employees.

Legal Requirement: According to Hawaii Prepaid Health Care Act, employers must provide health insurance to employees who:

  • Work 20 or more hours per week
  • Work for 4 consecutive weeks
  • Earn wages subject to TDI

Source: Hawaii Revised Statutes Chapter 393 Available at: https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/hrs0393/

Employer Premium Contribution: Employers may require employees to contribute:

  • Up to 1.5% of wages toward premium cost
  • But not more than 50% of total premium

Coverage Requirements:

  • Must meet minimum coverage standards
  • Cannot have waiting period exceeding first day of fourth consecutive month
  • Cannot terminate coverage while employee remains eligible

Exemptions:

  • Real estate and insurance salespersons on commission
  • Certain seasonal agricultural workers
  • Federal, state, county government employees
  • Others specified in statute

Source: Hawaii Department of Labor and Industrial Relations, Prepaid Health Care section Available at: https://labor.hawaii.gov/dcd/home/about-prepaid-health-care/

Filing Complaints

6.1 When to File a Complaint

Complaints may be filed when employees experience:

  • Unpaid wages or wage violations
  • Discrimination or harassment
  • Retaliation for protected activity
  • Failure to accommodate disability
  • Workplace safety violations
  • Denial of leave rights
  • Wrongful termination

6.2 Hawaii Department of Labor and Industrial Relations (Wage Claims)

For wage and hour violations:

Hawaii Department of Labor and Industrial Relations
Wage Standards Division

Main Office: 830 Punchbowl Street, Room 340 Honolulu, HI 96813

Phone: (808) 586-8777 Website: https://labor.hawaii.gov/wsd/

Jurisdiction:

  • Unpaid wages
  • Minimum wage violations
  • Overtime violations
  • Final paycheck issues
  • Improper deductions
  • Wage payment timing

How to File:

  1. Complete wage complaint form
  2. Submit to Wage Standards Division
  3. Include supporting documentation (pay stubs, time records, employment records)
  4. Cooperate with investigation

Process:

  • Investigation by wage inspector
  • Attempt to resolve through conciliation
  • Administrative hearing if necessary
  • Order for payment if violation found
  • Court enforcement if employer doesn’t comply

Source: Hawaii Department of Labor and Industrial Relations, Wage Standards Division Available at: https://labor.hawaii.gov/wsd/ Verified: January 20, 2026

6.3 Hawaii Civil Rights Commission (Discrimination Claims)

For discrimination, harassment, or retaliation:

Hawaii Civil Rights Commission

Main Office: 830 Punchbowl Street, Room 411 Honolulu, HI 96813

Phone: (808) 586-8636 TTY: (711) Hawaii Relay Email: [email protected] Website: https://labor.hawaii.gov/hcrc/

Filing Deadline: 180 days from date of discriminatory action or last occurrence in pattern

Source: Hawaii Revised Statutes § 368-11(c) Available at: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0368/HRS_0368-0011.htm

How to File:

  1. Complete Pre-Complaint Questionnaire (PCQ) or formal complaint
  2. Submit online, by mail, or in person
  3. Include detailed description of discrimination
  4. Provide supporting documentation
  5. Identify witnesses if any

Process:

  1. Intake: Review of complaint for jurisdiction
  2. Investigation: HCRC investigates allegations
  3. Findings: Reasonable cause or no reasonable cause determination
  4. Conciliation: Attempt to resolve if reasonable cause found
  5. Hearing or Right to Sue: If no settlement:
    • HCRC may conduct administrative hearing, or
    • Issue right-to-sue letter for court action

No Cost: Filing complaint with HCRC is free

Source: Hawaii Civil Rights Commission Available at: https://labor.hawaii.gov/hcrc/ Verified: January 20, 2026

6.4 Equal Employment Opportunity Commission (Federal Discrimination Claims)

For violations of federal anti-discrimination laws:

EEOC Honolulu Local Office

300 Ala Moana Boulevard, Room 7-127 Honolulu, HI 96850

Phone: 1-800-669-4000 TTY: 1-800-669-6820 Website: https://www.eeoc.gov/ Online Filing: https://publicportal.eeoc.gov/Portal/Login.aspx

Jurisdiction:

  • Title VII violations (race, sex, religion, national origin)
  • Age discrimination (ADEA)
  • Disability discrimination (ADA)
  • Genetic information discrimination (GINA)
  • Equal pay violations (EPA)
  • Pregnancy discrimination
  • Retaliation

Filing Deadline:

  • 180 days from discriminatory act (federal only)
  • 300 days if state law also applies (Hawaii has work-sharing agreement)

Process:

  1. File charge of discrimination
  2. EEOC investigation
  3. Determination (cause or no cause)
  4. Conciliation attempt
  5. Right-to-sue letter or EEOC litigation

Source: EEOC Available at: https://www.eeoc.gov/filing-charge-discrimination Verified: January 20, 2026

6.5 OSHA (Workplace Safety Complaints)

For workplace safety and health violations:

OSHA Honolulu Area Office

300 Ala Moana Boulevard, Room 5-117 Honolulu, HI 96850

Phone: (808) 541-2685 Website: https://www.osha.gov/ Online Filing: https://www.osha.gov/workers/file-complaint

Jurisdiction:

  • Unsafe working conditions
  • Health hazards
  • Lack of required safety equipment
  • Retaliation for reporting safety concerns
  • Violation of OSHA standards

How to File:

  • Online through OSHA website
  • Phone: 1-800-321-OSHA (6742)
  • In person at local office
  • Written complaint

Confidentiality: Employee name withheld from employer upon request

Retaliation Protection: Illegal for employer to retaliate for filing OSHA complaint

Source: Occupational Safety and Health Administration Available at: https://www.osha.gov/workers Verified: January 20, 2026

6.6 Private Lawsuit

Employees may file lawsuit in court for:

  • Wrongful termination
  • Breach of contract
  • Violation of public policy
  • Some discrimination claims (after exhausting administrative remedies)
  • Tort claims (defamation, intentional infliction of emotional distress)

Statutes of Limitations:

  • Personal injury: 2 years
  • Written contracts: 6 years
  • Oral contracts: 6 years
  • After receiving HCRC or EEOC right-to-sue letter: 90 days (federal), or longer for state claims

Source: Hawaii Revised Statutes Chapter 657 Available at: https://www.capitol.hawaii.gov/hrscurrent/vol13_ch0601-0675/hrs0657/

Legal Representation: Individuals may consult with employment attorney for:

  • Case evaluation
  • Filing lawsuit
  • Navigating legal procedures
  • Maximizing recovery

Hawaii State Bar Association Lawyer Referral Service: Phone: (808) 537-9140 Website: https://hsba.org/HSBA/FOR_THE_PUBLIC/LAWYER_REFERRAL_SERVICE.aspx

6.7 Filing Complaint Procedures

Documentation: Complaints typically include:

  • Detailed records of incidents (dates, times, locations, witnesses)
  • Emails, text messages, and other communications
  • Copies of pay stubs, time records, and employment documents
  • Notes of conversations
  • Photographs or screenshots of relevant evidence

Filing Deadlines: Deadlines vary by agency:

  • HCRC: 180 days from discriminatory action
  • EEOC: 180-300 days depending on state law application
  • Other agencies: Check specific requirements

Complaint Content: Effective complaints include:

  • Detailed description of what occurred
  • Identification of parties involved (who, what, when, where)
  • Explanation of harm experienced
  • Witness identification if applicable

Investigation Process: After filing, agencies typically:

  • Request additional information or documents
  • Interview complainant and witnesses
  • Review submitted evidence
  • Investigate allegations

Retaliation Protection: Retaliation for filing complaints is illegal under Hawaii Revised Statutes § 378-2(a)(2). Employers cannot terminate, discipline, or take adverse action against employees for filing complaints with government agencies.

Remote Work in Hawaii

Remote work arrangements are governed by existing employment laws with some unique considerations.

Legal Framework:

  • At-will employment doctrine applies to remote workers
  • Wage and hour laws apply (minimum wage, overtime, recordkeeping)
  • Anti-discrimination protections apply
  • Workers’ compensation covers injuries in home office during work hours
  • TDI and Prepaid Health Care requirements apply if eligibility met

Employer Obligations for Remote Workers:

  • Pay at least Hawaii minimum wage if employee works in Hawaii
  • Track hours worked and pay overtime
  • Provide required workplace notices (may be electronic)
  • Maintain same anti-discrimination protections
  • Provide reasonable accommodations
  • Ensure safe home work environment
  • Reimburse business expenses per policy

Remote Work as Accommodation: Telecommuting may be reasonable accommodation for employee with disability if:

  • Employee can perform essential job functions remotely
  • Does not create undue hardship
  • Interactive process determines feasibility

Right to Request Remote Work: Hawaii does not have law granting employees right to request flexible work arrangements.

Return to Office: Employers may require return to office unless:

  • Remote work is reasonable accommodation for disability
  • Employment contract guarantees remote work
  • Collective bargaining agreement addresses remote work
  • Change violates discriminatory practice

For more comprehensive information on remote work laws, consult specialized resources or legal counsel.

2026 Updates and Recent Changes

8.1 Minimum Wage Increase (Effective January 1, 2026)

Major Change: Hawaii’s minimum wage increases to $16.00 per hour.

According to Hawaii Department of Labor and Industrial Relations, published December 15, 2025:

“Hawaiʻi’s statewide minimum wage rate will increase by $2.00 to $16.00 per hour effective January 1, 2026. This marks the third step in a series of scheduled increases, culminating in a final rate of $18.00 per hour on January 1, 2028.”

Source: DLIR News Release Available at: https://labor.hawaii.gov/hawai%CA%BBis-minimum-wage-increases-to-16-00-on-january-1/ Date: December 15, 2025

Impact:

  • All non-exempt employees must receive at least $16.00/hour
  • Tipped employees: minimum cash wage $15.25/hour
  • Employers must update payroll systems
  • Post updated wage notices

Future Increase:

  • January 1, 2028: $18.00 per hour

8.2 Civil Penalties for Wage Violations (Act 115, SLH 2025)

The 2025 Legislature enacted Act 115, establishing minimum civil penalty for wage and hour violations.

According to DLIR:

“In addition, the 2025 Legislature enacted Act 115, establishing a minimum civil penalty of $500 for employers who violate the Wage and Hour Law.”

Source: DLIR News Release, December 15, 2025 Available at: https://labor.hawaii.gov/hawai%CA%BBis-minimum-wage-increases-to-16-00-on-january-1/

Impact:

  • Increased deterrent for wage violations
  • Minimum $500 penalty per violation
  • Applies to violations of HRS Chapter 387

8.3 No Other Major Employment Law Changes for 2026

Search Conducted:

  • Hawaii Legislature website: https://capitol.hawaii.gov/
  • Session Laws of Hawaii 2025
  • Hawaii Department of Labor and Industrial Relations updates
  • Date: January 20, 2026
  • Result: No additional major employment law changes effective 2026 beyond minimum wage and penalty provisions

8.4 Staying Updated on Law Changes

Hawaii Legislature: Monitor pending legislation at: https://capitol.hawaii.gov/

Hawaii Department of Labor and Industrial Relations: Subscribe to updates at: https://labor.hawaii.gov/

Hawaii Civil Rights Commission: Check for updates at: https://labor.hawaii.gov/hcrc/

Review Schedule:

  • Check for legislative changes: Annually after legislative session (typically May-June)
  • Review DLIR announcements: Quarterly
  • Consult with employment attorney: Annually or when significant changes occur

Resources

10.1 Hawaii State Government Agencies

Hawaii Department of Labor and Industrial Relations (DLIR)
Main Office: 830 Punchbowl Street, Honolulu, HI 96813
Phone: (808) 586-8844
Website: https://labor.hawaii.gov/

Divisions:

Wage Standards Division
Phone: (808) 586-8777
Website: https://labor.hawaii.gov/wsd/
Jurisdiction: Minimum wage, overtime, wage payment, child labor

Disability Compensation Division
Phone: (808) 586-9188
Website: https://labor.hawaii.gov/dcd/
Jurisdiction: Temporary Disability Insurance, Workers’ Compensation, Prepaid Health Care

Unemployment Insurance Division
Phone: (808) 586-8970
Website: https://labor.hawaii.gov/ui/
Jurisdiction: Unemployment benefits, employer contributions

Occupational Safety and Health (HIOSH)
Phone: (808) 586-9100
Website: https://labor.hawaii.gov/hiosh/
Jurisdiction: Workplace safety and health

Hawaii Civil Rights Commission (HCRC)
Main Office: 830 Punchbowl Street, Room 411, Honolulu, HI 96813
Phone: (808) 586-8636
TTY: 711 (Hawaii Relay)
Website: https://labor.hawaii.gov/hcrc/
Email: [email protected]
Jurisdiction: Employment discrimination, harassment, retaliation

Hawaii Child Support Enforcement Agency (CSEA)
Phone: (808) 692-7000
Website: https://ag.hawaii.gov/csea/
Jurisdiction: New hire reporting, child support enforcement

10.2 Federal Agencies

U.S. Equal Employment Opportunity Commission (EEOC)
Honolulu Local Office: 300 Ala Moana Boulevard, Room 7-127, Honolulu, HI 96850
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov/
Jurisdiction: Federal employment discrimination laws

U.S. Department of Labor (DOL)
Wage and Hour Division, Pacific Region
Website: https://www.dol.gov/agencies/whd
Phone: 1-866-487-9243
Jurisdiction: FLSA, FMLA, federal wage and hour laws

Occupational Safety and Health Administration (OSHA)
Honolulu Area Office: 300 Ala Moana Boulevard, Room 5-117, Honolulu, HI 96850
Phone: (808) 541-2685
Website: https://www.osha.gov/
Jurisdiction: Workplace safety and health standards

National Labor Relations Board (NLRB)
Region 20 (San Francisco) – Covers Hawaii
Phone: 1-866-667-6572
Website: https://www.nlrb.gov/
Jurisdiction: Union organizing, unfair labor practices, collective bargaining

U.S. Citizenship and Immigration Services (USCIS)
Honolulu Field Office
Phone: 1-800-375-5283
Website: https://www.uscis.gov/
Jurisdiction: Employment authorization, Form I-9, E-Verify

10.3 Key Publications and Guides

Hawaii employment law information is available from official sources:

Hawaii Revised Statutes (HRS)
Complete text of Hawaii laws
Available at: https://www.capitol.hawaii.gov/hrscurrent/

Relevant Chapters:

  • Chapter 378: Employment Practices (discrimination, whistleblowers)
  • Chapter 387: Wages and Hours
  • Chapter 388: Payment of Wages
  • Chapter 390: Child Labor
  • Chapter 383: Employment Security (unemployment)
  • Chapter 386: Workers’ Compensation
  • Chapter 392: Temporary Disability Insurance
  • Chapter 393: Prepaid Health Care

Hawaii Administrative Rules (HAR)
HCRC discrimination regulations
Available at: https://labor.hawaii.gov/hcrc/find-a-law/

DLIR Publications
Employer handbooks and guidance documents
Available at: https://labor.hawaii.gov/

10.4 Legal Assistance Resources

Hawaii State Bar Association Lawyer Referral Service
Helps connect with employment attorneys
Phone: (808) 537-9140
Website: https://hsba.org/

Legal Aid Society of Hawaii
Free legal assistance for low-income individuals
Phone: (808) 536-4302
Website: https://www.legalaidhawaii.org/

Native Hawaiian Legal Corporation
Legal services for Native Hawaiians
Phone: (808) 521-2302
Website: http://nhlchi.org/

Volunteer Legal Services Hawaii
Pro bono legal assistance
Phone: (808) 528-7046
Website: https://www.vlsh.org/

10.5 Updates and Monitoring

Staying Current with Hawaii Employment Law:

Monitor Hawaii Legislature for pending bills:
https://capitol.hawaii.gov/

Subscribe to DLIR updates:
https://labor.hawaii.gov/

Check HCRC for guidance updates:
https://labor.hawaii.gov/hcrc/

Review federal agency updates:

Professional Associations:

  • Hawaii Society for Human Resource Management (SHRM)
  • Hawaii Employers Council
  • Local chambers of commerce

Review Schedule:

  • Quarterly: Check for DLIR announcements and rate changes
  • Annually: Review HRS after legislative session (May-June)
  • As Needed: Monitor for emergency orders or significant changes
  • Ongoing: Subscribe to government agency email updates

Frequently Asked Questions - Hawaii Employment Law

1. What is employment law in Hawaii?

Employment law in Hawaii encompasses the legal framework governing relationships between employers and employees in the state. It includes state statutes such as Hawaii Revised Statutes Chapters 378 (Employment Practices), 387 (Wages and Hours), 388 (Payment of Wages), and 390 (Child Labor), as well as applicable federal laws including the Fair Labor Standards Act, Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Family and Medical Leave Act. Hawaii employment law covers minimum wage, overtime, anti-discrimination protections, workplace safety, leave rights, and employer obligations.

2. What is the difference between labor law and employment law?

Employment law is the broader framework governing individual employment relationships, including wages, hours, discrimination, safety, and leave. Labor law is a subset focusing on collective bargaining, union organizing, labor-management relations, and workers’ rights to form and join unions. In Hawaii, employment law applies to all workers while labor law specifically addresses unionized workplaces and collective bargaining under HRS Chapter 377 (Labor Organizations) and the National Labor Relations Act.

3. Is Hawaii an at-will employment state?

Yes, Hawaii recognizes at-will employment. According to Hawaii courts, employment contracts of indefinite duration “will generally be construed as giving rise to an at-will employment relationship and as therefore terminable at the will of either party for any reason or no reason.” However, significant exceptions exist: contractual modifications, statutory protections against discrimination and retaliation, public policy exceptions, and whistleblower protections limit an employer’s right to terminate employees.

4. What is Hawaii’s minimum wage in 2026?

Hawaii’s minimum wage is $16.00 per hour effective January 1, 2026, according to Hawaii Revised Statutes § 387-2 as amended by Act 114 (2022). This represents a $2.00 increase from the 2024 rate of $14.00. The minimum wage is scheduled to increase again to $18.00 per hour on January 1, 2028. Tipped employees may be paid $0.75 below minimum wage ($15.25 in 2026) if combined wages and tips total at least $7.00 above minimum wage.

5. Does Hawaii require overtime pay?

Yes. According to Hawaii Revised Statutes § 387-3, employers must pay overtime at 1.5 times the regular rate for hours worked beyond 40 in a workweek. Federal law under the Fair Labor Standards Act also requires overtime after 40 hours per workweek. Hawaii does not require daily overtime (unlike California). On state or county public construction projects, overtime is required after 8 hours per day and for all hours on Saturdays, Sundays, and state holidays per HRS § 104-2(c).

6. Are meal and rest breaks required in Hawaii?

No. Hawaii does not require employers to provide meal or rest breaks for adult employees (18 and older). Employers may voluntarily provide breaks. If provided, rest breaks of 5-20 minutes are generally compensable as work time, while meal breaks of 30+ minutes are not compensable if the employee is completely relieved of duty. For minor employees aged 14-15, Hawaii Revised Statutes § 390-2(c)(3) requires a 30-minute break after 5 consecutive hours of work.

7. What are my employee rights in Hawaii?

Hawaii employees have extensive rights including: minimum wage protection ($16.00/hour in 2026), overtime pay after 40 hours/week, protection from discrimination based on race, sex, sexual orientation, gender identity, age, religion, color, ancestry, disability, marital status, arrest record, credit history, domestic violence victim status and other protected classes, reasonable accommodations for disabilities and pregnancy, protection from retaliation for asserting rights, timely payment of final wages, family and medical leave rights if eligible, and temporary disability insurance coverage. Rights are enforced through Hawaii Civil Rights Commission, Department of Labor, and federal agencies.

8. Can my employer fire me for any reason in Hawaii?

No. While Hawaii is an at-will state, termination is not permitted for unlawful reasons. Illegal terminations include: discrimination based on protected class status (race, sex, age, disability, etc.), retaliation for filing complaints or asserting legal rights, violation of public policy (such as firing for jury duty or refusing to commit illegal act), breach of employment contract, whistleblower retaliation, and termination violating Hawaii Whistleblowers’ Protection Act (HRS §§ 378-61 to 378-70). Employees terminated for illegal reasons may file complaints with Hawaii Civil Rights Commission or pursue legal action.

9. How do I file a discrimination complaint in Hawaii?

File with Hawaii Civil Rights Commission within 180 days of discriminatory action. Contact HCRC at (808) 586-8636 or visit https://labor.hawaii.gov/hcrc/. Complete Pre-Complaint Questionnaire or formal complaint describing the discrimination, protected class involved (race, sex, age, disability, etc.), dates of incidents, and impact on employment. Include supporting documentation. HCRC investigates, makes findings, attempts conciliation if reasonable cause found, and may conduct hearing or issue right-to-sue letter. You may also file with EEOC for federal law violations at 1-800-669-4000 or www.eeoc.gov within 300 days. Filing is free and retaliation is prohibited.

10. Can I request remote work as an accommodation in Hawaii?

Yes, if you have a disability covered by Hawaii Revised Statutes § 378-2 and the Americans with Disabilities Act. Request remote work through your employer’s accommodation process, provide medical documentation if requested, and engage in the interactive process. Employers must provide reasonable accommodation unless it creates undue hardship. Remote work may be reasonable accommodation if you can perform essential job functions remotely. However, Hawaii does not have a general law granting all employees the right to request remote work. Employers may require return to office for non-disabled employees unless prohibited by employment contract or collective bargaining agreement.

11. What are employer obligations in Hawaii?

Hawaii employers must: pay at least minimum wage ($16.00/hour in 2026) and overtime, maintain accurate payroll records for 3 years, post required state and federal workplace notices, report new hires within 20 days, verify work authorization (Form I-9), provide Temporary Disability Insurance coverage, provide health insurance to employees working 20+ hours/week (Prepaid Health Care Act), not discriminate based on protected characteristics, provide reasonable accommodations for disabilities, allow use of sick leave for family leave purposes if 100+ employees, post whistleblower rights notice, pay final wages by next regular payday, and maintain safe workplace complying with OSHA standards.

12. What workplace posters are required in Hawaii?

Employers must display: Hawaii Labor Law Poster (combines multiple state requirements including wage/hour, discrimination, disability compensation, unemployment insurance), Whistleblower Protection notice, and federal posters including FLSA minimum wage, EEO “EEO is the Law”, OSHA “Job Safety and Health”, Employee Polygraph Protection Act, FMLA (if 50+ employees), and NLRA employee rights (private employers). Download free from Hawaii Department of Labor at https://labor.hawaii.gov/labor-law-poster/ and U.S. Department of Labor at https://www.dol.gov/agencies/whd/posters. Post in conspicuous locations accessible to all employees. Electronic posting permitted for remote workers with proper notice.

13. What are record retention periods for employers in Hawaii?

Hawaii law requires employers to retain: payroll records (name, address, hours, wages, deductions) for at least 3 years per HRS § 387-6, Form I-9 for 3 years after hire or 1 year after separation (whichever is later), employment applications for 1 year after hiring decision, personnel files for 3 years (common practice), workers’ compensation records per requirements, and anti-discrimination documentation for 1 year from employment decision (common practice). Records must be accurate, contemporaneous, and accessible for inspection by Hawaii Department of Labor or federal agencies. Longer retention may be required for pending claims or investigations.

14. Does Hawaii require paid sick leave?

No. Hawaii does not mandate paid sick leave for private sector employees according to Hawaii Department of Labor and Industrial Relations (https://labor.hawaii.gov/wsd/vacation-and-sick-leave/). Employers may voluntarily provide paid sick leave and must make policies available in writing or posted notice per HRS § 388-7(3). However, under Hawaii Family Leave Law, employers with 100+ employees must allow employees to use up to 10 days of accrued sick leave for family leave purposes. Public sector employees may have sick leave provisions in collective bargaining agreements. Federal law does not require paid sick leave for private sector employees.

15. What protections exist for remote workers in Hawaii?

Remote workers in Hawaii have the same employment law protections as on-site employees: minimum wage and overtime requirements apply, anti-discrimination protections under HRS Chapter 378 apply, workers’ compensation covers injuries during work hours in home office, Temporary Disability Insurance and Prepaid Health Care requirements apply if eligibility criteria met (20+ hours/week), reasonable accommodation obligations apply, and at-will employment doctrine governs unless modified by contract. Employers must track hours, maintain records, pay timely wages, and provide required notices (may be electronic). Hawaii does not have law granting right to request remote work, so employers may require return to office unless remote work is reasonable accommodation or guaranteed by contract.

Others

South Dakota
North Dakota
Iowa
Nebraska
Idaho

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current