Summary of Hawaii`s compensation and hours laws, which cover things like minimum wage requirements, the maximum number of hours non-exempt workers are allowed to work in a single shift, and rules for meal breaks. Now let`s focus on Hawaii`s break time laws — and the exceptions to those laws. In terms of wages, Hawaii has the following laws, regulations, and restrictions. Unemployment insurance benefits provide income to people who have lost their jobs through no fault of their own. The website for determining EI benefits or reopening an existing claim is uiclaims.hawaii.gov. However, employers may be required to provide paid sick leave in situations where the Family and Medical Leave Act or other legislation takes precedence. Hawaii`s laws and regulations do not require an employer to test for drugs or alcohol. To the extent that an employer wants to subject its employees to a drug test, Hawaiian law dictates how the tests must be performed. Hawaii is a “mandatory” state, meaning that any private employer who wishes to conduct drug and/or alcohol testing on unregulated employees must do so in accordance with the state constitution, laws, regulations, local ordinances, and court decisions.
Hawthorn. §§ 329B-1 to 8. Employers must use accredited testing laboratories. If an employee refuses to submit to a drug and alcohol test, the employer may take adverse action against the employee until the dismissal. You can contact the nearest U.S. Department of Labor office, Wages and Hours Division, for information on federal laws. The Hawaii office can be reached at (808) 541-1361. Hawaii has specific laws regarding when and how certain records must be kept. Thank you for visiting FindLaw`s compilation of Hawaii`s labor laws. State labor laws set minimum wage and wage requirements, and regulate issues such as union membership and organization. This section includes articles on public holidays, unions, and so-called “right to work” laws, and even a discussion of how Hawaii deals with civil rights violations. If, as an employee who has reported fraud or illegal behaviour in the workplace, you apply for legal protection, we also have these laws.
You can also find out how to find a local employment lawyer. Select a link from the list below for detailed information on labor law in the state of Aloha. An overview of Hawaii`s law regarding union formation (and active participation), with an explanation of how state “right to work” laws, which are not in effect in Hawaii, generally work. For more information on hiring and firing procedures, see the Discrimination Laws section below. Employees who are terminated or terminated must receive the last salary at the time of termination in accordance with Hawaii`s compensation and hours laws. Click here for posters on laws not enforced by DLIR under the Fair Labor Standards Act (FLSA) if an employee is subject to both federal and state minimum wage laws – the employee is entitled to the higher minimum wage rate. The official Hawaiian government website says employees can contact the U.S. Department of Labor for more information on federal break laws. Ultimate Guide to Hawaii Labor Law: Minimum Wage, Overtime, Break, Vacation, Hire, Fire, and Various Labor Laws. 3. How many hours per week are considered full-time and how many hours per week are considered part-time? The criteria for the status of full-time and part-time employees are not covered by Hawaii`s wage laws.
The determination of the status of a full-time or part-time employee is at the discretion of the employer. If you work at least 20 hours per week, your employer is required to provide certain benefits under Hawaii`s Prepaid Health Care Act. More information on this law can be found in labor.hawaii.gov/dcd. This summary does not constitute qualified legal advice. Laws are always subject to change and may vary from municipality to municipality. It is up to you to ensure that you comply with all the laws and statutes of your region. If you need additional compliance assistance, we recommend contacting a qualified attorney, checking with your local authorities, or registering with Homebase for help from our certified HR professionals. Employers in Hawaii must comply with all federal immigration laws. Hawaii does not have a law that treats immigration control separately.
E-verify is voluntary for employers in Hawaii. In this final section, we will review some of the additional labour laws that are in the public interest. Please note that this guide was written in Q1 2022, so changes to labor laws that were incorporated later may not be included in this Hawaii labor law guide. Hawaiian laws state that minors under the age of 18 may not work outside of 7 a.m. and 7 p.m., more than 6 consecutive days, more than 18 hours per week, or more than 3 hours per school day. Hiring laws in Hawaii follow the same federal regulations as in the rest of the United States (and as described in the next section below). 9. How do I know if my business falls under federal or state wage and labor time laws (minimum wage and overtime)? Generally, retail or service businesses that bring in more than $500,000 per year are subject to federal legislation. Enterprises whose employees are engaged in interstate commerce, the production of goods for interstate commerce, or the handling or processing of goods from materials moved or manufactured for trade are also subject to federal law. It also depends on whether state law provides for a higher minimum wage or a higher overtime standard than federal law.
Check with the U.S. Department of Labor`s Wages and Hours Division to determine if you fall under the federal Fair Labor Standards Act. You can reach their Honolulu office at (808) 541-1361. Hawaiian laws require employers to pay up to two hours of election break if polling stations are not open for at least two consecutive hours before or after the employee`s shift.