Hawaii Employment Law — full calculator

Preguntas frecuentes

• What are Hawaii's overtime rules for private-sector workers?

  Private-sector employees in Hawaii are entitled to overtime at 1.5 times their regular rate for all hours worked beyond 40 in a workweek (HRS §387-3) — the same as the federal FLSA floor. There is no daily overtime threshold for private employees.

• Do Hawaii public works employees get daily overtime?

  Yes. Workers on state or county public-works projects must be paid 1.5 times their base rate for hours over 8 in a single day and for all hours worked on Saturdays, Sundays, and Hawaii state holidays, per HRS §104-2(c). This is stricter than the federal 40-hour weekly rule.

• When must a Hawaii employer issue a final paycheck after firing an employee?

  Under HRS §388-3(a), employers must pay all earned wages at the time of discharge or no later than the next working day. This is one of the strictest final-paycheck deadlines in the US — employers cannot wait until the next scheduled payday.

• When must Hawaii employers pay employees who quit?

  Under HRS §388-3(b), if an employee gives at least one full pay period's advance notice, wages must be paid at the time of quitting. Without advance notice, the employer has until the next regular payday to issue the final check.

• What is the penalty for a late final paycheck in Hawaii?

  The 2025 Legislature (Act 115) established a minimum civil penalty of $500 per violation under the Wage and Hour Law. Employers are also liable for back wages plus interest. Employees have one year from the date wages became due to file a complaint with the Hawaii Wage Standards Division.

• Are non-compete agreements enforceable in Hawaii?

  Not for technology-business employees — non-compete and non-solicitation clauses are void and unenforceable for tech workers since July 1, 2015 (HRS §480-4(c)). For employees in other sectors, Hawaii courts apply a reasonableness test based on scope, duration, geography, and whether the restriction imposes undue hardship.

• What is Hawaii's minimum wage in 2026?

  Hawaii's minimum wage is $16.00 per hour as of January 1, 2026 (HRS §387-2) — more than double the federal floor of $7.25/hr. The rate is scheduled to increase to $18.00/hr on January 1, 2028.

• What is the minimum wage for tipped employees in Hawaii (2026)?

  Tipped employees may be paid as little as $14.75/hr if the employer applies the $1.25/hr tip credit allowed under HRS §387-2. The combined total of the employer's cash wage plus tips received must meet or exceed the $16.00/hr minimum wage for all hours worked.

• Does Hawaii require meal or rest breaks for adult employees?

  No. Hawaii has no state law requiring meal or rest breaks for adult employees. The only mandatory break under state law is a 30-minute rest or meal period for minors aged 14–15 after five consecutive hours of work (HRS §390-2(c)(3)). Adult break requirements follow FLSA guidance.

• Does Hawaii have a mandatory paid sick leave law?

  No. Hawaii does not require employers to provide paid sick leave. If an employer does offer sick leave, employees may use up to 10 days of accrued sick leave per year for qualifying family leave purposes, and employer policies must be provided in writing.