Hawaii prefers a worker-forward employment law framework, with no right-to-work rules, a higher minimum wage rate, pay transparency requirements, and equal pay protections. Despite deferring to federal guidelines on unpaid family and medical leave, the state also enforces strict non-compete agreement limitations and restrictions on pre-employment inquiries.
When it comes to talent and workforce management, Hawaii-based employers need to comply with the following state employment laws:
The below information was last updated November 4, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.
A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.
Central to U.S. labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).
Hawaii currently has no right-to-work laws or regulations. Although, under section 14(b) of the National Labor Relations Act (NLRA), Hawaii can pass a right-to-work law in the future if it chooses.
Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
| Hawaii Minimum Wage | The state of Hawaii uses its own minimum wage rate of $14.00, including a tipped minimum wage rate of $12.75 for employees who earn tips with their base pay. |
| Hawaii Overtime Pay Laws | Under HI Rev. Stat. § 387-3, overtime pay in Hawaii is calculated at 1.5 times the employee’s regular pay rate when working over 40 hours a week, though special provisions exist for certain agricultural workers. |
| Hawaii Pay Equity Law | According to HI Rev. Stat. § 378-2.3, no employer in Hawaii can discriminate between employees because of any protected category including race, sex, including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, or domestic or sexual violence victim status if the domestic or sexual violence victim provides notice to the victim's employer of such status or the employer has actual knowledge of such status by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to other employees in the establishment for substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. |
| Hawaii Pay Transparency Law | In July 2023, Hawaii passed the Hawaii Pay Transparency Law and became one of 15 states (plus Washington D.C.) to have pay transparency laws. Under HI Rev. Stat. § 378-2.8, employers with at least 50 employees must disclose an hourly rate or salary range in job listings that reasonably reflect the actual expected compensation. |
| Hawaii Final Paycheck Law | In Hawaii, employees who voluntarily resign from a job must receive their final paycheck by the next regular payday. Involuntarily terminated employees must receive their final paycheck immediately or by the next working day if immediate payment isn’t possible. |
| Hawaii PTO Payout Laws | Hawaii doesn’t have specific PTO payout requirements, as it bases such decisions on an employer's policy. It also has no regulations regarding the use of "use-it-or-lose-it" policies. |
| Hawaii Paid Sick Leave (PSL) | Hawaii currently has no paid sick leave laws or regulations. |
| Hawaii Paid Family and Medical Leave (PFML) | Hawaii currently has no PFML laws or regulations. However, employers with 50 or more employees must still comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid leave every 12 months for various reasons. |
| Hawaii Maternity Leave | Hawaii doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Since the state also doesn’t have a mandated PFML program, employees must instead use FMLA leave or another type of employer-provided leave. |
| Hawaii Voting Leave Law | Hawaii currently has no voting leave laws or regulations. |
All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).
Hawaii, however, also adopted and imposes additional, OSHA-approved regulations that meet or exceed those federal standards. Hawaii’s State OSHA Plan is overseen by the Hawaii Department of Labor and Industrial Relations.
Hawaii currently has no work break laws or regulations.
As described by the HI Rev. Stat. § 378-2, and enforced by the Hawaii Civil Rights Commission, employers in Hawaii are prohibited from discriminating against employees based on:
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Hawaii also requires employers to comply with specific anti-harassment mandates, as outlined in HI Rev. Stat. § 12-46-109. Employers, for example, are responsible for acts of sexual harassment where the employer or supervisory employees knows or should have known of the conduct and fails to take immediate and appropriate corrective action.
The state doesn't, however, require employees to complete any harassment or discrimination training courses.
| Hawaii Non-Compete Agreement Laws | Hawaii is one of several states that limit the use of non-compete agreements. According to HI Rev. Stat. § 480-4, contracts, alliances, or conspiracies are generally illegal if they restrain trade or commerce in Hawaii or any section of the state. |
| Hawaii Retirement Plan Laws |
Hawaii is one of a handful of states with a mandatory retirement plan, although the program’s specific requirements have not yet been implemented. |
| Hawaii Pre-Employment Inquiries Laws | Under HI Rev. Stat. § 378-92, employers in Hawaii with more than 50 employees are required to support breastfeeding employees by providing break time and a clean space (other than a bathroom) to pump at work. |
| Hawaii Lactation Law | Under HI Rev. Stat. § 378-2.5, employers must not inquire into an applicant's criminal history until after a conditional employment offer is made. |
This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.
Between constantly changing employment laws and updates to the Affordable Care Act (ACA), keeping your workplace compliant can be a time-consuming and costly challenge. Eliminate the stress and stay up to date with our Compliance Dashboard. View compliance alerts and get a bird’s eye view of what you need to do to avoid fines and penalties.
