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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Hawaii employers must grant a meal period of at least 30 minutes to employees 14 or 15
years of age after five consecutive hours of work. HRS 390-2(c)(3).
Hawaii does not have any laws requiring an employer to provide a meal period or breaks to
employees 16 years of age or older, thus the federal rule applies. The federal rule does
not require an employer to provide either a meal (lunch) period or breaks. However, if an
employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must
be paid. Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so
long as the employee is free to do as they wish during the meal or lunch period. DOL:
Breaks and Meal Periods.
Hawaii employers must grant a meal period of at least 30 minutes to employees 14 or 15
years of age after five consecutive hours of work. HRS 390-2(c)(3).
Hawaii does not have any laws requiring an employer to provide a meal period or breaks to
employees 16 years of age or older, thus the federal rule applies. The federal rule does
not require an employer to provide either a meal (lunch) period or breaks. However, if an
employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must
be paid. Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so
long as the employee is free to do as they wish during the meal or lunch period. DOL:
Breaks and Meal Periods.
Vacation
In Hawaii, employers are not required to provide employees with vacation benefits, either
paid or unpaid. If an employer chooses to provide such benefits, it must comply with the
terms of its established policy or employment contract. An employer must provide
employees written notice of the terms of its vacation policy. Haw. Rev. Stat. § 388-7.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Casumpang v.
ILWU, Local 142, 108 Haw. 411, 121 P.3d 391 (Haw. 2005); Lim v. Motor Supply, LTD, 45
Haw. 111, 364 P.2d 38 (1961).
An employer may lawfully establish a policy or enter into a contract disqualifying employees
from payment of accrued vacation upon separation from employment if they are terminated.
See Casumpang v. ILWU, Local 142, 108 Haw. 411, 121 P.3d 391 (Haw. 2005); Lim v.
Motor Supply, LTD, 45 Haw. 111, 364 P.2d 38 (1961).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Casumpang v. ILWU, Local 142, 108 Haw. 411, 121 P.
3d 391 (Haw. 2005); Lim v. Motor Supply, LTD, 45 Haw. 111, 364 P.2d 38 (1961).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Casumpang v. ILWU, Local 142, 108
Haw. 411, 121 P.3d 391 (Haw. 2005); Lim v. Motor Supply, LTD, 45 Haw. 111, 364 P.2d 38
(1961).
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. See Casumpang v. ILWU, Local 142, 108 Haw. 411, 121 P.3d 391 (Haw. 2005);
Lim v. Motor Supply, LTD, 45 Haw. 111, 364 P.2d 38 (1961).
An employer may cap the amount of vacation leave an employee may accrue over time. See
Casumpang v. ILWU, Local 142, 108 Haw. 411, 121 P.3d 391 (Haw. 2005); Lim v. Motor
Supply, LTD, 45 Haw. 111, 364 P.2d 38 (1961).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. See Casumpang v. ILWU, Local 142, 108 Haw. 411, 121 P.3d
391 (Haw. 2005); Lim v. Motor Supply, LTD, 45 Haw. 111, 364 P.2d 38 (1961).
In Hawaii, employers are not required to provide employees with vacation benefits, either
paid or unpaid. If an employer chooses to provide such benefits, it must comply with the
terms of its established policy or employment contract. An employer must provide
employees written notice of the terms of its vacation policy. Haw. Rev. Stat. § 388-7.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Casumpang v.
ILWU, Local 142, 108 Haw. 411, 121 P.3d 391 (Haw. 2005); Lim v. Motor Supply, LTD, 45
Haw. 111, 364 P.2d 38 (1961).
An employer may lawfully establish a policy or enter into a contract disqualifying employees
from payment of accrued vacation upon separation from employment if they are terminated.
See Casumpang v. ILWU, Local 142, 108 Haw. 411, 121 P.3d 391 (Haw. 2005); Lim v.
Motor Supply, LTD, 45 Haw. 111, 364 P.2d 38 (1961).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Casumpang v. ILWU, Local 142, 108 Haw. 411, 121 P.
3d 391 (Haw. 2005); Lim v. Motor Supply, LTD, 45 Haw. 111, 364 P.2d 38 (1961).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Casumpang v. ILWU, Local 142, 108
Haw. 411, 121 P.3d 391 (Haw. 2005); Lim v. Motor Supply, LTD, 45 Haw. 111, 364 P.2d 38
(1961).
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. See Casumpang v. ILWU, Local 142, 108 Haw. 411, 121 P.3d 391 (Haw. 2005);
Lim v. Motor Supply, LTD, 45 Haw. 111, 364 P.2d 38 (1961).
An employer may cap the amount of vacation leave an employee may accrue over time. See
Casumpang v. ILWU, Local 142, 108 Haw. 411, 121 P.3d 391 (Haw. 2005); Lim v. Motor
Supply, LTD, 45 Haw. 111, 364 P.2d 38 (1961).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. See Casumpang v. ILWU, Local 142, 108 Haw. 411, 121 P.3d
391 (Haw. 2005); Lim v. Motor Supply, LTD, 45 Haw. 111, 364 P.2d 38 (1961).
Severance
Hawaii law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Hawaii law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
Hawaii law does not require employers to provide employees with either paid or unpaid
holiday leave. In Hawaii, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Hawaii law does not require employers to provide employees with either paid or unpaid
holiday leave. In Hawaii, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Minimum Wage
Hawaii's current minimum wage rate is $7.25. HI Wage and Hour Laws. Some
exceptions apply.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. Because Hawaii's wage rate is the same
as the federal rate, an employer is compliance with both laws if it pays employee's a
minimum of $7.25.
Hawaii's current minimum wage rate is $7.25. HI Wage and Hour Laws. Some
exceptions apply.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. Because Hawaii's wage rate is the same
as the federal rate, an employer is compliance with both laws if it pays employee's a
minimum of $7.25.
Overtime
Hawaii requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate of pay when they work over 40 hours in a workweek. HI Wage and Hour Laws. Federal
overtime laws may also apply. For federally-defined exemption and other federal overtime
laws see FLSA: Overtime.
Hawaii requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate of pay when they work over 40 hours in a workweek. HI Wage and Hour Laws. Federal
overtime laws may also apply. For federally-defined exemption and other federal overtime
laws see FLSA: Overtime.
Sick Leave
Hawaii law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer choose to provide employees with sick leave benefits,
the employer must provide employees written notice of the terms of the policy. Haw. Rev.
Stat. § 388-7. An employee may be entitled to unpaid sick leave under Hawaii's Family
Leave Law. An employer in Hawaii may be required to provide an employee unpaid sick
leave in accordance with the Family and Medical Leave Act or other federal laws.
Hawaii law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer choose to provide employees with sick leave benefits,
the employer must provide employees written notice of the terms of the policy. Haw. Rev.
Stat. § 388-7. An employee may be entitled to unpaid sick leave under Hawaii's Family
Leave Law. An employer in Hawaii may be required to provide an employee unpaid sick
leave in accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for responding to a jury summons or
serving on a jury.
Hawaii State Judiciary FAQ
An employer may not discharge, penalize, threaten, or otherwise coerce an employee who
receives and/or responds to a jury summons or who serves on a jury.
Hawaii Stat. 612-25
An employer is not required to pay an employee for responding to a jury summons or
serving on a jury.
Hawaii State Judiciary FAQ
An employer may not discharge, penalize, threaten, or otherwise coerce an employee who
receives and/or responds to a jury summons or who serves on a jury.
Hawaii Stat. 612-25
