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Women are
16%
more likely to
live in poverty
than white men in
Hawaii
Single-woman led households are at the
highest risk
of poverty in
Hawaii
In
Hawaii
, women earn
$0.61
for every dollar a white man makes
Women in
Hawaii
are
69%
more likely to earn
minimum wage
than white men
Women in
Hawaii
are
28%
more likely to earn a
tipped wage
than white men
In
Hawaii
, at least
60%
of women are essential to the financial security of their household
Generally, Hawaii law requires equal pay for substantially similar work based on protected categories under Hawaiian anti-discrimination law, including race, sex, gender identity or expression, sexual orientation, age, religion, disability, and marital status.[1]
· Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on: seniority system; merit system; a system that measures earnings by quantity or quality of production; bona fide occupational qualification; and/or difference based on any other permissible factor other than a protected category.[2]
· Retaliation: An employer cannot discharge, expel, or otherwise discriminate against an employee for opposing unequal pay, filing a complaint, or assisting or testifying in a proceeding.[3]
[1] Haw. Rev. Stat. § 378-2.3 (2024).
[2] Haw. Rev. Stat. § 378-2.3 (2024).
[3] Haw. Rev. Stat. § 378-2 (2024).
Yes. The law in Hawaii covers all protected categories, not just gender.[1] It also requires equal pay for “substantially similar” work instead of equal pay for “equal work,” and it slightly narrows the broadest affirmative defense by replacing “any factor other than sex” with any other “permissible” factor.[2]
[1] Haw. Rev. Stat. § 378-2.3 (2024).
[2] Haw. Rev. Stat. § 378-2.3 (2024).
Yes. Under Hawaii’s pay transparency law, employers with 50 or more employees must disclose in job listings an hourly rate or salary range that reasonably reflects the actual expected compensation.[1]
[1] Haw. Rev. Stat. § 378-2.8 (2024).
Yes. In Hawaii, an employer cannot inquire about your salary history or rely on your salary history to determine salary, benefits, or other compensation during the hiring process, including during the negotiation of an employment contract.[1] However, employers can discuss with you your expectations with respect to salary, benefits, and other compensation.[2] If you voluntarily (and without prompting) disclose salary history information during the hiring process, then it can be verified by the employer and considered in determining salary, benefits, and other compensation.[3]
[1] Haw. Rev. Stat. § 378-2.4 (2024).
[2] Id.
[3] Id.
Yes. Hawaii law prevents employers from retaliating or discriminating against an employee for, and prohibiting an employee from, disclosing the employee’s wages, discussing and inquiring about the wages of other employees, or aiding or encouraging other employees to exercise their rights to do so.[1]
[1] Haw. Rev. Stat. § 378-2.3 (2024).
No. Hawaii does not have its own law requiring employers to collect, report, and assess gender-based pay data.
Yes. The minimum wage is above the federal minimum wage.[1] Employers who violate minimum wage requirements are liable for the amount of unpaid wages, and for willful violations employers are liable for an additional equal amount as liquidated damages.[2]
[1] Haw. Rev. Stat. § 387-2 (2024).
[2] Haw. Rev. Stat. § 387-12 (2024).
No. An employer may pay certain tipped workers less than the minimum wage, but only if the tipped wage when combined with earned tips totals $7.00 more than the minimum wage.[1]
[1] Haw. Rev. Stat. § 387-2 (2024); see also Notice to Employees: Tip Credit Under the Hawaii Wage and Hour Law, State of Haw. (June 2022), https://labor.hawaii.gov/wsd/files/2022/06/Tip_Credit_Notice_with_exhibits_June2022.pdf.
Yes. In Hawaii, all private sector employees must generally be paid at least semimonthly (twice a month).[1] Certain exemptions may apply, for example, employees covered by a collective bargaining agreement can choose to be paid monthly under a special election procedure.[2]
[1] Haw. Rev. Stat. § 388-2 (2024).
[2] Id.
Yes. Under Hawaii law, every employer must provide each employee at every pay period a legible printed, typewritten, or handwritten notice that includes various wage information, including total hours worked, regular overtime hours, straight-time compensation, overtime compensation, other compensation, deductions, gross and net compensation, and applicable rates and bases of pay.[1]
[1] Haw. Rev. Stat. § 387-6 (2024).
Yes. Employers must pay most employees overtime at a rate of pay of at least time and a half for hours worked beyond 40 in a workweek.[1] Unlike federal law, Hawaii’s overtime law also covers agricultural employees, who should receive overtime wages when they work over 48 hours in one workweek.[2]
[1] Haw. Rev. Stat. § 387-3 (2024).
[2] Id.
Yes. In Hawaii, an employer is liable to an employee for unpaid wages, an equal amount, and interest.[1] Wage theft may also be subject to criminal penalties, including fines.[2] Employers are prohibited from retaliating against an employee who reports wage theft and retaliation is similarly subject to fines or imprisonment.[3]
[1] Haw. Rev. Stat. § 388-10 (2024).
[2] Id.
[3] Id.
