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?

Effective January 1, 2016, the minimum wage in Hawaii is $8.50 per hour, which is greater than the federal minimum wage of $7.25 per hour. On January 1, 2017, the state minimum wage will increase to $9.25 per hour then to $10.10 per hour on January 1, 2018.

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 $7.25. 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 Wage Standards Division.  Information on the process is available at the state Wage Hour Division website. 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

830 Punchbowl Street
Room 340 
Honolulu, Hawaii  96813 
Phone: (808) 586-8777

State Building
3060 Eiwa Street
Room 202
Lihue, Hawaii  96766
Phone:  (808) 274-3351

State Building #2
2264 Aupuni Street
Room 106
Wailuku, Hawaii  96793
Phone:  (808) 243-5322

State Building
75 Aupuni Street, Room 108
Hilo, Hawaii  96720
Phone:  (808) 974-6464

West Hawaii
Post Office Building
81-990 Halekii Street, Room 2087
Mailing:  P. O. Box 49
Kealakekua, Hawaii  96750
Phone:  (808) 322-4808