Best Employment & Labor Lawyers in Hawaii

About Employment & Labor Law in Hawaii, United States

Employment and labor law in Hawaii governs the relationship between employers and employees, ensuring that both parties are aware of their rights and responsibilities. These laws cover a wide range of workplace issues, including hiring, wages, workplace safety, discrimination, harassment, leave entitlements, collective bargaining, and termination. Hawaii often has more employee-friendly protections than federal law, with unique provisions reflecting the state’s diverse workforce and strong history of labor relations.

Why You May Need a Lawyer

There are many situations where legal guidance is important for both employees and employers in Hawaii. Common scenarios where you may need an employment and labor lawyer include:

• Experiencing workplace discrimination, harassment, or retaliation
• Disputes over wages, overtime, or employee classification
• Being wrongfully terminated or laid off
• Concerns over employment contracts, non-compete or confidentiality agreements
• Facing workplace safety or health violations
• Issues regarding family, medical, or disability leave under state or federal law
• Joining or forming a union, or collective bargaining disputes
• Handling workplace investigations or disciplinary proceedings
• Understanding employer obligations when closing or downsizing a business
• Resolving claims with the Hawaii Civil Rights Commission or other agencies

An employment lawyer can help you understand your rights, navigate administrative processes, negotiate settlements, or represent you in lawsuits as needed.

Local Laws Overview

Hawaii has its own set of employment and labor laws, some of which go beyond federal requirements. Key legal aspects include:

• Wage and Hour Laws: Hawaii’s minimum wage is often higher than the federal minimum. Specific overtime and rest break rules apply. Tips and service charges have unique regulations.
• Employment Discrimination: The Hawaii Fair Employment Practices Act prohibits discrimination based on race, sex (including pregnancy), age, religion, disability, national origin, sexual orientation, gender identity or expression, and more.
• Family and Medical Leave: The Hawaii Family Leave Law offers up to four weeks of leave for family reasons, in addition to federal Family and Medical Leave Act protections.
• Workers’ Compensation: All employers must provide workers’ compensation insurance for work-related injuries or illnesses.
• Occupational Safety and Health: Hawaii operates its own workplace safety program (HIOSH) with rules for industries common in the state.
• Union Rights: Strong protections exist for union organizing and collective bargaining, especially for public sector employees.
• Employment at Will: While Hawaii recognizes at-will employment, many exceptions limit arbitrary or retaliatory firing.
• Whistleblower Protections: Employees who report illegal activity or health and safety concerns are safeguarded from retaliation.

Understanding these laws is essential to protect your interests whether you are an employee or an employer in Hawaii.

Frequently Asked Questions

What is the current minimum wage in Hawaii?

As of 2024, Hawaii’s minimum wage is 14 dollars per hour and is set to increase in future years. Certain jobs and tipped employees have specific regulations.

What protections exist against workplace discrimination in Hawaii?

Hawaii law makes it illegal to discriminate against employees or job applicants based on race, color, religion, sex (including pregnancy and gender identity), sexual orientation, age, disability, ancestry, and more. The Hawaii Civil Rights Commission investigates claims of discrimination.

Can I be fired without cause in Hawaii?

Hawaii is generally an at-will employment state, meaning employers can terminate employment at any time for almost any reason. However, it is illegal to fire someone for discriminatory reasons, retaliation, or for reasons contrary to public policy.

How much time off do employees get for family or medical reasons?

Under the Hawaii Family Leave Law, eligible employees at companies with at least 100 workers may take up to four weeks of unpaid family leave a year. The federal Family and Medical Leave Act offers up to 12 weeks for certain health and birth or adoption related reasons.

What should I do if I am not paid properly?

Start by raising the issue with your employer. If not resolved, you can file a complaint with the Wage Standards Division at the Hawaii Department of Labor and Industrial Relations. Legal advice may be beneficial for complex cases.

Are breaks and meal periods required by Hawaii law?

Hawaii law requires a 30-minute rest or meal period for employees ages 14 or 15 working five or more continuous hours. For adults, breaks are not required by law but may be given by company policy.

What rights do I have if I am injured at work?

You are entitled to workers’ compensation, covering medical treatment and partial wage replacement, for work-related injuries or illnesses. Promptly report the injury to your employer and seek medical care.

Can I sue my employer for harassment?

Yes, if you experience illegal harassment (such as sexual harassment), you may file a complaint with the Hawaii Civil Rights Commission or the Equal Employment Opportunity Commission, and may also pursue civil action in court.

What protections exist for whistleblowers in Hawaii?

Hawaii law protects employees who report illegal or unsafe practices from retaliation. Legal remedies may include reinstatement, back pay, and attorney’s fees.

How do unions work in Hawaii?

Hawaii has a strong union presence, especially in certain industries. Employees have the right to organize, join unions, and bargain collectively. Unions must operate within the framework of both state and federal labor laws.

Additional Resources

There are several government agencies and organizations that provide assistance and oversight for employment and labor matters in Hawaii:

• Hawaii Department of Labor and Industrial Relations (DLIR): Handles wage claims, workplace safety, unemployment insurance, and workers’ compensation.
• Hawaii Civil Rights Commission: Investigates and enforces anti-discrimination laws in employment.
• Hawaii Occupational Safety and Health (HIOSH): Oversees workplace safety standards and complaints.
• Equal Employment Opportunity Commission (EEOC): Federal agency for discrimination and harassment complaints.
• Legal Aid Society of Hawaii: Offers free or low-cost help with select employment law issues.
• Hawaii State Bar Association: Assists with finding qualified employment and labor attorneys.

Next Steps

If you need legal advice or have concerns about employment or labor practices in Hawaii, take the following steps:

• Document important incidents, communications, and any evidence related to your workplace issue.
• Contact the appropriate state or federal agency for guidance or to file a formal complaint if necessary.
• Consult a licensed Hawaii employment and labor law attorney to understand your rights and the best course of action.
• Be aware of deadlines, such as statutes of limitations for certain claims or required reporting periods.
• If you are an employer, consider proactively reviewing your policies and practices with legal counsel to ensure compliance with Hawaii’s labor laws.

Navigating employment and labor matters can be complex, but with the right information and support, you can better protect your rights and interests in Hawaii’s dynamic workplace environment.