Hawaii Labor Laws 2026: Complete HR Compliance Guide

Accurate as of May 2, 2026. This guide is informational and not legal advice. For specific situations, consult licensed Hawaii employment counsel.

Hawaii's labor framework looks straightforward at the headline level and gets distinctive once an employer reads the fine print. The state has a $16.00 minimum wage as of January 1, 2026, climbing to $18.00 in 2028. It has the only state-mandated employer-paid health care framework in the country (the Prepaid Health Care Act), a Temporary Disability Insurance program with mandatory short-term disability benefits, a Family Leave Law that runs in parallel to the federal FMLA, and a near-total ban on non-compete agreements for technology workers.

Hawaii also has a more aggressive overtime exemption threshold than federal law (a $4,000-per-month guaranteed compensation rule under HRS 387-1), a pay transparency law that took effect January 1, 2024 for employers with 50 or more employees, and an Employment Practices Act covering more than a dozen protected classes that applies to nearly every employer in the state.

This guide covers every wage, hour, leave, civil rights, hiring, and safety rule that applies to Hawaii employers in 2026. It includes statute citations, contribution rates, and dollar amounts pulled from primary sources. It also points HR teams toward an employee relations platform built for the layered compliance that comes with operating in a jurisdiction where state programs (TDI, Prepaid Health Care, HFLL) sit on top of every standard federal employment statute.

The 2026 Hawaii Employment Law Updates HR Teams Should Know First

Hawaii's 2025 legislative session and the broader statutory schedule produced several concrete changes for 2026. Most affect payroll, contributions, and penalty exposure. Employers should reconcile these against payroll, posting, and policy templates before the next quarterly audit.

Minimum wage: increased to $16.00 per hour effective January 1, 2026. The next scheduled increase is to $18.00 per hour on January 1, 2028, under Act 114 of 2022.
Tipped employee cash wage: $14.75 per hour cash wage plus a tip credit of up to $1.25 per hour. Tipped employees must still receive at least the full minimum wage when cash plus tips are combined.
TDI (Temporary Disability Insurance) employee contribution: employer may withhold up to $7.50 per week in 2026 (up from $7.21 in 2025), capped at the lesser of 50% of premium or 0.5% of weekly wages.
TDI maximum weekly benefit: increased to $871 per week in 2026 (up from $837 in 2025). Weekly wage base is $1,500.21.
Wage and Hour penalty (Act 115 of 2025): establishes a minimum civil penalty of $500 for employers who violate the Hawaii Wage and Hour Law.
Pay transparency: employers with 50 or more employees must continue including salary ranges in external job listings under SB 1057, effective January 1, 2024 and unchanged in 2026.
Prepaid Health Care Act: employee earnings threshold for coverage eligibility tracks 86.67 times the current minimum wage per month, which scales upward with each minimum wage increase.

Each of these gets full treatment below, with statute citations, exemptions, and the practical changes most Hawaii employers will need to make.

Hawaii Minimum Wage and Tipped Wage in 2026

Hawaii's minimum wage is governed by HRS 387-2 and follows the schedule set by Act 114 of 2022. The Wage Standards Division of the Department of Labor and Industrial Relations enforces the rate.

What is the Hawaii minimum wage in 2026?

Effective January 1, 2026, the Hawaii minimum wage is $16.00 per hour. The full schedule under Act 114 of 2022 is:

$10.10 per hour beginning January 1, 2018.
$12.00 per hour beginning October 1, 2022.
$14.00 per hour beginning January 1, 2024.
$16.00 per hour beginning January 1, 2026.
$18.00 per hour beginning January 1, 2028.

Coverage is broad. Most private-sector employers must pay at least the minimum wage to non-exempt employees. Hawaii does not have separate county-level minimum wages.

How does Hawaii's tipped wage work in 2026?

Hawaii allows a tip credit but limits it tightly. In 2026:

Cash wage: tipped employees must be paid at least $14.75 per hour in cash wages.
Tip credit: employers can claim up to $1.25 per hour in tip credit toward the $16.00 minimum.
Combined floor: cash wages plus tips must equal or exceed the full $16.00 minimum wage. If tips fall short, the employer covers the difference.
Tip credit eligibility: the tip credit only applies if the employee actually receives at least $7.00 per hour more than the minimum wage when combined cash and tips are calculated. Lower-tip employees revert to a straight minimum wage requirement.

The tip credit eligibility threshold is a Hawaii peculiarity. Restaurants and hospitality employers should run a periodic check on tip totals to confirm employees still meet the $7.00-above-minimum threshold for the credit to apply.

Hawaii Overtime Rules

Hawaii follows the federal 40-hour workweek standard for overtime under HRS 387-3, with one significant state-specific exception: a higher salary threshold for exempt status.

When is overtime owed in Hawaii?

Hawaii employers must pay overtime at one and one-half times the regular rate for all hours worked in a workweek over 40. The rule sits in HRS 387-3.

Hawaii does not have a daily overtime trigger. Overtime turns purely on the weekly total of hours worked.

What is Hawaii's exempt salary threshold?

Under HRS 387-1, an employee in any capacity who receives a guaranteed compensation of $4,000 or more per month is exempt from the state minimum wage, overtime, and recordkeeping provisions. That works out to roughly $923 per week.

This is higher than the federal Fair Labor Standards Act salary threshold. An employee earning between the federal exempt threshold and Hawaii's $4,000-per-month threshold is exempt under federal law but not under Hawaii law. The state's higher standard governs because it provides more protection to the employee.

Bona fide executive, administrative, supervisory, or professional employees can also be exempt, with a duties test similar to the federal FLSA framework.

Are there other Hawaii overtime exemptions?

Common exempt categories include:

Bona fide executive, administrative, professional employees meeting both salary and duties tests.
Outside salespeople whose primary duty is selling away from the employer's place of business.
Agricultural workers in certain specified roles.
Domestic workers in private homes meeting specific criteria.
Certain commissioned salespeople in retail or service establishments.

Hawaii's tighter exemption rules mean misclassification audits often catch employers who relied solely on federal FLSA standards.

Hawaii Final Paycheck and Wage Payment Rules

Hawaii's final paycheck timing under HRS 388-3 is among the strictest in the country, especially for terminated employees.

When must final wages be paid in Hawaii?

Termination or discharge: all earned wages are due at the time of discharge. If circumstances prevent immediate payment, the employer must pay no later than the next working day.
Voluntary resignation with at least one pay period of notice: all earned wages must be paid at the time of quitting.
Voluntary resignation with less than one pay period of notice: wages are due no later than the next regular payday.
Temporary layoff or labor dispute suspension: wages are due no later than the next regular payday.

What are the penalties for late final pay?

Under HRS 388-10, an employer who fails to pay wages on time may be required to pay the employee, in addition to wages owed, a penalty equal to the wages or $400, whichever is less. Repeated violations carry escalating exposure under Act 115 of 2025, which set a minimum civil penalty of $500 per Wage and Hour Law violation.

Workers can pursue claims through the Wage Standards Division of the Department of Labor and Industrial Relations or in state court.

How often must Hawaii employers pay wages?

Hawaii requires employers to pay wages at least twice per month, no later than seven days after the end of the pay period. With approval from the Director of Labor, longer pay cycles can be permitted for specific industries or employee categories.

Hawaii Wage Statement Requirements

Hawaii requires itemized pay statements with every wage payment. Employers should include all the standard pay-stub elements that align with both Hawaii and federal recordkeeping rules.

What must appear on a Hawaii pay stub?

Every pay statement must include:

Employer name and address.
Date of payment and the pay period the wages cover.
Rate of pay and the basis of the rate.
Gross wages earned during the pay period.
All deductions from wages, itemized.
Net wages received.
Hours worked for non-exempt employees.
Overtime rate and hours if applicable.
Tip credits if applicable.

Records must be maintained for at least six years for state Wage and Hour Law purposes, with shorter periods (typically three years) under federal FLSA requirements. Employers should follow the longer state retention schedule.

Hawaii Pay Transparency Law (SB 1057, Act 203 of 2023)

Hawaii's pay transparency law took effect January 1, 2024, making it one of a growing number of states requiring salary range disclosure in job postings.

Which Hawaii employers must disclose pay ranges?

Employers with 50 or more employees must include hourly rates or salary ranges in all external job listings. The law applies to:

External public job listings for positions that will be performed in Hawaii.
Listings posted by recruiters or third parties on behalf of covered employers.

What is exempt from the pay transparency rule?

A few notable exceptions:

Internal transfers and promotions: the law does not require pay disclosure for internal-only postings.
Public employees under collective bargaining: positions where compensation is determined by a collective bargaining agreement are exempt.
Employers with fewer than 50 employees: not subject to the disclosure requirement.

What are the broader equal pay implications?

Act 203 of 2023 also expanded Hawaii's equal pay law, prohibiting employers from paying employees in any protected category under HRS 378 less than other employees for "substantially similar work" (a broader standard than the federal "equal work" test). This expansion applies to all Hawaii employers, not just those with 50 or more employees, and it gives the Hawaii Civil Rights Commission a stronger basis for pay equity enforcement actions.

Hawaii Prepaid Health Care Act

The Hawaii Prepaid Health Care Act (HPHCA), enacted in 1974, makes Hawaii the only U.S. state with a comprehensive employer-mandated health insurance law that predates the Affordable Care Act and operates on its own terms under an ERISA exemption.

Which Hawaii employees must be offered health coverage?

Employers must offer coverage to any Hawaii employee who:

Works 20 or more hours per week for at least four consecutive weeks.
Earns at least 86.67 times the current Hawaii minimum wage per month.

In 2026, with the minimum wage at $16.00 per hour, the monthly earnings threshold is $1,386.72.

What coverage and contributions are required?

Coverage rules under the HPHCA:

Plan approval: the health plan must be approved by the Department of Labor and Industrial Relations.
Employer share of premium: employers must pay at least 50% of the premium cost.
Employee share cap: the employee's share cannot exceed the lesser of 50% of premium cost or 1.5% of the employee's monthly gross earnings.
Waiting period: coverage must begin within four weeks of meeting eligibility.
Family coverage: employees can elect to add dependents at the employee's expense.

Who is exempt from the Prepaid Health Care Act?

Limited exemptions include:

Federal, state, or county government employees (covered by other plans).
Individuals already covered by other approved plans (such as a spouse's employer plan).
Certain agricultural seasonal workers.
Employees covered by Medicare, Medicaid, or other public programs in defined circumstances.
Certain insurance salespeople and real estate salespeople paid solely on commission.

The HPHCA is unusual nationally and creates a meaningful compliance lift for Hawaii employers that is independent of any ACA obligations.

Hawaii Temporary Disability Insurance (TDI)

Hawaii is one of a small number of states (along with California, New Jersey, New York, Rhode Island, and Puerto Rico) that requires private-sector employers to provide short-term disability benefits.

Who is covered by Hawaii TDI?

Most private-sector employers must provide TDI coverage to employees who have worked at least 14 weeks in the previous 52 weeks for one or more covered employers and earned at least $400 in those 14 weeks.

What benefits does TDI provide?

In 2026:

Maximum weekly benefit: $871 (up from $837 in 2025).
Benefit rate: 58% of the employee's average weekly wages, subject to the cap.
Maximum benefit duration: 26 weeks per disability period.
Waiting period: 7 consecutive days of disability before benefits begin.
Coverage: non-work-related illness or injury, including pregnancy-related disability.

How is Hawaii TDI funded?

Funding rules:

Maximum employee withholding: $7.50 per week in 2026 (up from $7.21 in 2025).
Withholding cap: the lesser of 50% of premium cost or 0.5% of the employee's weekly wages, but no more than $7.50 per week.
Weekly wage base: $1,500.21 in 2026.
Employer share: employers pay the balance of the premium for private plans, and may also choose to fund the entire benefit on behalf of employees.

Employers can satisfy the TDI requirement by purchasing coverage from a private insurer authorized to write TDI in Hawaii, by self-insuring with state approval, or by participating in a collectively bargained plan.

Hawaii Family Leave Law (HFLL)

The Hawaii Family Leave Law (HRS 398) provides job-protected family leave that operates in parallel to the federal FMLA.

Which Hawaii employers must provide family leave?

The HFLL applies to employers with 100 or more employees for each working day during each of 20 or more calendar weeks in the current or preceding calendar year.

How much HFLL leave is available?

Eligible employees can take up to four weeks of unpaid family leave per calendar year. The four weeks is an annual cap, regardless of how many qualifying events occur in the year.

Who is eligible for HFLL leave?

Employees become eligible after working for the employer for at least six consecutive months. There is no minimum hours requirement under state law (unlike the federal FMLA's 1,250-hour test).

What are valid reasons for HFLL leave?

Valid reasons include:

Birth or adoption of a child.
Care for a child, spouse, reciprocal beneficiary, or parent with a serious health condition.

Notably, Hawaii's HFLL covers care for a "reciprocal beneficiary" (a Hawaii-specific civil status broader than spouses), which is a more inclusive definition than federal FMLA.

Can employees substitute paid leave?

Yes. Employees may elect to substitute accrued paid leave (vacation, personal, family, or sick leave) for any part of the four-week HFLL period. Employers cannot require this substitution unilaterally.

How does HFLL coordinate with federal FMLA?

For employers covered by both HFLL and federal FMLA, the leaves can run concurrently when both apply (such as parental leave). Federal FMLA provides up to 12 weeks of leave for additional reasons (employee's own serious health condition, military qualifying exigencies), so an employee might use four weeks under HFLL plus an additional eight under FMLA in the same year if both apply.

Hawaii Employment Practices Act and Workplace Discrimination

HRS Chapter 378 (the Hawaii Employment Practices Act) is enforced by the Hawaii Civil Rights Commission (HCRC).

Which employers does the Hawaii Employment Practices Act cover?

The legislature intended HRS 378 to apply to all employers regardless of size. There is no headcount threshold for most discrimination claims under the Act, which makes it broader than federal Title VII (15 employees), the ADEA (20 employees), and the ADA (15 employees).

What are the protected classes under HRS 378?

Hawaii's Employment Practices Act prohibits discrimination based on:

Race, color, religion, ancestry, national origin.
Sex, including gender identity or expression and sexual orientation.
Age (40 and older for certain federal claims; broader under state law).
Disability.
Marital status.
Pregnancy, childbirth, and related conditions.
Arrest and court record (for arrests not resulting in conviction).
Reproductive health decisions.
Status as a victim of domestic or sexual violence.
National Guard absence.
Credit history (with limited exceptions).

"Arrest and court record" is one of the more distinctive Hawaii protections. Employers cannot consider arrests that did not result in conviction, and conviction-related decisions are subject to Hawaii's "rational relationship" test under HRS 378-2.5 (the Fair Chance Act).

How do Hawaii employees file a discrimination complaint?

Complaints go to the Hawaii Civil Rights Commission. Key procedural facts:

Filing deadline: within 180 days of the alleged discriminatory act.
Cross-filing: complaints can be cross-filed with the EEOC where overlapping federal claims exist.
Mediation: HCRC offers mediation as part of its complaint process.
Right to sue: after exhausting the administrative process, employees can pursue civil claims in state court.

Employers benefit from a documented intake-and-response workflow that captures every report and the steps taken in response. A consistent HR case management workflow reduces the risk that an HCRC charge catches a People team without a defensible record.

Sexual Harassment Prevention in Hawaii

Sexual harassment is prohibited under HRS 378 as a form of sex discrimination. Hawaii does not have a general statewide training mandate that applies to all employers, but the HCRC has authority to require training as a remedy in enforcement cases.

What sexual harassment training is required?

No state law mandates sexual harassment training for all Hawaii employers. However:

HCRC remedial orders: the Civil Rights Commission can order training as a remedy in cases involving documented harassment.
EEOC best practices: the EEOC's harassment guidance applies to Hawaii employers covered by federal law.
Industry-specific requirements: certain federal contractors and regulated industries face additional training obligations.

What policies should Hawaii employers maintain?

Hawaii employers should:

Adopt a written anti-harassment policy that defines prohibited conduct, describes the reporting process, and prohibits retaliation.
Distribute the policy to all employees and post a summary in conspicuous workplace locations.
Investigate complaints promptly with documented intake, witness interviews, evidence preservation, and a documented outcome.
Train managers and supervisors on identifying, responding to, and preventing harassment.
Track training completions for audit and HCRC enforcement purposes.

Even without a state mandate, the EEOC, courts, and the HCRC will scrutinize the quality of an employer's policy and response system in any harassment case. The EEOC's harassment guidance is the practical baseline.

Hawaii Hiring Compliance: Fair Chance Act and Background Checks

Hawaii pioneered ban-the-box legislation and continues to maintain one of the strictest criminal background check frameworks in the country.

What is Hawaii's Fair Chance Act (HRS 378-2.5)?

Hawaii was the first U.S. state to pass a ban-the-box law, codified at HRS 378-2.5. The law applies to employers with five or more employees.

Key requirements:

No criminal history inquiry on applications: employers cannot ask about criminal history on the initial job application.
Conditional offer required first: criminal history can only be considered after a conditional offer of employment.
Rational relationship test: employers can consider conviction history only if it bears a "rational relationship" to the duties and responsibilities of the position.

What is Hawaii's lookback period for criminal history?

Senate Bill 2193, effective September 15, 2020, modified Hawaii's lookback periods:

Felony convictions: 7-year lookback period.
Misdemeanor convictions: 5-year lookback period.

Convictions older than the applicable period generally cannot be considered. The lookback period is calculated from the date the applicant was released from incarceration, probation, or parole.

What exceptions apply to the Fair Chance Act?

Exceptions exist for certain regulated employers, including:

Law enforcement agencies.
Financial institutions.
Schools and childcare providers.
Certain healthcare employers.
Positions where federal or state law requires consideration of criminal history.

Employers in exempt industries can inquire about criminal history earlier in the hiring process and may consider older convictions.

What about credit checks and other background screening?

Hawaii prohibits employment discrimination based on credit history under HRS 378, with limited exceptions for fiduciary roles or where credit information is required by federal or state law. Employers running credit checks must follow the federal Fair Credit Reporting Act in addition to state restrictions.

Hawaii Non-Compete Restrictions

Hawaii enforces traditional non-compete agreements outside the technology sector, but Act 158 of 2015 creates a significant industry-specific carve-out.

When are non-competes void in Hawaii?

Under Act 158 of 2015, non-compete clauses and non-solicit clauses are void and unenforceable in employment contracts of "technology business" employees entered into on or after July 1, 2015.

"Technology business" is defined as a business that derives the majority of its gross income from the sale or license of products or services resulting from its software development or information technology development. The definition excludes:

Businesses that are part of the broadcast industry.
Telecommunications carriers.

A "non-solicit clause" is defined as one that prohibits an employee from soliciting employees of the employer after leaving employment.

When are non-competes enforceable in Hawaii?

Outside the technology sector, Hawaii applies traditional common-law standards for non-compete enforceability:

Legitimate business interest: the employer must have a protectable interest (trade secrets, customer relationships, specialized training).
Reasonable scope: the geographic, functional, and time limits must be reasonable in relation to the protected interest.
Reasonable consideration: the agreement must be supported by consideration beyond continued employment.
Public policy: the agreement must not impose undue hardship on the employee or harm the public.

Hawaii courts will reform or void overbroad non-competes. Trade secret protection remains available regardless of non-compete enforceability under both the Uniform Trade Secrets Act and Hawaii state law.

Hawaii Independent Contractor Classification

Hawaii uses an "ABC test" framework similar to other restrictive states for unemployment insurance and workers' compensation purposes, with broader common-law tests for other employment law contexts.

How does Hawaii classify independent contractors?

For unemployment insurance purposes under HRS 383, a worker is presumed to be an employee unless all three prongs of the ABC test are met:

Prong A: the individual is free from the control or direction of the hiring entity in connection with the performance of the work, both under contract and in fact.
Prong B: the work is performed either outside the usual course of the hiring entity's business or outside all the places of business of the hiring entity.
Prong C: the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as the work performed.

Failure of any single prong defeats independent contractor status. The Hawaii Department of Labor and Industrial Relations applies this test rigorously in unemployment insurance and workers' compensation audits.

What's the cost of misclassification?

Misclassified workers lose access to:

Minimum wage and overtime protections under HRS 387.
Workers' compensation coverage under HRS 386.
Unemployment insurance benefits.
Temporary Disability Insurance benefits.
Prepaid Health Care Act coverage.
Family leave protections under HFLL.

Hawaii employers found to have misclassified workers face back wages, unpaid contributions to TDI, PHCA, and unemployment insurance, plus penalties under each statute. The combined exposure typically exceeds the savings from misclassification by a wide margin.

Hawaii WARN Act and Mass Layoff Notification

Hawaii has its own Dislocated Workers Act (HRS 394B) that operates alongside the federal WARN Act and adds state-specific notice and severance obligations.

When does Hawaii's Dislocated Workers Act apply?

The state law applies to employers with 50 or more employees in Hawaii. It requires advance notice of:

Plant closures affecting 50 or more employees.
Permanent or partial layoffs meeting the same threshold.
Relocations of operations outside the state.

What notice is required under the Hawaii Dislocated Workers Act?

The state law requires:

60 days' written notice to affected employees, the Director of Labor, and the chief elected official of the affected county.
Severance pay equal to the difference between the employee's average regular rate and unemployment compensation for up to four weeks (a state-law obligation that is not in the federal WARN Act).

The federal WARN Act applies to employers with 100 or more employees and requires 60 days' notice for plant closures or mass layoffs as defined in the federal statute. Hawaii employers covered by both must comply with the more protective standard at each step.

Hawaii Child Labor Laws

Hawaii's child labor laws under HRS 390 and 390A regulate the hours and conditions under which minors can work in the state.

What are the age and hour restrictions for minors in Hawaii?

Hawaii's child labor rules vary by age:

Under 14: generally cannot be employed except in limited categories (newspaper delivery, agriculture for parents, entertainment with permits).
Ages 14-15: can work limited hours outside school. During school weeks, no more than 3 hours on a school day, 8 hours on a non-school day, 18 hours total per week. Work hours restricted to between 7:00 a.m. and 7:00 p.m. (extended to 9:00 p.m. June 1 through Labor Day).
Ages 16-17: broader work permission with restrictions on hazardous occupations defined by federal and state law.

What documentation must employers maintain?

Employers of minors must:

Obtain a Certificate of Employment for each minor under 18 from the Department of Labor and Industrial Relations.
Post a Certificate Listing of employed minors at the workplace.
Maintain age verification records for each minor employee.
Comply with hazardous occupation prohibitions under federal and state law.

Employers in agriculture, food service, and retail face heightened scrutiny given the higher prevalence of minor workers in those industries.

Hawaii Workers' Compensation

Hawaii's Workers' Compensation Law (HRS Chapter 386) is administered by the Disability Compensation Division of the Department of Labor and Industrial Relations.

Which Hawaii employers must carry workers' comp?

Coverage is mandatory for all employers with one or more employees, full-time or part-time, permanent or temporary. There is no headcount threshold.

Limited exemptions include:

Domestic workers earning less than $225 per quarter.
Certain agricultural workers.
Real estate salespeople paid solely on commission.
Working partners and sole proprietors with no employees.

How does Hawaii workers' comp work?

Key program elements:

Medical care: the employer provides all medical care, services, and supplies needed for the work-related injury or illness.
Wage replacement: temporary disability benefits at two-thirds of the worker's average weekly wage, subject to maximums.
Permanent disability: compensation for permanent partial or total disability based on the nature of the injury.
Death benefits: survivor benefits for dependents of workers killed on the job.
Vocational rehabilitation: services to help injured workers return to suitable employment.

What employer obligations apply after an injury?

Immediately after a work injury, the employer must:

Furnish all medical care, services, and supplies the injury requires.
Report the injury to the Disability Compensation Division using the prescribed form.
Provide the injured worker a copy of the brochure "Highlights of the Hawaii Workers' Compensation Law" within three working days.
Post and maintain a printed statement of benefit rights in workplaces accessible to employees.

Hawaii Victim Leave Under HRS 378-72

Hawaii provides protected leave for employees who are victims of domestic violence or sexual assault, with leave amounts that scale with employer size.

Who is eligible for Hawaii victim leave?

Coverage applies to employees whose employer:

Has 50 or more employees: employees can take up to 30 days of unpaid victim leave per calendar year.
Has 49 or fewer employees: employees can take up to 5 days of unpaid leave per calendar year.

The leave is available for an employee or the employee's minor child who is a victim of domestic or sexual violence.

What can victim leave be used for?

Permitted uses include:

Medical attention: for the employee or their minor child to recover from physical or psychological injury caused by domestic or sexual violence.
Victim services: obtaining services from a victim services organization.
Legal action: preparing for or participating in any civil or criminal legal proceeding related to the domestic or sexual violence.

What documentation can the employer require?

Documentation rules:

Five days or fewer for non-medical reasons: the employee provides a signed statement within a reasonable period after employer request.
More than five days: certification through court orders, restraining orders, documents from criminal cases, victim services organization documentation, or documentation from a medical professional, mental health provider, attorney, advocate, social worker, or member of the clergy.

The statute prohibits termination, demotion, or other adverse action against an employee for taking protected leave.

Hawaii Whistleblower Protection

The Hawaii Whistleblower Protection Act (HRS 378-61 to 378-69) protects employees who report or threaten to report violations of law to a public body.

What activities are protected from retaliation?

Protected activities include:

Reporting or threatening to report a violation or suspected violation of state, federal, or local law to a public body.
Participating in an investigation by a public body.
Testifying or providing information in a public body investigation or hearing.
Refusing to participate in unlawful conduct directed by the employer.

The disclosure must be made in good faith. If the employee knows the report is false, the protection does not apply.

What remedies are available?

Successful HWPA claims can recover:

Reinstatement to the same or equivalent position.
Back pay and benefits from the date of the retaliatory action.
Compensation for damages incurred as a result of the violation.
Attorney's fees and costs.

Employees should file claims promptly. Hawaii employers should treat retaliation claims as a distinct litigation risk and document protected-activity-related employment decisions carefully. A consistent retaliation prevention framework helps avoid the worst outcomes.

Other Hawaii Leave Rights

Beyond HFLL and TDI, Hawaii provides several smaller leave categories.

What other leave entitlements exist in Hawaii?

Voting leave: employees may take up to 2 hours of paid leave to vote, with reasonable notice and at a time convenient to the employer.
Jury duty: employers cannot terminate, threaten, coerce, or intimidate an employee for serving on a jury. Employers are not required to pay for jury service time.
Witness leave: employees subpoenaed as witnesses are protected from termination or coercion.
National Guard leave: protected leave for active duty under both federal USERRA and HRS 121 (state National Guard provisions).
Bone marrow and organ donation: protected leave under specific provisions for state employees, with private-sector implications under broader leave statutes.
Pregnancy disability leave: available through TDI for the period a pregnant employee is unable to work due to pregnancy-related disability.

Hawaii Workplace Safety

Hawaii operates a state OSHA plan administered by the Hawaii Occupational Safety and Health Division (HIOSH) within the Department of Labor and Industrial Relations.

Who enforces workplace safety in Hawaii?

HIOSH has primary enforcement authority for private and public sector workplaces in Hawaii. The state plan covers most workers and adopts standards equivalent to or more stringent than federal OSHA.

What injury reporting is required?

Employers must report:

Work-related fatalities within 8 hours of learning of the death.
Work-related in-patient hospitalizations, amputations, and losses of an eye within 24 hours.
Recordable injuries and illnesses on OSHA Form 300 logs annually.

Workers' compensation injury reports are filed separately with the employer's insurance carrier and the Disability Compensation Division.

Hawaii Posting and Notice Requirements

Hawaii employers must post several state and federal notices in workplaces accessible to all employees. Required postings include:

Hawaii Wage and Hour Law poster: minimum wage, overtime, and recordkeeping rights.
Hawaii Workers' Compensation poster: rights and claim filing procedures.
TDI poster: Temporary Disability Insurance rights and filing instructions.
Prepaid Health Care Act notice: coverage rights and the employer's plan information.
Unemployment Insurance notice: filing process and contact information for the Unemployment Insurance Division.
Hawaii Civil Rights Commission poster: protected classes and complaint filing procedures.
Whistleblower Protection notice: employee rights under the HWPA.
Federal posters: FLSA, FMLA, EEOC, OSHA, USERRA, and others as applicable.

For remote workers, Hawaii follows the federal trend of requiring electronic posting equivalents. Employers should distribute the same notices through email or an internal portal that all remote employees can access.

Hawaii Reciprocal Beneficiary Recognition

Hawaii's Reciprocal Beneficiaries Act (HRS 572C) creates a unique civil status that affects many areas of employment law in the state. A reciprocal beneficiary relationship is registered between two adults legally prohibited from marriage to each other (such as adult siblings, a parent and adult child, or other relationships).

Why does the reciprocal beneficiary status matter for Hawaii employers?

Several Hawaii employment laws extend rights and benefits to reciprocal beneficiaries on the same basis as spouses, including:

Hawaii Family Leave Law (HFLL): employees can take family leave to care for a reciprocal beneficiary with a serious health condition.
Workers' compensation death benefits: reciprocal beneficiaries can qualify as eligible survivors.
State employee benefits: reciprocal beneficiaries can be added to certain state employee benefit programs.

Hawaii employers should make sure leave administration systems and benefits enrollment processes recognize reciprocal beneficiary status when employees register the relationship through the Hawaii Department of Health.

Hawaii Recordkeeping Requirements

Hawaii employment recordkeeping rules are scattered across multiple statutes. The most important records and retention periods are:

Wage and hour payroll records: 6 years under HRS 388.
HCRC discrimination records: 3 years (longer when claims are pending).
OSHA Form 300 injury logs: 5 years.
I-9 employment eligibility forms: 3 years from hire or 1 year from termination, whichever is later.
FMLA records: 3 years for federal FMLA-covered employers.
HFLL records: recommended 3 years for state family leave records.
TDI claims and records: retained as long as the program operates.
Prepaid Health Care Act records: coverage records, employer contributions, and waivers.

Hawaii employers facing HCRC, DLIR, or DCD investigations almost always face a documentation-burden test. Employers without organized record retention often spend the first month of an investigation reconstructing what should have been at hand on day one.

Hawaii Enforcement Agencies and Where to File

Hawaii's employment enforcement is divided among several agencies and divisions within the Department of Labor and Industrial Relations.

Which Hawaii agencies enforce employment laws?

Wage Standards Division (DLIR): minimum wage, overtime, payment of wages, child labor.
Hawaii Civil Rights Commission (HCRC): employment discrimination, harassment, retaliation, equal pay.
Disability Compensation Division (DLIR): Workers' Compensation, Temporary Disability Insurance, Prepaid Health Care Act.
Hawaii Occupational Safety and Health Division (HIOSH): workplace safety, injury reporting.
Unemployment Insurance Division (DLIR): unemployment claims and tax administration.
Department of Taxation: wage withholding and TDI/PHCA tax-related obligations.

What is the HCRC's role in employment cases?

The Hawaii Civil Rights Commission has primary authority over employment discrimination cases under HRS 378. The HCRC investigates complaints, offers mediation, issues findings, and can pursue enforcement actions including remedial orders and civil penalties. The HCRC also has authority to require training and policy changes as a remedy.

How AllVoices Helps Hawaii Employers Stay Compliant

Hawaii's overlapping compliance frameworks (the Prepaid Health Care Act, TDI, HFLL, HRS 378 protected classes, the Fair Chance Act, and the technology non-compete carve-out) create a documentation and workflow burden that scales fast as headcount grows. AllVoices helps People teams handle that burden in one place.

A few Hawaii-specific situations where the platform fits naturally:

HRS 378 complaint intake and investigation: a structured workflow that captures every report (across the broad set of protected classes including arrest record, reproductive health decisions, and credit history) with documentation HCRC investigators expect to see if a charge is filed.
Sexual harassment policy distribution and training tracking: a single source of truth for policy acknowledgements, training completions, and the records the HCRC may request in a remedial order.
Anonymous wage and hour reporting: a confidential channel for employees to flag wage statement issues, off-the-clock concerns, or PHCA coverage disputes before they become Wage Standards Division enforcement matters.
Victim leave and accommodation tracking: a workflow that captures the documentation required under HRS 378-72 with audit-ready records of every leave request, certification, response, and outcome.
Whistleblower intake and investigation: a confidential reporting channel and case management system designed for the HWPA's good-faith reporting standard.
Vera AI-assisted triage: early-stage classification of incoming reports to route harassment, retaliation, wage, accommodation, and policy concerns to the right investigator with the right priority.
Integration with HRIS systems: Workday, Rippling, Paylocity, and other HRIS connections feed roster and role data so case routing and compliance reporting reflect the current organizational state, including the 50-employee, 100-employee, and PHCA coverage thresholds that determine which Hawaii laws apply.

Teams that use the platform for workplace investigations get full case documentation (intake, witness interviews, evidence, decision rationale, and outcome) in one defensible record. To see how the workflow looks for a Hawaii People team, schedule a demo of AllVoices.

Frequently Asked Questions About Hawaii Labor Laws

What is the minimum wage in Hawaii in 2026?

The Hawaii minimum wage is $16.00 per hour effective January 1, 2026. The next scheduled increase under Act 114 of 2022 is to $18.00 per hour on January 1, 2028.

Does Hawaii have a tipped minimum wage?

Yes. In 2026, tipped employees must receive at least $14.75 per hour in cash wages, with employers claiming up to $1.25 per hour in tip credit. The cash wage plus tips must combine to at least $16.00 per hour, and the tip credit only applies if the employee actually receives at least $7.00 per hour above the minimum wage in tips.

When is overtime required in Hawaii?

Overtime at one-and-one-half times the regular rate is required after 40 hours in a workweek under HRS 387-3. Hawaii's exempt salary threshold is $4,000 per month in guaranteed compensation, higher than the federal FLSA threshold.

Does Hawaii have a paid family leave program?

Hawaii's Family Leave Law (HFLL) provides up to four weeks of unpaid family leave per calendar year for employees of employers with 100 or more employees. Hawaii does not have a statewide paid family leave insurance program of the kind found in California or New York. Hawaii's Temporary Disability Insurance program covers an employee's own non-work-related disability, including pregnancy-related disability.

Are non-compete agreements enforceable in Hawaii?

Non-compete and non-solicit clauses are void for technology business employees under Act 158 of 2015. Outside the technology sector, non-competes can be enforceable if they are supported by a legitimate business interest, are reasonable in scope, and are supported by adequate consideration.

Must Hawaii employers offer health insurance?

Yes, under the Hawaii Prepaid Health Care Act. Most private-sector employers must offer approved health plan coverage to employees who work 20 or more hours per week for at least four consecutive weeks and earn at least 86.67 times the minimum wage per month. Employers must pay at least 50% of the premium, and the employee's share cannot exceed the lesser of 50% of premium cost or 1.5% of monthly gross earnings.

Does Hawaii require salary disclosure in job postings?

Yes, for employers with 50 or more employees. Under SB 1057 (Act 203 of 2023), effective January 1, 2024, covered employers must include hourly rates or salary ranges in all external job listings. Internal-only postings and positions covered by collective bargaining agreements are exempt.

What protected classes does the Hawaii Employment Practices Act cover?

HRS 378 protects employees from discrimination based on race, color, religion, ancestry, national origin, sex, gender identity or expression, sexual orientation, age, disability, marital status, pregnancy, arrest and court record (with limits), reproductive health decisions, status as a victim of domestic or sexual violence, National Guard absence, and credit history (with limited exceptions). The Act applies to employers regardless of size.

The Bottom Line

Hawaii's compliance framework runs on parallel tracks. State-specific programs (PHCA, TDI, HFLL) sit on top of federal employment law, and several statutes (the Fair Chance Act, the technology non-compete ban, the higher exempt salary threshold) impose stricter standards than federal counterparts. The 2026 priorities for Hawaii HR teams are concrete:

By January 31, 2026: update payroll systems with the new $16.00 minimum wage, tipped wage of $14.75 cash plus tip credit, and TDI maximum employee withholding of $7.50 per week.
By February 28, 2026: review Prepaid Health Care Act eligibility for all employees against the new $1,386.72 monthly earnings threshold.
Throughout 2026: review job postings quarterly to confirm salary range disclosure compliance for all covered employers (50 or more employees).
Throughout 2026: audit non-compete templates for technology business employees to confirm void provisions are removed from new hire packages.
Throughout 2026: confirm hiring processes follow the Fair Chance Act sequencing (no criminal history inquiry until after a conditional offer, and lookback limited to 7 years for felonies and 5 years for misdemeanors).
Ongoing: maintain six years of wage and hour payroll records, three years of HCRC-related discrimination records, and the broader set of TDI, PHCA, HFLL, and OSHA records each statute requires.
Ongoing: document protected-activity employment decisions (retaliation, whistleblower, victim leave) carefully, given the fee-shifting and reinstatement remedies available under HRS 378.

Hawaii compliance is a documentation game. Employers that win the audit do not have a secret legal strategy. They have organized records, consistent processes, and a People team that catches issues before they escalate. To see how an employee relations platform supports Hawaii-specific compliance workflows end to end, take a closer look at the platform.