Hawaii has various labor laws that protect workers’ rights within the state. 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?
- What is the Minimum Wage in Hawaii?
- Does Hawaii Have Overtime?
- What Health Benefits are Required for Hawaii Employees?
- Does Hawaii Protect Employees from Discrimination?
- Do Hawaii Employees Receive Time Off?
- Where Can I Find a Lawyer to Help Me with Employment Disputes 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.
As of 2018, the minimum wage in Hawaii is $10.10 per hour. If you are a tipped employee, then the minimum wage is $9.35 per hour.
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.
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. Wage and hour lawsuits are particularly necessary when
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; employees should consult with a local lawyer in case of any new laws that pass.
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.
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.
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.