Hawaii employment rules for employers
Last verified Sep 24, 2026 · 9 verified rules · How we verify every rule
General information, not legal advice. 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. Every rule on this page links to its official source.
Minimum wage
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))
What is the minimum wage?$16.00 per hourVerified Sep 24, 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”
Used in: How to hire your first employee
Paydays
How often do you have to pay?Semi-monthlyVerified Sep 24, 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.”
Used in: How to hire your first employee
Meal breaks
Do adult employees get a meal break?No state ruleVerified Sep 24, 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 24, 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.”
“There is no law that requires rest or meal breaks for other employees.”
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.”
“paid wages in full at the time of discharge or no later than the next working day;”
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 not verified yet. Check the official source.
Final paycheck laws by state · Final paycheck date calculator
Used in: How to fire an employee in your state · Employee no call, no show: what to do · An employee resigned: what to do next
Unused vacation (PTO) at separation
Do you have to pay out unused vacation when someone leaves?Not verified yetCheck the official source
We have not verified this rule for Hawaii yet. Check the official source: labor.hawaii.gov.
Used in: How to fire an employee in your state · An employee resigned: what to do next
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,”
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: not verified yet (check the 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))
“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.””
“of termination in violation of public policy, recognized by the Hawaii Supreme Court in Parnar v. Americana Hotels, Inc., 65 Haw. 370, 652 P.2d 625 (1982).”
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))
“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.’””
“the Hawai`i Supreme Court also recognized that “the previously unfettered right of employers to discharge employees ‘can be contractually modified”
Good faith and fair dealing exception: recognized?Not verified yetCheck the official source
We have not verified this rule for Hawaii yet. Check the official source: govinfo.gov.
Used in: How to write up an employee (the right way, in your state) · How to put an employee on a performance improvement plan · Employee no call, no show: what to do · Insubordination: what counts, and how to handle it
Service letter (reason for termination)
Do you have to give a written reason for the termination on request?Not verified yetCheck the official source
We have not verified this rule for Hawaii yet. Check the official source: labor.hawaii.gov.
Used in: How to write up an employee (the right way, in your state) · How to fire an employee in your state
Separation notice
Do you have to give a separation notice when someone leaves?Not verified yetCheck the official source
We have not verified this rule for Hawaii yet. Check the official source: labor.hawaii.gov.
Used in: How to fire an employee in your state
Final pay after firing, neighbors
Hawaii has no land borders; the table compares it with California, Oregon, Washington.
| State | Final pay after firing |
|---|---|
| Hawaii | Next business day |
| California | Immediately |
| Oregon | Next business day |
| Washington | Next regular payday |
Only verified rules are shown. "Not verified" means we have not checked that state's rule yet; open its rulebook for the official source.
What an employee costs in Hawaii
Beyond the salary, an employer pays these payroll taxes on each employee. Rates for 2026, from official sources:
- Social Security: 6.2% of wages, up to $184,500 per employee in 2026 (Publication 15).
- Medicare: 1.45% of all wages, with no wage base limit (Topic 751).
- Federal unemployment (FUTA): 6.0% of the first $7,000 of each employee's wages, with a credit of up to 5.4% for state unemployment taxes paid, so usually 0.6% (Topic 759).
- FUTA credit reduction: Hawaii is not on the DOL list for 2025 (final) or 2026 (potential), so the full 5.4% credit is available if state unemployment taxes are paid in full and on time (U.S. DOL, FUTA credit reductions; Topic 759).
- Hawaii unemployment insurance: taxes apply to the first $64,500 of each employee's wages. Rates for experience-rated employers run from 0.00% to 5.60%; the new-employer base rate is 2.40%. Source: U.S. DOL, Significant Provisions of State UI Laws, effective July 2026, page 2. The DOL notes that higher rates may apply by industry and that the table "is not an official interpretation of state UI laws". Find the Hawaii unemployment agency.
A worked example: $40,000 salary
Estimate, before benefits and workers' comp; check with your payroll provider. It assumes a new employer, a full year of wages and the full FUTA credit.
| Tax on a $40,000 salary | Per year |
|---|---|
| Social Security, 6.2% (Topic 751) | $2,480 |
| Medicare, 1.45% (Topic 751) | $580 |
| Federal unemployment (FUTA), 0.6% of the first $7,000 (Topic 759) | $42 |
| Hawaii unemployment insurance, new-employer rate 2.40% of the first $64,500 (DOL, July 2026) | $960 |
| Estimated total employer taxes | $4,062 |
Estimate: $4,062 is about 10.2% on top of the salary. It leaves out health insurance, retirement contributions, workers' compensation, state disability or paid leave programs and any local taxes.
Federal wage enforcement in Hawaii
In FY2021 to FY2025, the U.S. Department of Labor's Wage and Hour Division concluded 293 cases in Hawaii (n = 293), finding $7,244,425 in back wages owed to 4,094 employees (DOL enforcement data). Enforcement data is not a violation rate: it shows where federal investigators looked, and many states handle wage claims through their own agencies. Wage violations by industry.
Changes coming in 2027
We have not found an announced 2027 change for Hawaii employers in official sources yet. All 2027 changes by state.
Changelog
- Sep 24, 2026: first verified, 9 rules.
Questions about Hawaii employer rules
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 (21)
- 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)
- IRS Publication 15 (2026), Circular E, Employer's Tax Guide
- IRS Topic no. 751, Social Security and Medicare withholding rates
- IRS Topic no. 759, Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return
- U.S. DOL, Employment and Training Administration: FUTA credit reductions
- U.S. DOL, Office of Unemployment Insurance: Significant Provisions of State Unemployment Insurance Laws, effective July 2026
- U.S. Department of Labor: State labor offices
Checked Sep 24, 2026 · How we verify every rule · Report an error