Hawaii has various labor laws that protect workers’ rights within the state. Labor laws are a body of laws that govern how individuals are treated in their workplace.
They are implemented to protect the rights of job applicants and employees in various situations, such as when there are situations involving discrimination and harassment, Family Medical Leave Act (FMLA) leave, wrongful termination and workers’ compensation.
The terms labor law and employment law may be used interchangeably, although they typically apply to slightly different issues within employment settings. Labor law is commonly used to refer to issues involving unions and employment law is commonly used to refer to most other issues that arise in workplaces.
Both labor laws and employment laws govern the way that employers and employees work together in Hawaii. In the state of Hawaii, employees are considered at-will employees, meaning both parties can terminate the employment relationship at any time and for any legal reason.
Employees should look carefully at their individual state rights if they believe that they have an employment law conflict. This will tell an employee what rights they have in regards to employment and their specific work environment. The laws of the state outline the procedures employees can use to in order to defend and protect these rights.
What Is the Difference Between Part-time vs. Full-time in Hawaii?
Hawaii currently does not have a state law that says how many hours a person must work to be considered part-time or full-time. Most companies consider 40 hours per week as full-time and less than that as part-time. Employees should reach out to their HR department or consult their employment contract 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 certain benefits to you under the Hawaii Prepaid Health Care Law.
What Is the Minimum Wage in Hawaii?
As of January 1, 2026, the minimum wage in Hawaii is $16.00 per hour. Tipped employees can be paid a based cash wage of at least $14.75 per hour. According to the Hawaii Department of Labor’s official schedule, the minimum wage is set to increase to $18.00 on January 1, 2028.
In Hawaii, employees must be paid either monthly or twice a month. Violations of Hawaii minimum wage laws may result in legal liability for the employer.
In cases where several employees are affected, a class action lawsuit may be necessary (such as when an entire department or section of the company is affected.
Does Hawaii Have Overtime?
In Hawaii, an employee is owed overtime pay when they work more than 40 hours per week. If you work for the State or County on public construction projects, you are owed overtime pay if you work over 8 hours in one day. The standard overtime rate is calculated as 1 and ½ times the regular hourly pay (“time and a half”).
Hawaii does not place any limits on mandatory overtime. So, an employer can require that their employees work as many hours as they request.
Disputes over overtime rates, minimum wage rates, and other payment issues may require a wage and hour lawsuit. These types of lawsuits allow the court to determine whether a violation has occurred, and can prescribe the appropriate remedy.
What Health Benefits Are Required for Hawaii Employees?
In the State of Hawaii, a company 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 other laws, any employer that has more than 50 or more full-time employees must offer health insurance. This plan must cover at least 60% of standard, typical health costs.
It is important to note that the health insurance laws can be subject to change. Because of this, employees should consult with a local lawyer in case of any new laws that pass.
Does Hawaii Protect Employees from Discrimination?
If you have been discriminated against in Hawaii by an employer, you may be eligible to file a complaint with either the Equal Employment Opportunity Commission or the Hawaii Civil Rights Commission. In Hawaii you can file with any of the agencies, and they will work with each other. There are several time limits you should be careful about, as each agency has its own requirements and deadlines.
You cannot be punished or terminated 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 obtain in a discrimination lawsuit.
Do Hawaii Employees Receive Time Off?
The federal Family and Medical Leave Act (FMLA) only covers employees that are employed by companies with 50 or more employees and conduct business in multiple states. Under the FMLA, an employee is eligible for up to 12 weeks of unpaid leave, medical and health benefits during that leave, as well as the right to go back to their job when they return.
The FMLA applies to workers that have worked at least 1,250 hours over a 12-month period (this means it could possibly cover part-time employees depending on the situation).
Hawaii law does not require employers to provide employees with 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; they don’t have to share the time off either.
The Hawaii Temporary Disability Insurance (TDI) law applies to all employees who work over 20 hours per week. If an employee has to take time off for an injury or disability, they are allowed to take 26 weeks off at most. They will be entitled to 58% percent of their weekly pay but the maximum amount they can get is $982 per week.
How Are Labor Laws Regulated in Unions?
A union, or labor union, is a group of workers that are provided extra protections because they negotiate as a group with their employer. They often negotiate over things such as their benefits, working conditions, termination policies, and complaints policies.
The National Labor Relations Act (NLRA) is the federal law that governs employees in the private sector that belong to unions. This law ensures union members’ rights are respected at their workplace.
The NLRA also provides that workers have the right to create a union if one does not already exist. Workers also have the right to join a union if they wish or decline to participate in union activities.
The NLRA provides protections for workers who are trying to start a union and ensures that employers cannot treat workers differently because they are union members.
Where Can I Find a Lawyer to Help Me with Employment Disputes in Hawaii?
If you think you are not getting the basic rights and protections offered by your state’s labor laws, you may need to contact a local Hawaii lawyer today. Your attorney can provide you with legal advice, research, representation, and other services needed during the legal process.
For help finding a Hawaii lawyer near you, use LegalMatch’s free lawyer-client matching services to locate a labor lawyer who can help with your employment questions or concerns. It will only take you a short time to complete the online intake process and you will be matched with local Hawaii attorneys who are ready to help you resolve your employment question or issue.
