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Labor law in Hawaii covers the legal framework that governs the relationship between employers and employees. This includes wages, working conditions, safety regulations, discrimination protections, union rights, and benefits such as paid leave. Hawaii’s labor laws reflect both state statutes and federal regulations, such as those from the U.S. Department of Labor. Unique to Hawaii are specific protections and benefits tailored to the needs of its diverse workforce, including accommodations for collective bargaining and a focus on fair labor standards.
Navigating labor law issues can be complex, and obtaining legal advice is often critical in several situations. You may need a labor law attorney if you believe your rights as an employee have been violated, such as in cases of wrongful termination, unpaid wages, discrimination, or harassment. Employers may also require legal assistance to ensure compliance with labor laws, draft policies, and defend against claims. Union negotiations, contract reviews, workplace injury claims, and disputes over shift scheduling or leave entitlements are other common reasons to seek legal help.
Hawaii enforces a number of state-specific labor laws that are important for workers and employers to understand:
Understanding these and other local nuances is crucial for compliance and for asserting your rights as an employee or employer.
As of 2024, Hawaii’s minimum wage is higher than the federal minimum and is scheduled for incremental increases over the next few years. Check the Hawaii Department of Labor and Industrial Relations for the most up to date rate.
Most employees in Hawaii are entitled to overtime pay at one and one half times their regular rate for hours worked over 40 in a workweek, with some exemptions for specific industries and job roles.
Hawaii is an at will employment state, but employers cannot terminate employees for illegal reasons, such as discrimination or retaliation against whistleblowing.
If you believe you have been discriminated against based on protected characteristics such as race, gender, or disability, you can file a complaint with the Hawaii Civil Rights Commission or seek legal counsel.
While there is no statewide paid sick leave mandate as of 2024, employers may offer paid leave and certain employers are covered under collective bargaining agreements requiring paid sick leave. Hawaii’s Family Leave Law may offer protection for some employees.
Employees injured on the job may be eligible for benefits through Hawaii’s workers’ compensation system, which covers medical care, wage loss, and rehabilitation.
Under Hawaii Family Leave Law, employees working for companies with at least 100 employees may be eligible for up to four weeks of unpaid family leave per year, which may run concurrently with federal protections.
Workers aged 14 or 15 must receive a 30-minute break after five consecutive hours. There is no general law requiring meal breaks for adult employees, but many employers provide them.
Hawaii allows employers to take a tip credit under specific conditions, which may reduce the direct hourly wage paid to tipped employees, provided their total earnings are at least the state minimum wage.
Employees in Hawaii have the right to organize, join, or assist labor unions and to engage in collective bargaining without fear of retaliation.
If you need further information, these resources can provide helpful guidance:
If you believe you need legal assistance with a labor law issue in Hawaii, start by gathering all relevant documents such as employment contracts, pay stubs, correspondence with your employer, and any evidence of workplace incidents. Contact a qualified labor law attorney who understands Hawaii’s unique laws and can guide you through your options. You can also reach out to the Hawaii Department of Labor and Industrial Relations or the Legal Aid Society of Hawaii for more guidance. Remember, timely action is important because some workplace claims have strict filing deadlines.
