Tacoma, Washington Employment Lawyer

5224 Olympic Drive
Suite 110
Gig Harbor, WA 98335
Phone: 253-858-6601
Fax: 253-858-6603

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 40 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, 2018, the minimum wage in Hawaii is $10.10 per hour, which is greater than the federal minimum wage of $7.25 per hour.

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 $9.35. Employers can also deduct the reasonable cost of providing board, lodging or other facilities from the minimum wage. Wages and tips together must equal at least $7.00 more than minimum wage, or $14.25 per hour. 

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. 

Do any cities or counties in Hawaii have a minimum wage that is different from state or federal law?

No cities or counties in Hawaii currently have a minimum wage different from the state minimum of $10.10 per hour.

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

Hawaii does not have any meal or rest break requirements for employees aged 18 or older. However, Florida requires that minor employees ages 17 or younger must be given a break of at least 30 minutes for every five hours consecutively worked.

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 Standards 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 Department 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. It may be helpful to consult with an attorney prior to filing your claim, but 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, and attorney's costs and fees. In the event that the employer willfully violated the law, liquidated damages may also be recovered.

State Labor Agency

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

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

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

Hilo
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

 

Terry A. Venneberg Weekly Weekly

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Domestic Violence and the Workplace

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Thought for the Week

"Domestic violence and sexual assault walk in the doors of each and every workplace every day here in the United States. Domestic violence robs our employees of their dignity and their health, and these issues hide in darkness until we bring them into the light."

–Kim Wells | Executive director of the Corporate Alliance to End Partner Violence

List of the Week

from Society for Human Resource Management (SHRM)

Domestic Violence & The Workplace

  • One in every four women and one in 10 men will experience domestic violence in their lifetime
  • The Department of Labor reports that victims of domestic violence lose nearly 8 million days of paid work per year in the U.S., resulting in a $1.8 billion loss in productivity for employers.
  • An estimated 1.3 million women are victims of physical assault by an intimate partner each year and that 85% of domestic violence victims are women.
  • 21% of full-time employed adults said they were victims of domestic violence and 74% of that group said they’ve been harassed at work.
  • 65% of companies don’t have a formal workplace domestic violence prevention policy, according to research conducted by the.

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