Every state has wage and hour laws that protect workers' rights by limiting how many hours can be worked in a day, and by set minimums for hourly pay, weekend pay, and overtime pay. In Hawaii, employers must pay their employees (except for those who are exempted) at least $10.10 per hour and abide by the state's overtime laws unless the employee is guaranteed to make at least $2,000 per month.
In other words, if you work in Hawaii and are guaranteed to make at least $2,000 per month, then the minimum wage and maximum hour laws outlined below aren't applicable to you. The tables below are applicable for most other employees under Hawaii's wage and hour laws.
| Code Section | Hawaii Revised Statutes section 387-2: Minimum Wages |
| What's Required? Â | Employers in Hawaii must pay their employees wages at the rate of at least $10.10 per hour, except if the employee falls under one of the exceptions below. |
| Exceptions  | Tipped Employees: A tipped employee in Hawaii can be paid as little as $8.50 per hour so long as the employee receives at least 50 cents more than Hawaii's minimum wage when the employee's wages and tips are combined. Learners, apprentices, part-time employees who are full-time students, and wards paroled from a youth correctional facility: These employees can be paid at a rate below the state's minimum wage under special certificates issued by the director. Individuals whose earning capacity is impaired by old age or physical or mental deficiency or injury: These employees can be paid less than Hawaii's minimum wage under special certificates issued by the director. |
| Definitions  | Tipped employee: Any employee working in an occupation where the employee customarily and regularly receives more than $20 a month in tips. |
| Penalties | Violating Hawaii's minimum wage is a misdemeanor offense that can be punished by a fine of between $50 and $500, and/or by imprisonment for up to one year. |
| Code Section | Hawaii Revised Statutes section 387-3: Maximum Hours |
| What's Required? Â | Employees may not work more than forty hours in a workweek unless the employee is compensated for the excess hours at a rate of at least one and one-half times the employee's regular hourly rate. |
| Exempt Employers  | An employer who is engage in any of the following industries generally isn't required to pay overtime compensation to an employee during any of 20 different workweeks (selected by the employer) in any one year:
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| Penalties | Violating Hawaii's maximum hours law is a misdemeanor offense that can be punished by a fine of between $50 and $500, and/or by imprisonment for up to one year. |
Additional Resources
Ask a Hawaii Attorney Your Wage and Hour Questions
State laws change frequently and it's critical to have the most up to date information. If you're an employee with case specific information regarding Hawaii's wage and hour laws contact a local employment law lawyer to find out more about your damages and what steps you can take going forward.
