Hawaii’s labor laws sit noticeably above the federal floor. The state minimum wage rises to $16.00 per hour on January 1, 2026, and $18.00 on January 1, 2028.1State of Hawaii Wage Standards Division. Minimum Wage and Overtime Hawaii is also the only state that requires private employers to provide health insurance, and it mandates temporary disability coverage for non-work injuries. Add strong anti-discrimination rules, hiring privacy protections, and a state family leave law, and the picture for workers here differs meaningfully from most of the country.
Minimum Wage, Tips, and When You Get Paid
Both the 2026 and 2028 rates are set by Act 114 (2022) and apply regardless of the federal $7.25 minimum.
Employers of tipped workers can claim a tip credit of $1.25 per hour, meaning a tipped employee’s base cash wage can drop to $14.75. But combined pay and tips must exceed the minimum wage by at least $7.00 per hour, so total hourly compensation has to reach at least $23.00.2Department of Labor and Industrial Relations. Minimum Wage to Increase to $12.00 on October 1 If tips fall short, the employer makes up the difference. The tip credit rises to $1.50 in 2028.
Wages must be paid at least twice per calendar month, with earned wages due within seven days after each pay period ends. Employees can vote by secret ballot to switch to monthly pay, but that takes majority approval.3Justia Law. Hawaii Code 388-2 – Semimonthly Payday
When an employer fires someone, all wages owed are due at the time of discharge, or by the next working day if circumstances prevent immediate payment. If you quit, you get paid by the next regular payday. Give at least one pay period’s advance notice, and your final wages are due the day you leave.4Justia Law. Hawaii Code 388-3 – Employees Who Are Discharged or Who Quit
Overtime
Non-exempt employees earn one and a half times their regular rate for hours beyond 40 in a workweek.5Justia Law. Hawaii Code 387-3 – Maximum Hours Hawaii has no daily overtime threshold, so a 12-hour shift by itself doesn’t trigger overtime unless weekly hours cross 40.
Workers who hold multiple roles for the same employer still qualify for overtime when combined hours pass 40, even at different pay rates. The most common overtime dispute involves misclassification. Hawaii follows federal guidelines for the executive, administrative, and professional exemptions, which require both a salary threshold and specific duties. Missing either piece puts the employer on the hook for back pay.
Breaks, Vacation, and Sick Leave: What Hawaii Doesn’t Require
Hawaii does not mandate rest or meal breaks for adult employees. The only state-required break covers 14- and 15-year-old workers, who must get at least 30 minutes after five consecutive hours.6Wage Standards Division. Wage and Hour FAQs Many employers still provide breaks through company policy or a collective bargaining agreement. Under federal rules, short breaks of 5 to 20 minutes count as paid work time.
Hawaii also does not require paid vacation or paid sick leave. Employers that offer these benefits must put their policies in writing or post them where employees can see them.7State of Hawaii Wage Standards Division. Vacation and Sick Leave Accrued, unused vacation doesn’t have to be cashed out at separation unless the employer’s own policy or a contract promises it.
Nursing employees are treated differently. Employers must give reasonable break time to express milk for up to one year after a child’s birth and provide a private location, not a bathroom, shielded from view. Employers with fewer than 20 employees can seek an exemption for significant difficulty or expense. Penalizing or demoting someone for breastfeeding at work is an unlawful discriminatory practice carrying a $500 fine per violation.8Hawaii Civil Rights Commission. Guide to the Rights of Breastfeeding Employees in Hawaii
Mandatory Health Insurance and Disability Benefits
This is where Hawaii diverges most sharply from other states. Two separate programs sit on top of federal benefits law.
Prepaid Health Care
Under the Hawaii Prepaid Health Care Act, most private employers must provide health insurance to employees who work at least 20 hours per week and earn at least 86.67 times the state minimum hourly wage per month.9State of Hawaii Disability Compensation Division. About Prepaid Health Care At the 2026 minimum wage of $16.00, that monthly threshold works out to roughly $1,387. Federal, state, and county government employees are excluded, along with other categories the statute lists.
Employers can require employees to contribute toward premiums, but the employee’s share cannot exceed 1.5% of their regular wages or half the premium cost, whichever is less.10Hawaii Department of Labor and Industrial Relations. Prepaid Health Care Administrative Rules Workers denied coverage can file a complaint with the Disability Compensation Division.
Temporary Disability Insurance
Hawaii’s Temporary Disability Insurance (TDI) law requires employers to provide partial wage replacement when an employee cannot work because of a non-work-related injury, illness, or pregnancy.11State of Hawaii Disability Compensation Division. About Temporary Disability Insurance Employers can meet the requirement through an insurance carrier, an approved self-insured plan, or equivalent sick leave benefits in a collective bargaining agreement.
To qualify, you need at least 14 weeks of Hawaii employment in the 52 weeks before disability began, working 20 or more hours and earning at least $400 in each of those weeks. The weeks don’t need to be consecutive or with the same employer. Benefits equal 58% of average weekly wages, up to a maximum of $871 per week in 2026, and last up to 26 weeks. Employers can deduct up to 0.5% of weekly wages for TDI, capped at $7.50 per week.12State of Hawaii Disability Compensation Division. 2026 Maximum Weekly Wage Base and Maximum Weekly Benefit
Family and Medical Leave
The Hawaii Family Leave Law (HFLL) provides up to four weeks of unpaid leave per calendar year for the birth or adoption of a child or to care for a family member with a serious health condition.13State of Hawaii Wage Standards Division. Hawaii Family Leave HFLL applies to employers with 100 or more employees. To qualify, an employee needs six consecutive months of employment, with no minimum hours during that period.
The leave is unpaid, but employees can substitute accrued vacation, personal, or family leave for any part of the four weeks. The employer must hold the job or an equivalent position open.
Workers at smaller companies with 50 or more employees may still qualify for federal FMLA leave of up to 12 weeks. FMLA has tougher eligibility, though: 12 months of employment and 1,250 hours worked. Hawaii does not yet have a paid family leave program.
Hiring Protections
Salary History
Employers cannot ask about an applicant’s salary history or use it to set compensation, including during contract negotiations. That covers direct questions, inquiries to former employers, and searches of public records.14Justia Law. Hawaii Code 378-2.4 – Employer Inquiries Into Salary History You can volunteer salary history without prompting, but the employer cannot open the door.15Hawai’i Civil Rights Commission. Act 203 Pay Transparency FAQs Employers may tell applicants the proposed salary range for the position.
Criminal Record
An employer cannot ask about convictions until after extending a conditional job offer, and can only consider convictions that relate to the duties of the position.16FindLaw. Hawaii Revised Statutes 378-2.5 Look-back is limited to the most recent seven years for felonies and five years for misdemeanors, not counting time incarcerated. Certain employers are exempt from the timing rules, including financial institutions with federally insured deposits, the state judiciary, armed security services, and the Department of Education.
Discrimination and Whistleblower Protections
Hawaii’s employment discrimination law covers a wider set of protected characteristics than federal law: race, sex, gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, reproductive health decisions, and status as a domestic or sexual violence victim.17Justia Law. Hawaii Code 378-2 – Discriminatory Practices Made Unlawful; Offenses Defined The protections for gender identity, sexual orientation, and arrest records go beyond Title VII.
A discrimination complaint must be filed with the Hawaii Civil Rights Commission (HCRC) within 180 days of the most recent discriminatory act.18Hawai’i Civil Rights Commission. FAQs The HCRC investigates and may attempt mediation before formal action. Remedies can include back pay, reinstatement, and compensatory damages. Retaliation for reporting discrimination is separately prohibited.
On the whistleblower side, employers cannot fire, threaten, demote, or penalize an employee who reports a suspected violation of any federal, state, or local law to a government agency, law enforcement, or the employer itself.19Justia Law. Hawaii Code 378-62 – Discharge of, Threats to, or Discrimination Against Employee for Reporting Violations of Law Employees asked to participate in an official investigation or hearing are also protected. The one exception is a knowingly false report. A worker facing retaliation can sue within two years and recover actual damages and reasonable attorney fees.20Justia Law. Hawaii Code 378-63 – Civil Actions
Child Labor
Every employed minor under 18 needs a work permit. Employers must obtain a Certificate of Employment before a 14- or 15-year-old starts. Minors 16 and 17 need a Certificate of Age with an approved proof-of-age document.21State of Hawaii Wage Standards Division. Child Labor
Hour limits for 14- and 15-year-olds:
- School days: no more than 3 hours, only between 7:00 a.m. and 7:00 p.m.
- Non-school days: up to 8 hours, between 6:00 a.m. and 9:00 p.m.
- School weeks: no more than 18 hours total.
- Non-school weeks: up to 40 hours total.
These limits track whether school is in session, not the calendar. A non-school day during spring break follows the relaxed schedule. Workers under 18 are barred from hazardous jobs including construction and heavy machinery. Violations carry fines and possible criminal penalties.
Union and Collective Bargaining Rights
The Hawaii Employment Relations Act covers private-sector employees, giving them the right to form, join, or support a union without employer interference. Public-sector employees bargain under a separate statute that requires public employers to negotiate wages, hours, and working conditions.22Justia Law. Hawaii Code 89-1 – Statement of Findings and Policy
Retaliation for union activity, including intimidation, coercion, or firing, can trigger legal consequences. Employees who believe their bargaining rights have been violated can file a prohibited practice complaint with the Hawaii Labor Relations Board within 90 days of the alleged violation. There is no filing fee.23Hawaiʻi Labor Relations Board. Frequently Asked Questions The Board can order the employer to stop the conduct, reinstate a wrongfully fired employee, pay back wages, and reimburse attorney fees in appropriate cases.