The Hawaii Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. While the federal minimum wage is a baseline, Hawaii has adopted a significantly higher state rate.

$16.00 per hour (Effective January 1, 2026)

Local Minimum Wages: In Hawaii, the minimum wage is set at the state level; therefore, the rate is the same across all cities and counties (e.g., Honolulu, Maui, Kauai).

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Tipped minimum wage is the lowest hourly pay rate employers are legally obligated to pay employees who earn a significant portion of their income through tips. 

Hawaii allows employers to pay a lower hourly cash wage to employees who customarily and regularly receive tips, but only if strict income thresholds are met.

Cash Wage Rate

• $14.75 per hour (effective January 1, 2026)

Tip Credit Limit (“$7.00 Rule”)

Employers may take a maximum tip credit of $1.25 per hour only if the employee’s average hourly compensation, including cash wages and tips, equals at least $7.00 more than the applicable minimum wage.

Required Earnings Threshold

• $16.00 (Hawaii minimum wage)

  • $7.00

• = $23.00 per hour (average)

Compliance Requirement

If an employee’s combined cash wages and tips do not average at least $23.00 per hour over the workweek or pay period, the employer may not apply the tip credit and must pay the full $16.00 minimum wage for all hours worked.

Hawaii’s overtime laws largely follow the federal Fair Labor Standards Act (FLSA) but include specific state provisions for public works.

• Standard Rule: Employers must pay overtime (1.5 times the regular rate) for all hours worked in excess of 40 hours in a workweek.
  

• Daily Overtime: Hours worked in excess of 8 hours a day are generally not considered overtime, except when work is performed on a State or county public works construction project.

Minors (14–15): Employers must provide a meal period of at least 30 minutes to minors aged 14 or 15 who work more than 5 consecutive hours.

Adults (16+): Hawaii law does not require employers to provide meal periods or rest breaks to employees 16 years of age or older.

Pay Rules: If an employer chooses to offer breaks:

• Rest Breaks: Breaks lasting roughly 20 minutes or less must be paid and counted as work time.

• Meal Periods: Bona fide meal periods (typically 30 minutes or more) need not be paid, provided the employee is completely relieved of all duties.

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Vacation Leave

Requirement: Hawaii law does not require private employers to provide paid or unpaid vacation leave.

Policy Control: Employers may offer vacation leave at their discretion. If provided, the terms of accrual, usage, and payout are governed by the employer’s written policy or employment agreement.

Sick Leave

Requirement: Hawaii law does not require private employers to provide paid sick leave.

Usage Rule (Family Leave): If an employer chooses to provide paid sick leave, the Hawaii Family Leave Law (HFLL) requires the employer to allow employees to use up to 10 days of accrued and available paid sick leave per year for family leave purposes, such as caring for a child, spouse, or parent with a serious health condition.

Family Leave (State Mandate)

Coverage: Applies to employers with 100 or more employees.

Benefit: Eligible employees (those who have worked at least six consecutive months) are entitled to up to four weeks of unpaid, job-protected leave per calendar year for:

• The birth or adoption of a child, or

• Caring for a family member with a serious health condition.

Interaction with Federal Law: HFLL leave runs concurrently with the federal Family and Medical Leave Act (FMLA) where both apply.

Holidays

Requirement: Hawaii law does not require private employers to provide paid or unpaid holiday leave or to close their business on holidays.

Pay Rate: Employers are not required to pay a premium rate (such as time-and-a-half) for work performed on a holiday unless required by a company policy or collective bargaining agreement.

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Ages 14–15: Must obtain a Certificate of Employment (CL-1) before starting work. A new certificate is required for each employer.

Ages 16–17: Must obtain a Certificate of Age (eCL-3), valid for any employer until the minor turns 18. Employers must verify the minor’s identity and date of birth using acceptable proof of age and retain the certificate number in their records.

Hours & Restrictions for Ages 14–15

When School Is in Session:

• Max 3 hours/day on school days

• Max 18 hours/week

When School Is Not in Session:

• Max 8 hours/day

• Max 40 hours/week

Permitted Work Hours:

• 7:00 a.m. – 7:00 p.m. on school days or days followed by a school day

• 6:00 a.m. – 9:00 p.m. on non-school days or days not followed by school (e.g., Saturdays, holidays)

Additional Rules:

• Must receive a 30-minute unpaid break after 5 consecutive work hours

• May not work more than 6 consecutive days

Ages 16–17

With a valid Certificate of Age, minors may work without daily or weekly hour limits, provided they do not work during hours when they are legally required to attend school.

Acceptable Proof of Age

Acceptable documents include:

• Birth certificate

• Hawaii driver’s license or instruction permit

• State of Hawaii ID

• Military ID

• Passport or immigration document (e.g., Alien Registration Card)

• Court, hospital, baptismal, or official school record

Note: School ID cards are not accepted.

Pay Transparency

• Requirement: Employers with 50 or more employees must disclose an hourly rate or salary range in job listings that reasonably reflects the actual expected compensation.

• Prohibition: Employers are prohibited from discriminating against employees for discussing or disclosing their own wages or the wages of others.

Salary History Ban

• Inquiries: Employers may not ask applicants about their salary history.

• Reliance: Employers may not rely on salary history to set compensation or determine benefits.

Anti-Discrimination Employers may not discriminate in employment on the basis of:

• Race

• Sex (including gender identity/expression and reproductive health decisions)

• Sexual orientation

• Age

• Religion

• Color

• Ancestry

• Disability

• Marital status

• Arrest/court record

• Domestic or sexual violence victim status

• Credit history or credit report (unless a specific exception applies, such as for managerial positions or where required by law).

Volunteer & Service Leave Protections Hawaii law protects employees from adverse actions for lawful service obligations, such as National Guard duty or acting as a volunteer emergency responder during a proclaimed state of emergency, under applicable state leave and reemployment statutes.

At-Will Employment Hawaii is an at-will employment state: employers may terminate employment for lawful reasons that are not discriminatory, retaliatory, or in breach of a specific employment contract.