Filing a Wage and Hour Claim - Hawaii
Does Hawaii have state overtime laws that are different from federal law?
Under Hawaii law, employers in the private sector must pay employees at a rate of one and one-half the employee's regular hourly wage for working more than 40 hours in one week.
Some employees are exempt from the overtime requirement. Employees earning more than $2,000 per month on a salary basis or engaged in executive, administrative, supervisory, agricultural or professional activities are exempt from the overtime requirement.
Does Hawaii have a minimum wage that is different from federal law?
Effective January 1, 2018, the minimum wage in Hawaii is $10.10 per hour, which is greater than the federal minimum wage of $7.25 per hour.
Employers cannot decrease the minimum wage by the cost to provide uniforms that are primarily for the convenience of the employer. Employers, however, can use tips and gratuities to reduce the minimum wage required to $9.35. Employers can also deduct the reasonable cost of providing board, lodging or other facilities from the minimum wage. Wages and tips together must equal at least $7.00 more than minimum wage, or $14.25 per hour.
The following employees may be paid at a rate below the minimum wage:
- Student learners
- Student workers
- Disabled workers
- Paroled wards
Employees earning more than $2,000 per month on a salary basis or engaged in executive, administrative, supervisory or professional activities are exempt from the minimum wage requirement.
Do any cities or counties in Hawaii have a minimum wage that is different from state or federal law?
No cities or counties in Hawaii currently have a minimum wage different from the state minimum of $10.10 per hour.
Does Hawaii have meal and rest break requirements, unlike federal law?
Hawaii does not have any meal or rest break requirements for employees aged 18 or older. However, Florida requires that minor employees ages 17 or younger must be given a break of at least 30 minutes for every five hours consecutively worked.
How do I file a wage/hour or labor standards claim in Hawaii?
You can file a wage claim with a local office of the Wage Standards Division. Information on the process is available at the state Wage Standards Division website. The filing should include as much information and documentation as possible. This process can be completed with or without an attorney.
What are my time deadlines?
If you have a wage/hour claim, do not delay in contacting the Department to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file with six years from the date that the claim arose.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.
How can I or my attorney pursue a claim in court in Hawaii?
In Hawaii, an employee can file a private lawsuit to recover unpaid wages, civil penalties, and attorney's costs and fees. In the event that the employer willfully violated the law, liquidated damages may also be recovered.
State Labor Agency
830 Punchbowl Street
Honolulu, Hawaii 96813
Phone: (808) 586-8777
3060 Eiwa Street
Lihue, Hawaii 96766
Phone: (808) 274-3351
State Building #2
2264 Aupuni Street
Wailuku, Hawaii 96793
Phone: (808) 243-5322
75 Aupuni Street, Room 108
Hilo, Hawaii 96720
Phone: (808) 974-6464
Post Office Building
81-990 Halekii Street, Room 2087
Mailing: P. O. Box 49
Kealakekua, Hawaii 96750
Phone: (808) 322-4808
© 2021 Workplace Fairness