Disclaimer: These materials do not constitute legal advice and should not be substituted for the advice of legal counsel.

Guide last updated August 2025.

At-Will Employment

In Hawaii, the employer/employee relationship is governed by the at-will employment doctrine. Parnar v. Americana Hotels, Inc., 65 Haw. 370, 652 P.2d 625 (1982); Haw. Rev. Stat. § 378-3. This means that either party may terminate the relationship at any time, with or without cause, and with or without notice. Hawaii does, however, recognize some exceptions when a termination violates a clear mandate of public policy grounded in judicial opinions, constitutional law, statutes, and regulations. The Hawaii Whistleblower Protection Act is also an exception to the at-will employment doctrine and provides a cause of action against employers who wrongfully discharge an employee because the employee reports or was about to report the employer for a suspected violation. Haw. Rev. Stat. § 378-62.

Immigration Verification

Hawaii employers are required to comply with all federal immigration laws. Hawaii does not have a law that addresses immigration verification separately. E-Verify is voluntary for employers in Hawaii.

Drug Testing

Hawaii laws and regulations do not require an employer to conduct drug or alcohol testing. To the extent an employer wishes to drug test its employees, Hawaii law does mandate how tests should be conducted. Hawaii is a "mandatory" state, which means any private employer wishing to conduct drug and/or alcohol testing of non-regulated employees must do so according to the state constitution, statutes, regulations, local ordinances, and court decisions that apply. Haw. Rev. Stat. §§ 329B-1 to 8. Employers must use licensed testing laboratories. If an employee fails or refuses to submit to drug and alcohol testing, the employer may take adverse action against the employee up to and including termination of employment.

Jury Duty Leave

An employer may not discharge, penalize, threaten, or otherwise coerce an employee who receives and/or responds to a jury summons, who serves on a jury, or who attends court for prospective jury service. Haw. Rev. Stat. § 612-25. Employers are not required by law to pay an employee on jury duty service; however, jurors are compensated by the court for their service. Haw. Rev. Stat. § 612-8.

Witness Leave

All Hawaii employers must provide leave to employees who serve as witnesses or attend court as prospective witnesses. An employer may not discharge, threaten, or coerce any employee for receiving or responding to a witness summons, serving as a witness, or attending court as a prospective witness. Haw. Rev. Stat. § 621-10.5.

Voting Leave

Hawaii does not currently have a law establishing a right to voting leave. The state repealed its voting leave law in 2020 after shifting to voting by mail for all elections.

Family Leave

Hawaii employers with 100 employees or more must provide employees who have performed services for not fewer than six consecutive months for the employer with family leave. An employee is entitled to four weeks of family leave during any calendar year for the following qualifying reasons:

• for the birth of a child of the employee, which expires 12 months after the child's birth;
• for the adoption of a child by the employee, with entitlement to family leave available upon the placement of the child for adoption;
• to care for the employee's child who has a serious health condition;
• to care for the employee's spouse or reciprocal beneficiary who has a serious health condition; or
• to care for the employee's sibling, grandchild, or parent who has a serious health condition.

Haw. Rev. Stat. §§ 398-1 to 4. The leave may be paid or unpaid (or a combination of paid and unpaid leave) and may be taken intermittently. Employees may substitute any of the employee's paid leaves for any part of the four-week period (e.g., paid vacation, paid personal leave, etc.). In addition, employers who provide sick leave for employees must permit an employee to substitute accrued and available sick leave, although the employee may only use ten days of sick leave per year for family leave purposes (unless otherwise provided by the terms of a collective bargaining agreement).

In the event that the necessity for family leave is foreseeable, the employee must provide the employer with prior notice that is reasonable and practicable. Haw. Rev. Stat. § 398-5. In addition, employers may require that a request for family leave be supported by a written certification from a health care provider or family court (when leave is for the birth of a child); a recognized adoption agency, the attorney handling the adoption, or the individual officially designated by the birth parent to select and approve the adoptive family (when leave is for the placement of a child for adoption by the employee); or the health care provider of the individual requiring care (when leave is to care for a covered family member with a serious health condition). Haw. Rev. Stat. § 398-6.

Upon returning from family leave, an employee must be restored to their former position or an equivalent position. This requirement does not apply when an employer experiences a layoff or workforce reduction during the leave, and the employee would have lost their position in the layoff or workforce reduction. In such circumstances, however, the employee retains all rights (including seniority rights) pursuant to the good faith operation of a bona fide layoff and recall system. Haw. Rev. Stat. § 398-7.

If an employee qualifies for family leave under both Hawaii law and FMLA, the family leave may run concurrently.

Parental Leave for School-Related Activities

Employees of public sector employers are eligible to receive up to two hours of paid leave during business hours to attend a mutually scheduled parent-teacher or parent-caregiver conference. The time off is not to be credited against vacation or sick leave, or adversely interfere with work operations. Employees are entitled to no more than two mutually scheduled conferences per child, in a single calendar year. Travel time is included as part of the two hours permitted. Haw. Rev. Stat. § 78-31.

Hawaii does not require private employers to grant leave, paid or unpaid, for school-related leave.

Organ, Bone Marrow, and Peripheral Blood Stem Cell Donor Leave

Private employers in Hawaii with 50 or more employees must allow employees to take leave to donate bone marrow, peripheral blood stem cells, or an organ. Specifically, employees who have been employed for at least one year are entitled to seven days of unpaid leave to donate bone marrow or peripheral blood stem cells and 30 days of unpaid leave to donate an organ each calendar year. Donor leave must not be taken concurrently with federal FMLA leave or Hawaii family leave. Haw. Rev. Stat. §§ 398A-1 to 3.

Additionally, state and county employees are entitled to receive seven days of paid leave each calendar year to donate bone marrow and 30 days of paid leave each calendar year to serve as an organ donor. Haw. Rev. Stat. § 78-23.6.

National Guard Leave

All Hawaii employers must provide unpaid leave to employees who are members of the Hawaii National Guard and are going to, returning from, or performing National Guard service ordered by the Governor or the Governor's representative. Employees who take such leave are entitled to reemployment to their original positions or positions of like seniority, status, and pay. To the extent an employee is no longer qualified for their position due to disabilities sustained during service, employers must offer other positions that are closest to the seniority, status, and pay of the employee's original position. Employees may not be discharged without cause within one year of reemployment. Haw. Rev. Stat. § 121-43.

Pregnancy Disability Leave

Hawaii employers with one or more employees must allow a female employee to take leave (whether paid or unpaid) for a reasonable period of time for disability due to and resulting from pregnancy, childbirth, or a related medical condition. What constitutes a "reasonable period of time" for purposes of pregnancy disability leave is determined by the employee's physician, with regard to the employee's physical condition and job requirements. Employers may request a doctor's certificate estimating the length of leave and the estimated commencement and termination dates of leave required by the employee. An employee who takes such leave must be reinstated to her original job or to a position of comparable status and pay, without loss of accumulated service credits and privileges. Haw. Code R. § 12-46-108.

Domestic or Sexual Violence Leave

An employer with 50 or more employees must allow an employee to take up to 30 days of unpaid victim leave per calendar year. An employer with no more than 49 employees must allow an employee to take up to five days of unpaid victim leave per calendar year.

Victim leave is available to an employee if the employee or the employee's minor child is a victim of domestic or sexual violence and the leave is to either seek medical attention for the employee or the employee's minor child to recover from physical or psychological injury or disability caused by domestic or sexual violence, obtain services from a victim services organization, obtain psychological or other counseling, temporarily or permanently relocate, or take legal action relating to the domestic violence. Haw. Rev. Stat. § 378-72.

Other Leave

Hawaii does not require employers to provide employees with sick leave benefits, whether paid or unpaid. If an employer chooses to provide employees with sick leave benefits, the employer must provide employees with written notice of the terms of the policy. Haw. Rev. Stat. § 388-7. The employer's policy determines the criteria to earn and use these benefits.

Similarly, employers are not required to provide employees with vacation benefits, whether paid or unpaid. If an employer chooses to provide such benefits, they must comply with the terms of their established policy or employment contract. An employer must provide employees with written notice of the terms of its vacation policy. Haw. Rev. Stat. § 388-7.

Bereavement leave is also not required by Hawaii law. Employers may choose to provide bereavement leave and are required to comply with their stated policy.

Non-Compete Agreements

Hawaii allows the use of non-compete agreements. To be enforceable under Hawaii law, a non-compete agreement must:

• be ancillary to a legitimate purpose that does not violate Chapter 480 of the Hawaii Revised Statutes;
• be effective only for a reasonable time; and
• not impose an undue hardship on the employee.

Haw. Rev. Stat § 480-4(c)(4). However, Hawaii prohibits the inclusion of any non-compete or employee nonsolicitation clause in employment contracts relating to employees of a technology business. Haw. Rev. Stat § 480-4(d).

Pay Transparency and Salary History Inquiries

As of January 1, 2024, Hawaii requires employers with 50 or more employees to disclose in job postings an hourly rate or salary range that reasonably reflects the actual expected compensation. Hawaii law provides exceptions for certain job postings, including postings for positions that are: (1) internal transfers or promotions; or (2) public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining. Haw. Rev. Stat § 378-2.8.

Hawaii law also restricts employers from inquiring about applicants' salary history during the hiring process. Specifically, employers and their agents are prohibited from inquiring about an applicant's current or prior wages, benefits, or other compensation. Employers also may not take it upon themselves to search publicly available records or reports for purposes of obtaining such information. Employers also may not rely on an applicant's salary history in determining the salary, benefits, or other compensation to be offered to the applicant. If an applicant voluntarily and without prompting discloses their salary history to an employer, however, the employer may consider salary history in determining salary, benefits, and other compensation for the applicant, and may verify the applicant's salary history. Hawaii's restrictions on salary history inquiries do not apply to applicants for internal transfer or promotion. Haw. Rev. Stat § 378-2.4.

Smoking Laws

Under Hawaii law, smoking, including using electronic smoking devices also known as e-cigarettes, is prohibited in all enclosed or partially enclosed areas at places of employment. Haw. Rev. Stat. §§ 328J-1, 328J-4.

Break Time to Express Milk

The Hawaii Breastfeeding in the Workplace Act prohibits discrimination against a lactating employee. Haw. Rev. Stat. § 378-2. Hawaii employers with one or more employees must support breastfeeding employees by providing reasonable break time and an adequate space (other than a bathroom) to express milk at work. Haw. Rev. Stat. §§ 378-91, 378-92. Employers with fewer than 20 employees may be exempt from these requirements if they can show that the requirements would impose an undue hardship.

Meal Breaks

In Hawaii, the only statutory requirement for breaks pertains to minors. Haw. Rev. Stat. § 390-2(c)(3) requires that employers provide minors (14 or 15 years of age) with a 30-minute rest or meal period after five consecutive hours of work. The Hawaii Department of Labor and Industrial Relations specifies, however, that rest breaks of five to 20 minutes are compensable as hours worked. If an employer provides a meal break, the period is not compensable if it is 30 minutes or more and the employee is completely relieved of duty.

Minimum Wage

Effective January 1, 2024, Hawaii's minimum wage is $14.00 per hour. Haw. Rev. Stat. § 387-2. Hawaii's minimum wage is currently scheduled to increase to $16.00 per hour beginning January 1, 2026, and to $18.00 per hour beginning January 1, 2028.

Pay Dates and Pay Frequency

Under Hawaii law, employers are required to pay wages to all employees at least twice during each calendar month, on regular paydays designated in advance by the employer. Haw. Rev. Stat. § 388-2(a). Employers are required to pay all wages earned within seven days after the end of each pay period. Haw. Rev. Stat. § 388-2(b).

Final Payments

Whenever an employer discharges an employee (whether with or without cause), the employer must pay the employee's wages in full at the time of discharge, or not later than the next working day. Haw. Rev. Stat. § 388-3(a).

Whenever an employee quits or resigns, the employer must pay the employee's wages in full no later than the next regular payday, except that if the employee gives at least one pay period's notice of intention to quit, the employer must pay all wages earned at the time of quitting. Haw. Rev. Stat. § 388-3(b).

To the extent an employee is suspended as a result of a labor dispute or is temporarily laid off for any reason, the employer must pay the employee's wages in full no later than the next regular pay day. Haw. Rev. Stat. § 388-3(c).

Unemployment Insurance

Unemployment insurance benefits provide income to individuals who have lost work through no fault of their own. The website to establish unemployment insurance benefits or to reopen an existing claim is uiclaims.hawaii.gov.

Workers' Compensation

Hawaii's Workers' Compensation law was enacted in 1915, and its purpose is to provide wage loss compensation and medical care to those employees who suffer a work-related injury. Any employers, other than those excluded under Haw. Rev. Stat. § 386-1, having one or more employees, no matter their status, must provide workers' compensation coverage for their employees. Employers are required to provide certain benefits without regard to the employer's fault. Further, employees are prohibited from filing civil actions against the employer for work-related injuries or illnesses. Covered injuries are listed at Haw. Rev. Stat. § 386-3.

Additional Laws and Regulations

Record-Keeping

Hawaii has specific laws regarding the time and manner in which certain records must be maintained.

• Payroll data: A record must be kept of information on the rate of pay, hours, straight-time earnings, overtime earnings, deductions, authorizations for deductions, total wages per pay period, and tax withholding forms. Haw. Rev. Stat. §§ 371-11, 387-6, and 388-7.
• Child labor: Copies of minors' certificates of employment and ages must be retained for as long as the minor is employed. Upon separation, the document must be returned to the Hawaii Department of Labor and Industrial Relations. Haw. Rev. Stat. § 390-3.
• Benefit information: This information includes records of all work-related injuries and illnesses, as well as medical and other records pertaining to workers' compensation claims, and copies of any Waiver of Health Care Coverage. Haw. Rev. Stat. §§ 386-95, 386-96, and 393-21.
• Employment records: Employers must make, keep, and preserve records of employees and of the wages, hours, and other conditions maintained by the employer. Haw. Rev. Stat. § 371-11. A record must be kept of recruitment and hiring records (advertisements, vacancy announcements and postings, referrals, employment applications and/or résumés, and dates of hire); training or apprenticeship; a change in status (promotions, demotions, transfers); and documents on employee separations (layoffs, resignations, terminations, and dates of separation). Haw. Rev. Stat. §§ 371-11, 378-6(b), and 383-94(c).
• Occupational injuries and illnesses: Documents to be kept include those pertaining to safety and health programs and records of deaths, injuries, and illnesses. Haw. Rev. Stat. § 396-6(e).
• Physical addresses: Former and current addresses, as well as the applicable North American Industry Classification System code, must be kept. Haw. Rev. Stat. § 371-11(3).

Reference Immunity

Under Hawaii law, employers and their authorized designees are presumed to act in good faith and are immune from civil liability when they make disclosures at the request of a current/former employee, or any prospective new employer, regarding factual information or opinion about the current or former employee's job performance. Haw. Rev. Stat. § 663-1.95. The presumption of good faith can be rebutted only by showing that the employer intentionally disclosed information it knew was false or misleading.

Child Labor Laws

Hawaii law defines a "minor" as any person under 18 years of age. Except in limited situations (theatrical work and coffee harvesting), minors must be at least 14 years of age to begin working, and minors under the age of 18 may not work in positions that are considered "hazardous" and will have limitations on the work schedule. Haw. Rev. Stat. §§ 390-2, 390-3.

Wage Rate Discrimination Prohibited

Employers cannot, on the basis of any protected category, discriminate in the payment of wages or employ a person at a pay rate less than what another employee earns for substantially similar work (skills, effort, responsibility, and similar working conditions). Haw. Rev. Stat. § 378-2.3(a). Protected categories include race, sex (including gender identity or expression), sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, reproductive health decision, and domestic or sexual violence victim status (if such victim status is disclosed to or actually known by the employer). Haw. Rev. Stat. § 378-2(a)(1).

Employers also may not retaliate or discriminate against an employee for (or prohibit an employee from) disclosing their wages, discussing and inquiring about the wages of other employees, or aiding or encouraging other employees to exercise such rights. Haw. Rev. Stat. § 378-2.3(b).

Mobile Applications for Workers

Hawaii law prohibits employers, with certain exceptions, from requiring applicants or employees to download a mobile application to their personal communication device (e.g., personal mobile phone or tablet) if the application allows their location to be tracked or their personal information to be revealed. Hawaii law also prohibits employers from terminating or otherwise retaliating against applicants or employees for refusing to make or consent to such a download or opposing practices prohibited by Hawaii's law governing mobile applications in the workplace. Haw. Rev. Stat. § 378-102.

Under Hawaii law, it is permissible for employers to enter into voluntary agreements with applicants or employees in which the applicants or employees consent to downloading mobile applications to their personal communication devices which enable their location to be tracked or their personal information to be revealed. In addition, under Hawaii law, employers may require employees to carry or use an employer-owned communication device that enables the employee's location to be tracked. Haw. Rev. Stat. § 378-103.