Filing a Wage and Hour Claim – Hawaii

Does Hawaii have state overtime laws that are different from federal law?

Under Hawaii law, employers in the private sector must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than forty hours in one week.

Some employees are exempt from the overtime requirement. Employees earning more than $2,000 per month on a salary basis or engaged in executive, administrative, supervisory, agricultural or professional activities are exempt from the overtime requirement.

Does Hawaii have a minimum wage that is different from federal law?

The current minimum wage in Hawaii is $7.25 per hour, which is equal to the federal minimum wage.

Employers cannot decrease the minimum wage by the cost to provide uniforms that are primarily for the convenience of the employer. Employers, however, can use tips and gratuities to reduce the minimum wage required to $7.00. Employers can also deduct the reasonable cost of providing board, lodging or other facilities from the minimum wage.

The following employees may be paid at a rate below the minimum wage:

Student learners
Student workers
Disabled workers
Paroled wards

Employees earning more than $2,000 per month on a salary basis or engaged in executive, administrative, supervisory or professional activities are exempt from the minimum wage requirement.

Does Hawaii have meal and rest break requirements, unlike federal law?

Hawaii does not have any meal or rest break requirements.

How do I file a wage/hour or labor standards claim in Hawaii?

You can file a wage claim with a local office of the Department of Labor and Industrial Relations (DLIR). This can be done by filling out a Complaint form available at http://www.hawaii.gov/labor/forms/WSD-1.387-388_herman.pdf. The filing should include as much information and documentation as possible. This process can be completed with or without an attorney.

What are my time deadlines?

If you have a wage/hour claim, do not delay in contacting the DLIR to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file with six years from the date that the claim arose.

As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim.

How can I or my attorney pursue a claim in court in Hawaii?

In Hawaii, an employee can file a private lawsuit to recover unpaid wages, civil penalties, attorney’s costs and fees.

State Labor Agency (DLIR)

Hilo
State Building, Rm. 108,
Hilo, HI 96720
Ph: 808-974-6464

Oahu
Princess Keelikolani Building
830 Punchbowl Street
Rm. 110,
Honolulu, HI 96813
Ph: 808-586-8970

Kauai
3-3100 Kuhio Hwy Suite 12,
Lihue, HI 96766
Phone: 808-274-3043

West Hawaii
Post Office Building,
P.O. Box 49,
Kealakekua, HI 96750
Phone: 808-322-4808

Maui
2264 Aupuni Street,
Wailuku, HI 96793
Phone: 808-984-2075

This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.