State Compliance Guide

Hawaii Employment Law Deadlines & Compliance 2026

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Required policies, penalty exposures, cost breakdown, and FAQ — cite-checked against state statute.

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Hawaii Employment Law At a Glance

Key compliance facts for Hawaii employers, drawn from primary statutory citations. For the full handbook-grade guide with required policies, penalty schedules, and FAQ, upgrade to a DocBird Pro handbook.

At-Will Status

At-will employment

2 exceptions
  • Promissory estoppel / implied contract: Hawaii courts have found that clear and definite promises of continued employment made by employers — whether in handbooks, offer letters, or oral statements — can create enforceable obligations when an employee detrimentally relies on those promises. Courts examine the specificity of the promise and the reasonableness of the employee's reliance to determine if at-will status has been modified.
  • Public policy exception: Hawaii recognizes wrongful discharge claims based on violation of clear public policies rooted in the Hawaii Constitution, statutes, and judicial decisions. Protected conduct includes exercising rights under Hawaii employment statutes, reporting OSHA violations, refusing to commit criminal acts, and exercising rights under workers' compensation or whistleblower protection laws.

Minimum Wage

$14.00/hr (eff. 2024-01-01)

Hawaii minimum wage reached $14.00 per hour on January 1, 2024, with a further increase to $16.00 per hour scheduled for January 1, 2026 under Act 114 (2022). A tip credit of $0.75 per hour applies to employees in certain service occupations who receive more than $7.00 per month in tips, subject to strict conditions. Employers must ensure total compensation equals or exceeds the minimum wage after the tip credit.

Paid Sick Leave

No state mandate

Bereavement Leave Law

No state mandate

Key Hawaii Employment Statutes

HRS § 387-1

Hawaii Minimum Wage Law

Establishes the statewide minimum wage with scheduled increases through 2028. Hawaii allows an employer to pay 85% of the minimum wage to employees under age 20 for the first 90 days of employment. The Hawaii Department of Labor and Industrial Relations (DLIR) enforces violations; employees may recover unpaid wages plus an equal amount in liquidated damages in civil court. Wage records must be maintained for six years.

HRS § 378-2

Hawaii Employment Practices Act

Prohibits employment discrimination based on race, sex, age, religion, color, ancestry, disability, marital status, arrest and court record, sexual orientation, gender identity and expression, genetic information, and domestic or sexual violence victim status. Applies to employers with one or more employees — one of the broadest coverages in the nation. The Hawaii Civil Rights Commission (HCRC) investigates complaints; employees must file within 180 days of the discriminatory act. Remedies include reinstatement, back pay, and compensatory damages.

HRS § 392

Hawaii Temporary Disability Insurance (TDI)

Requires all Hawaii employers with one or more employees to provide temporary disability insurance for non-work-related illnesses and injuries. Employers may obtain coverage through a private insurance carrier, an approved self-insured plan, or the state TDI plan. Benefits equal 58% of the employee's average weekly wage, up to a weekly maximum set annually by the DLIR, for up to 26 weeks per disability period. Employees contribute up to 0.5% of weekly wages toward the cost.

HRS § 398-1

Hawaii Family Leave Law (HFLL)

Requires employers with 100 or more employees to provide up to four weeks of unpaid family leave per year for the birth or adoption of a child or for the serious health condition of a child, spouse, reciprocal beneficiary, or parent. Unlike federal FMLA (which requires 50+ employees), HFLL's 100-employee threshold means smaller employers are exempt. Retaliation against employees for taking HFLL leave is prohibited; the DLIR investigates complaints.

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