Hawaii Employment Laws for Employers
Reviewed Sep 27, 2026 9 of 13 rules verified against official sources How we verify
Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use
Final pay and unused vacation
Final paycheck
If you fire someone, when is the last paycheck due?Next business dayVerified Sep 24, 2026 · 2 official pages from the same agency
A discharged employee must be paid all earned wages in full at the time of discharge, or no later than the next working day. (Haw. Rev. Stat. § 388-3(a) (as stated by the Wage Standards Division))
“Under Section 388-3(a), HRS, whenever an employer discharges an employee, the employer is required to pay all earned wages in full at the time of discharge, or not later than the next working day.”
labor.hawaii.gov · labor.hawaii.gov
Put it in writing with the termination letter template for Hawaii.
If an employee quits, when is the last paycheck due?Depends on the caseVerified Sep 24, 2026 · 2 official pages from the same agency
If the employee gives at least one pay period's notice of intention to quit, all wages earned must be paid at the time of quitting (the last day of employment). (Haw. Rev. Stat. § 388-3(b) (as stated by the Wage Standards Division))
“except that if the employee gives at least one pay period’s notice of intention to quit, the employer shall pay all wages earned at the time of quitting.”
“However, if you give your employer one pay period’s notice of your intention to quit, you must be paid on your last day of employment.”
labor.hawaii.gov · labor.hawaii.gov
One more case for this topic is pending verification. Official source.
Pending verification. Not verified for Hawaii yet, so no answer is shown. Each link opens the official source to check.
Wages, paydays and breaks
Minimum wage
What is the minimum wage?$16.00 per hourVerified Sep 27, 2026 · 2 official sources
Hawaii's minimum wage is $16.00 per hour. (State Minimum Wage Laws (U.S. DOL Wage and Hour Division table, updated July 1, 2026))
“Hawaii Basic Minimum Rate (per hour): $16.00”
“$16.00 per hour beginning January 1, 2026; and”
Paydays
How often do you have to pay?Semi-monthlyVerified Sep 27, 2026 · 2 official sources
Hawaii private employers must pay wages at least twice a month (semi-monthly); monthly pay is allowed only by employee election under a special procedure or by exception from the director. (State Payday Requirements (U.S. DOL Wage and Hour Division table, January 1, 2023))
“5 Hawaii. Employees may choose to be paid on a monthly basis under special election procedure. Director of labor and industrial relations also may grant exceptions to the general semi-monthly payday requirement. The payday requirement applies only to private sector employment.”
“Chapter 388, HRS, Payment of Wages and Other Compensation Law, requires employers to pay the earned wages of all employees at least twice a month and within seven days after the end of each pay period.”
Meal breaks
Do adult employees get a meal break?No state ruleVerified Sep 27, 2026 · 2 official sources
No state meal break requirement for adult employees in Hawaii; the only break requirement applies to minors aged fourteen or fifteen. (Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023))
“1/ The following 35 jurisdictions also have separate provisions requiring meal periods specifically for minors (when minors are covered by two provisions, employer must observe the higher standard): Alabama, Alaska, California, Colorado, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Virginia, Washington, West Virginia, Wisconsin, Guam, and Puerto Rico.”
“In Hawaii, the only requirement for breaks is found in the Hawaii Child Labor Law under Section 390-2(c)(3), Hawaii Revised Statutes, which requires that employers provide to minors fourteen or fifteen years of age a thirty minute rest or meal period after five consecutive hours of work. There is no law that requires rest or meal breaks for other employees.”
Rest breaks
Do adult employees get paid rest breaks?No state ruleVerified Sep 27, 2026 · 2 official sources
No state rest break requirement for adult employees in Hawaii. (Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023))
“1 States not listed do not require paid rest periods.”
Same official text as quoted above (see the quote; Hawaii DLIR Wage Standards Division, Breaks: Meal & Rest · labor.hawaii.gov).
Paid sick leave
Do you have to give paid sick leave?No statewide lawVerified Sep 24, 2026 · 2 official pages from the same agency
Hawaii law does not require paid sick leave; employers that provide sick leave must make their policy available in writing or by posted notice. (Hawaii DLIR Wage Standards Division, Vacation and Sick Leave)
“In Hawaii, paid vacation and sick leave is not required by law.”
“Vacation, sick leave and holidays are NOT required by law,”
Ending employment
At-will employment
Yes. Hawaii follows at-will employment, with these exceptions (Du Preez v. Banis, No. 1:14-cv-00171-LEK (D. Haw. Sept. 30, 2015), quoting Shoppe v. Gucci Am., Inc., 94 Hawai`i 368 (2000), and Kinoshita v. Canadian Pac. Airlines, 68 Haw. 594, 601 (1986)):
- Public policy: Recognized (Order, No. 1:11-cv-00326 (D. Haw.), citing Parnar v. Americana Hotels, Inc., 652 P.2d 625, 631 (Haw. 1982))
- Implied contract: Recognized (Du Preez v. Banis, No. 1:14-cv-00171-LEK (D. Haw. Sept. 30, 2015), quoting Shoppe v. Gucci Am., Inc., 94 Hawai`i 368 (2000), and Kinoshita v. Canadian Pac. Airlines, 68 Haw. 594, 601 (1986))
- Good faith and fair dealing: pending verification (official source)
Public policy exception: recognized?RecognizedVerified Sep 24, 2026 · 2 official pages from the same agency
Hawaii recognizes a common-law claim for at-will employees fired in violation of a clear mandate of public policy (a Parnar claim, from Parnar v. Americana Hotels). (Order, No. 1:11-cv-00326 (D. Haw.), citing Parnar v. Americana Hotels, Inc., 652 P.2d 625, 631 (Haw. 1982); Chan v. Wells Fargo, No. 1:14-cv-00344 (D. Haw.), citing Parnar v. Americana Hotels, Inc., 65 Haw. 370, 652 P.2d 625 (1982))
“Hawaii common law provides a cause of action for at-will employees who are wrongfully discharged in violation of a “clear mandate of public policy.””
“Parnar adopted the “public policy exception” to the at-will employment doctrine: Because the courts are a proper forum for modification of the judicially created at-will doctrine, it is appropriate that we correct inequities resulting from harsh application of the doctrine by recognizing its inapplicability in a narrow class of cases.”
Implied contract exception: recognized?RecognizedVerified Sep 24, 2026 · 2 official pages from the same agency
In Hawaii the employer's right to fire at will can be contractually modified by statements in employee policy manuals or handbooks (Kinoshita v. Canadian Pacific Airlines). (Du Preez v. Banis, No. 1:14-cv-00171-LEK (D. Haw. Sept. 30, 2015), quoting Shoppe v. Gucci Am., Inc., 94 Hawai`i 368 (2000), and Kinoshita v. Canadian Pac. Airlines, 68 Haw. 594, 601 (1986); Order, No. 1:14-cv-00155-LEK-KJM (D. Haw. Jan. 29, 2016), quoting Shoppe v. Gucci Am., Inc., 94 Hawai`i 368, 383 (2000))
“However, the Hawai`i Supreme Court also recognized that “the previously unfettered right of employers to discharge employees ‘can be contractually modified and, thus, qualified by statements contained in employee policy manuals or handbooks issued by employers to their employees.’””
Same official text as quoted above (see the quote; Order, No. 1:14-cv-00155-LEK-KJM (D. Haw. Jan. 29, 2016), quoting Shoppe v. Gucci Am., Inc., 94 Hawai`i 368, 383 (2000) · govinfo.gov).
Hawaii and its neighbors
Hawaii has no land borders; the table compares it with California, Oregon, Washington.
| State | Final pay after firing | Final pay after quitting | Minimum wage | Paid sick leave |
|---|---|---|---|---|
| Hawaii | Next business day | Depends on the case | $16.00 per hour | No statewide law |
| California | Immediately | Depends on the case | $16.90 per hour | Yes, statewide |
| Oregon | Next business day | Depends on the case | $14.55 to $16.80 per hour (depends on the case) | Yes, statewide |
| Washington | Next regular payday | Next regular payday | $17.13 per hour | Yes, statewide |
Verified rules only; open a state for its sources.
What an employee costs in Hawaii
Every employer pays Social Security 6.2% (Publication 15), Medicare 1.45% (Topic 751) and FUTA (Topic 759). Hawaii adds its unemployment insurance tax:
| Hawaii payroll tax, 2026 | Amount |
|---|---|
| Taxable wage base per employee | $64,500 |
| Rates for experience-rated employers | 0.00% to 5.60% |
| New-employer rate | 2.40% |
| FUTA credit reduction | None for 2025 or 2026 |
| Estimated employer taxes on a $40,000 salary | $4,062 (10.2%) |
Of the $4,062, $960 is Hawaii unemployment insurance tax (2.40% on the first $40,000 of wages) and $3,102 is federal tax.
The estimate counts FUTA at 0.6% of the first $7,000 ($42 per employee), which assumes the full FUTA credit (Topic 759).
Estimate for a new employer and a full year; check with your payroll provider. Sources: U.S. DOL, State UI Laws, July 2026, page 2; U.S. DOL, FUTA credit reductions.
Federal wage enforcement in Hawaii
In FY2021 to FY2025, the federal Wage and Hour Division concluded 293 cases in Hawaii (n = 293), 254 with violations, finding $7,244,425 in back wages owed to 4,094 employees and assessing $1,335,065 in civil money penalties (DOL enforcement data). Overtime back wages were part of 57.1% of the violation cases. OSHA opened 2,718 inspections in the same years (OSHA data). Enforcement data is not a violation rate: it shows where federal investigators looked. Wage violations by industry.
Hawaii runs its own OSHA-approved State Plan that covers private employers, so workplace safety rules for most private workplaces in Hawaii are enforced by the state program rather than by federal OSHA (OSHA: State Plans).
Changelog
- Sep 24, 2026: first verified, 9 rules.
Questions about Hawaii employment laws
What is the minimum wage in Hawaii?
Hawaii's minimum wage is $16.00 per hour. (State Minimum Wage Laws (U.S. DOL Wage and Hour Division table, updated July 1, 2026))
Is Hawaii an at-will state?
Yes. Hawaii follows at-will employment, with exceptions. Of the 3 common exceptions, we have verified 2, and 2 are recognized in Hawaii (Du Preez v. Banis, No. 1:14-cv-00171-LEK (D. Haw. Sept. 30, 2015), quoting Shoppe v. Gucci Am., Inc., 94 Hawai`i 368 (2000), and Kinoshita v. Canadian Pac. Airlines, 68 Haw. 594, 601 (1986)).
When is the final paycheck due after firing someone in Hawaii?
A discharged employee must be paid all earned wages in full at the time of discharge, or no later than the next working day. (Haw. Rev. Stat. § 388-3(a) (as stated by the Wage Standards Division))
Sources (16)
- State Minimum Wage Laws (U.S. DOL Wage and Hour Division table, updated July 1, 2026)
- Hawaii DLIR Wage Standards Division, Minimum Wage and Overtime (Chapter 387, HRS)
- State Payday Requirements (U.S. DOL Wage and Hour Division table, January 1, 2023)
- Hawaii DLIR Wage Standards Division (Chapter 388, HRS, Payment of Wages and Other Compensation Law)
- Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023)
- Hawaii DLIR Wage Standards Division, Breaks: Meal & Rest
- Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023)
- Haw. Rev. Stat. § 388-3(a) (as stated by the Wage Standards Division)
- Hawaii DLIR Wage and Hour Law poster (2024)
- Hawaii DLIR Wage Standards Division, Vacation and Sick Leave
- Hawaii DLIR Wage Standards Division, What Domestic Workers Should Know (rev. Oct 2013)
- Du Preez v. Banis, No. 1:14-cv-00171-LEK (D. Haw. Sept. 30, 2015), quoting Shoppe v. Gucci Am., Inc., 94 Hawai`i 368 (2000), and Kinoshita v. Canadian Pac. Airlines, 68 Haw. 594, 601 (1986)
- Order, No. 1:14-cv-00155-LEK-KJM (D. Haw. Jan. 29, 2016), quoting Shoppe v. Gucci Am., Inc., 94 Hawai`i 368, 383 (2000)
- Order, No. 1:11-cv-00326 (D. Haw.), citing Parnar v. Americana Hotels, Inc., 652 P.2d 625, 631 (Haw. 1982)
- Chan v. Wells Fargo, No. 1:14-cv-00344 (D. Haw.), citing Parnar v. Americana Hotels, Inc., 65 Haw. 370, 652 P.2d 625 (1982)
- U.S. Department of Labor: State labor offices
Checked Sep 27, 2026 · How we verify every rule · Report an error
General information, not legal advice. Not a substitute for the advice of an attorney. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Report an error