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Hawaii Employment Law: Wages, Final Pay, Breaks and Your Rights at Work

Hawaii employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.

Quick answers for Hawaii

Minimum wage
$16.00 per hour, effective January 1, 2026. HRS § 387-2(a); Hawaii Wage Standards Division, Minimum Wage
Final paycheck if fired or laid off
In full at the time of discharge, or, if immediate payment is not possible, no later than the next working day. HRS § 388-3(a)
Meal and rest breaks
No state requirement for adults. Hawaii's break rules apply only to minors. U.S. Department of Labor state meal period table
Unused vacation / PTO payout
Not required by statute; it depends on the employer's policy. Employers must give employees their vacation and sick leave policies in writing or by posted notice. HRS § 388-7(3); case note to HRS § 388-3 (108 Haw. 411 (2005))

Last verified: 2026-10-26

Pay

Minimum wage$16.00 per hour, effective January 1, 2026.
Scheduled increase: $18.00 per hour on January 1, 2028. No change is scheduled for January 1, 2027.
Source: HRS § 387-2(a); Hawaii Wage Standards Division, Minimum Wage
Tipped minimum wageEmployers may pay tipped employees up to $1.25 per hour below the minimum wage ($14.75 per hour in 2026), but only if the employee's wages plus tips total at least $7.00 more than the minimum wage.
Scheduled change: the maximum tip credit rises to $1.50 per hour on January 1, 2028.
Source: HRS § 387-2(b)
OvertimeTime-and-a-half after 40 hours in a workweek. No general daily overtime rule (daily overtime applies on state and county public construction projects).
Source: HRS § 387-3; Hawaii Wage Standards Division
How often you must be paidAt least twice a month on regular paydays set in advance, with wages due within 7 days after the pay period ends. Employees may vote by secret ballot to be paid monthly, and the director may approve less frequent paydays (at least monthly) for good reason.
Source: HRS § 388-2
Pay stubsRequired every payday: a record showing total gross pay, the amount and purpose of each deduction, net pay, payment date, and the pay period covered. An electronic record is allowed with the employee's written authorization. Employers must also tell new hires in writing the pay rate and the day, time and place of payment.
Source: HRS § 388-7

Breaks and leave

Meal and rest breaksNo state requirement for adults. Hawaii's break rules apply only to minors.
Source: U.S. Department of Labor state meal period table

Leaving a job

Final paycheck if fired or laid offIn full at the time of discharge, or, if immediate payment is not possible, no later than the next working day.
Temporarily laid-off employees must be paid by the next regular payday (HRS § 388-3(c)).
Source: HRS § 388-3(a)
Final paycheck if you quitBy the next regular payday (by mail if the employee asks). If the employee gave at least one pay period's notice, all wages are due at the time of quitting.
Source: HRS § 388-3(b)
Unused vacation / PTO payoutNot required by statute; it depends on the employer's policy. Employers must give employees their vacation and sick leave policies in writing or by posted notice. Hawaii courts have held that unused vacation pay is not 'wages' under the wage payment law.
Source: HRS § 388-7(3); case note to HRS § 388-3 (108 Haw. 411 (2005))
Unemployment benefitsFile a claim online with the DLIR Unemployment Insurance Division at huiclaims.hawaii.gov. UI Call Center: (808) 762-5752 or (833) 901-2272.
Source: Hawaii DLIR, Unemployment Insurance Division

Firing, retaliation and discrimination

Whistleblower and retaliation protectionThe Hawaii Whistleblowers' Protection Act bars employers from firing, threatening or discriminating against an employee who reports, or is about to report, a suspected violation of law or of a government contract to the employer or a public body, or who is asked by a public body to take part in an investigation, hearing or court action.
Source: HRS § 378-62
Job discrimination complaintsHawaii Civil Rights Commission (HCRC). State law covers employers with one or more employees. Since May 28, 2026 (Act 56), complaints may be filed within one year of the discriminatory act (or of its last occurrence, for an ongoing pattern).
Employer definition: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0378/HRS_0378-0001.htm
Source: HRS § 378-1; Act 56 (2026); Hawaii Civil Rights Commission
Non-compete agreementsNon-compete and non-solicit clauses are banned in employment contracts for employees of technology businesses. For other employees, non-competes are governed by Hawaii's general restraint-of-trade law.
Source: HRS § 480-4(d)

Where to get help in Hawaii

Employment Law FAQ

What is the minimum wage in Hawaii?
$16.00 per hour, effective January 1, 2026.
What is the tipped minimum wage in Hawaii?
Employers may pay tipped employees up to $1.25 per hour below the minimum wage ($14.75 per hour in 2026), but only if the employee's wages plus tips total at least $7.00 more than the minimum wage.
What are the overtime rules in Hawaii?
Time-and-a-half after 40 hours in a workweek. No general daily overtime rule (daily overtime applies on state and county public construction projects).
Are breaks required by law in Hawaii?
No state requirement for adults. Hawaii's break rules apply only to minors.
When do I get my final paycheck if I'm fired in Hawaii?
In full at the time of discharge, or, if immediate payment is not possible, no later than the next working day.
When do I get my final paycheck if I quit in Hawaii?
By the next regular payday (by mail if the employee asks). If the employee gave at least one pay period's notice, all wages are due at the time of quitting.
Does an employer have to pay out unused PTO in Hawaii?
Not required by statute; it depends on the employer's policy. Employers must give employees their vacation and sick leave policies in writing or by posted notice. Hawaii courts have held that unused vacation pay is not 'wages' under the wage payment law.
How often must employees be paid in Hawaii?
At least twice a month on regular paydays set in advance, with wages due within 7 days after the pay period ends. Employees may vote by secret ballot to be paid monthly, and the director may approve less frequent paydays (at least monthly) for good reason.
Do employers have to give pay stubs in Hawaii?
Required every payday: a record showing total gross pay, the amount and purpose of each deduction, net pay, payment date, and the pay period covered. An electronic record is allowed with the employee's written authorization. Employers must also tell new hires in writing the pay rate and the day, time and place of payment.
Is it illegal to fire someone for reporting a violation in Hawaii?
The Hawaii Whistleblowers' Protection Act bars employers from firing, threatening or discriminating against an employee who reports, or is about to report, a suspected violation of law or of a government contract to the employer or a public body, or who is asked by a public body to take part in an investigation, hearing or court action.
Where do I file a job discrimination complaint in Hawaii?
Hawaii Civil Rights Commission (HCRC). State law covers employers with one or more employees. Since May 28, 2026 (Act 56), complaints may be filed within one year of the discriminatory act (or of its last occurrence, for an ongoing pattern).
Are non-compete agreements enforceable in Hawaii?
Non-compete and non-solicit clauses are banned in employment contracts for employees of technology businesses. For other employees, non-competes are governed by Hawaii's general restraint-of-trade law.
How do I apply for unemployment in Hawaii?
File a claim online with the DLIR Unemployment Insurance Division at huiclaims.hawaii.gov. UI Call Center: (808) 762-5752 or (833) 901-2272.

Employment Law in other states

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.