Hawaii Employment Law
Hawaii Employment Practices Act covers all employers with 1+ employees and provides some of the broadest protections in the nation, including credit history and arrest record protections.
At-Will
Yes
Right-to-Work
No
EEOC Deferral
300 days
Min. Wage
$16.00
Hawaii State Laws (9)
HEPA
Haw. Rev. Stat. §§ 378-1 to 378-6
The Hawaii Employment Practices Act is one of the broadest state anti-discrimination statutes in the nation, covering employers with just one or more employees. It prohibits discrimination in all aspects of employment on the basis of an extensive list of protected classes including race, sex (encompassing gender identity and expression), sexual orientation, age, religion, disability, marital status, arrest and court record, domestic or sexual violence victim status, HIV status, credit history, genetic information, and reproductive health decisions. Hawaii was among the first states to include protections for sexual orientation and has continued to expand its protected classes over time.
Protected Classes
Key Provisions
- ✓Prohibits employment discrimination on the basis of an extensive list of protected characteristics
- ✓Covers employers with just 1 or more employees, offering broader coverage than most states
- ✓Includes protections for arrest and court record, credit history, and HIV status
- ✓Protects victims of domestic or sexual violence from employment discrimination
- ✓Includes reproductive health decisions as a protected class
Remedies
HI Victims Leave
Haw. Rev. Stat. §§ 378-71 to 378-74
Provides up to 30 days of unpaid leave per calendar year (for employers of 50+) or 5 days (employers under 50) for victims of domestic abuse, sexual assault, or stalking. Prohibits retaliation.
Protected Classes
Key Provisions
- ✓Provides up to 30 days of unpaid leave per calendar year (for employers of 50+) or 5 days (employers under 50) for victims of domestic abuse, sexual assault, or stalking. Prohibits retaliation.
Remedies
HI Equal Pay
Haw. Rev. Stat. § 378-2.3
Prohibits sex-based wage discrimination for substantially similar work. Prohibits employers from inquiring about applicants' salary history. Permits limited bona fide factor defenses.
Protected Classes
Key Provisions
- ✓Prohibits sex-based wage discrimination for substantially similar work. Prohibits employers from inquiring about applicants' salary history. Permits limited bona fide factor defenses.
Remedies
HI Family Leave
Haw. Rev. Stat. §§ 398-1 to 398-11
Provides 4 weeks of unpaid family leave per calendar year for birth/adoption of child or care of family member with serious health condition. Less leave than federal FMLA but lower employer threshold.
Protected Classes
Key Provisions
- ✓Provides 4 weeks of unpaid family leave per calendar year for birth/adoption of child or care of family member with serious health condition. Less leave than federal FMLA but lower employer threshold.
Remedies
HI Minimum Wage Wage
Haw. Rev. Stat. §§ 387-1 to 387-13
State minimum wage scheduled to reach $18/hour by 2028 (currently $14/hour as of 2024). Overtime at 1.5x for hours over 40/week. Anti-retaliation provision.
Protected Classes
Key Provisions
- ✓State minimum wage scheduled to reach $18/hour by 2028 (currently $14/hour as of 2024). Overtime at 1.5x for hours over 40/week. Anti-retaliation provision.
Remedies
HI Pregnancy-Related Discrimination
Haw. Rev. Stat. § 378-2 (subsection); HAR § 12-46-107
Prohibits employment discrimination based on pregnancy, childbirth, or related conditions. Requires reasonable accommodation and prohibits forcing pregnant employees onto leave if they can perform their duties.
Protected Classes
Key Provisions
- ✓Prohibits employment discrimination based on pregnancy, childbirth, or related conditions. Requires reasonable accommodation and prohibits forcing pregnant employees onto leave if they can perform their duties.
Remedies
HI Prepaid Health Care
Haw. Rev. Stat. §§ 393-1 to 393-51
Requires employers to provide health insurance to employees working 20+ hours per week for 4 consecutive weeks. Anti-retaliation provision protecting employees who assert PHCA rights.
Key Provisions
- ✓Requires employers to provide health insurance to employees working 20+ hours per week for 4 consecutive weeks. Anti-retaliation provision protecting employees who assert PHCA rights.
Remedies
HI Temporary Disability Insurance
Haw. Rev. Stat. §§ 392-1 to 392-101
Requires private employers to provide partial wage-replacement insurance for non-work-related illness or injury (including pregnancy). Provides up to 26 weeks of benefits at 58% of weekly wages. Employer can deduct part of premium from employee wages.
Protected Classes
Key Provisions
- ✓Requires private employers to provide partial wage-replacement insurance for non-work-related illness or injury (including pregnancy). Provides up to 26 weeks of benefits at 58% of weekly wages. Employer can deduct part of premium from employee wages.
Remedies
HI Whistleblower Protection
Haw. Rev. Stat. §§ 378-61 to 378-69
Protects employees who report or are about to report (in good faith) violations of state, federal, or local law to public bodies. Covers both private and public employees.
Protected Classes
Key Provisions
- ✓Protects employees who report or are about to report (in good faith) violations of state, federal, or local law to public bodies. Covers both private and public employees.
Remedies
Federal Laws That Apply in Hawaii
These federal statutes protect workers nationwide, including in Hawaii. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.
Check which laws apply to your situation in Hawaii
Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.
Check My RightsThis information is provided for educational purposes only and does not constitute legal advice.Hawaii laws are subject to legislative changes. Consult a qualified employment attorney in Hawaii for advice about your specific situation. Last reviewed: March 2026.