Hawaii Employment Law Guide — Workplace Rights & Protections
At-will employment, discrimination, wages, harassment, and retaliation protections under Hawaii law.
An employment law claim — whether it involves discrimination, wage theft, wrongful termination, or retaliation — typically follows a complaint-and-investigation process before it ever reaches a courtroom. Most claims must first be filed with the EEOC or a state agency, which investigates and attempts to resolve the matter. If that does not work, the next step is litigation. The strength of your case depends heavily on documentation — what you can prove, and when you reported it.
Key Protections
Hawaii's primary employment protections come from the Hawaii Employment Practices Law §378:2, which prohibits workplace discrimination based on race, sex, sexual orientation, gender identity/expression, age, religion, color, ancestry, disability, marital status, arrest/court record, domestic or sexual violence victim status — applies to employers with 1+ employees; one of the broadest sets of protected classes in the us.
At-Will Exceptions
Recognizes public policy exception and implied contract exception; Hawaii courts broadly construe employee protections §378:1.
Wages and Compensation
| Hawaii Law | |
|---|---|
| Minimum Wage | $14.00/hr (effective January 1, 2024, with scheduled increase to $18.00/hr by 2028) §387:2 |
| Overtime | Hawaii follows federal FLSA overtime rules: 1.5x regular rate for hours over 40 in a workweek; no separate state daily overtime requirement §387:3 |
| Wage Payment | Employers must pay wages at least twice a month on designated paydays; wages must be paid within 7 days of the end of the pay period §388:2 |
| Final Paycheck | If fired, final wages due immediately or next business day; if employee quits, due on the next regular payday §388:2 |
Ready to Talk to a Lawyer?
Submit a short intake form and a participating Hawaii attorney who handles this type of matter may reach out to you. No commitment required.
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- 180 days to file with the Hawaii Civil Rights Commission
- $14.00/hr (effective January 1, 2024, with scheduled increase to $18.00/hr by 2028)