Hawaii labor laws protect workers’ rights within the state. Employees should look carefully at their individual state rights. This will tell an employee what rights they have in regards to their employment and work environment. The laws of the state outline the procedures employees can use to protect these rights.
Hawaii does not have a state law that says how many hours you must work to be considered part-time or full-time. Most companies will hold that 40 hours per week is full-time and less than that is part-time. Employees should reach out to their HR department to find out if they are considered full-time or part-time employees in the company.
In Hawaii, if you work at least 20 hours per week the employer has to provide some benefits to you under the Hawaii Prepaid Health Care Law. We will talk more about health care in Hawaii later in the article.
In 2017 the minimum wage in Hawaii is $9.25 per hour. In 2018 that amount will go up to $10.10 per hour. If you are a tipped employee, then the minimum wage is $8.50 per hour. In 2018 that will go up to $9.35 per hour. In Hawaii you must be paid either monthly or twice a month.
In Hawaii, overtime pay is owed when an employee works over 40 hours per week. If you work for the State or County on public construction projects if you work over 8 hours in one day, then you are owed overtime hours. Overtime is calculated as 1 and ½ times the regular hourly pay.
Hawaii does not have any limits on mandatory overtime. So any employer can require that an employee work as many hours as they request.
In Hawaii anyone that has one or more employees has to provide health benefits under the Prepaid Health Care Act. Under that law any employee that works at least 20 hours per week is covered.
Under the ACA, any employer that has more than 50 or more full-time employees must offer health insurance. This plan must cover at least 60% of typical health costs. It is important to note that the health insurance laws may change soon and employees should consult with a local lawyer in case of any new laws that pass.
In Hawaii if you have been discriminated against by an employer you can file a complaint with either the Equal Employment Opportunity Commission or the Hawaii Civil Rights Commission. In Hawaii you can file with any one of the agencies and the agencies will work with each other. There are several time limits you should be careful about; each agency has its own requirements.
You cannot be punished for complaining about discrimination because it is against the law in Hawaii. Also, in Hawaii there are no limits for the amount of damages you can get for winning a discrimination lawsuit.
The federal Family and Medical Leave Act (FMLA) only covers employees that are employed by companies that have 50 or more employees and conduct business in multiple states. Under FMLA an employee is eligible for up to 12 weeks of unpaid leave, medical and health benefits during that leave and the right to go back to their job when they return. FMLA applies to workers that have worked at least 1,250 hours over a 12-month period so it could possibly cover part-time employees.
Hawaii law does not require paid sick or vacation leave. Hawaii Family Leave Law (HFLL) only applies to companies that have 100 or more employees in Hawaii and allows 4 unpaid weeks off. HFLL is different from FMLA because either parent can use the leave and they don’t have to share the time off.
The Hawaii Temporary Disability Insurance (TDI) law applies to all employees that worked over 20 hours per week. If an employee has to take time off for an injury or disability they can take off at most 26 weeks. They will get 58% percent of their weekly pay but the maximum amount they can get is $982 per week.
If you think you are not getting the basic rights and protections offered by your state's labor laws, then contact a local lawyer today.
Last Modified: 02-21-2017 02:17 AM PSTLaw Library Disclaimer
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