The Hawaii Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. The federal minimum wage is a wage baseline, but different states, cities, and regions can adopt their own rates. 

$14.00 per hour for most employees (as of 2024)

Cities that have higher minimum wage:
In Hawaii, the minimum wage is set at the state level, therefore the amount is the same across all cities.

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Tipped minimum wage is the lowest hourly pay rate employers are legally obligated to pay employees who earn a significant portion of their income through tips. 

$12.75 per hour for most tipped employees (as of 2024)

*According to The Department of Labor, tipped Credit in Hawaii is allowed if the employee receives the combined amount from the employer and the tip is at least $7.00 more than the applicable minimum wage.

Hawaii’s overtime laws are governed by the Fair Labor Standards Act and allows employees who work more than 40 hours in a workweek to be eligible for overtime. Hours worked in excess of 8 hours a day are not considered overtime, except when work is performed on a State or county public works construction project.

Hawaii wage and hour laws generally require an employer to grant a meal period of at least 30 minutes to minors aged 14 or 15 who work more than five consecutive hours.

Hawaii has no laws requiring an employer to provide a meal period or breaks to nonexempt employees 16 years of age or older; thus, the federal law applies.

Federal law does not require an employer to provide a meal period or breaks. However, if an employer in Hawaii chooses to provide breaks, breaks must be paid if they last 20 minutes or less.

Meal or lunch periods (usually 30 minutes or more) do not need to be paid so long as the employee is completely relieved of all duties and free to do as they wish during the meal or lunch period.

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Vacation leave
Hawaii does not require employers to provide paid time off to their employees. The employer can choose to offer vacation leave at their discretion. 

Paid Sick Leave
Paid sick leave is not required by law in the state of Hawaii. 

Holidays
Hawaii does not require private employers to provide paid time off or holiday pay to their employees for the holidays.

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Under the Hawaii Child Labor Law, minors under 18 must have a “work permit” to work. The law is more detailed depending on the minor’s age range.

Minors who are 14 or 15-years-old:

• Need a Certificate of Employment before they start work, and this action must be retaken if they get a new job. 

• Cannot work more than 3 hours per day on a school day and 8 hours per day on a non-school day

• Cannot work more than 18 hours per week during a school week and not more than 40 hours per week during a non-school week.

• Can work between 7 AM and 7 PM on school days and between 6 AM and 9 PM on non-school days or the day before a non-school day. 

• Cannot work more than six consecutive days, and five consecutive hours without at least a 30-minute rest or meal period. 

Minors who are 16 or 17 -years old:

• Need to have a Certificate of Age Work Permit, which can be applied online here.

• The Certificate of Age (eCL-3) is only valid when accompanied by a proof of age document (see below for what’s acceptable proof of age).  

• The certificate of Age expires when the minor is 18 years old.

• Have no restrictions on hours worked except when the minor must be in school. 

• Employers must require these two items when a minor is hired: [1] Verification of the minor’s name and birth date on their Certificate of Age with proof of age document and [2] recording the Certificate of Age number before returning it to the minor. 

Acceptable Proof of Age:

• Birth Certificate

• Hawaii driver’s license or driver’s permit

• State of Hawaii ID

• Military ID

• Immigration record 

• Hospital record

• School record (not a school ID)

• Court record

• Baptismal certificate

Hiring
In Hawaii, employers are prohibited from discriminating in hiring. They are also not allowed to discriminate against a candidate who is part of a volunteer emergency responder team or absent as part of the National Guard. 

Firing
Hawaii employers generally have the right to terminate employees at will for nearly any reason or no reason at all unless there is a contract that requires the employer to provide the reason behind the termination.