Hawaii Minimum Wage Laws




Minimum wage

Hawaii’s current minimum wage is $8.50. HI Statute 387-2

Hawaii’s minimum wage will increase over the next several years as follows:

  • January 1, 2017: $9.25
  • January 1, 2018: $10.10

HI Wage Standards Division – Minimum Wage and Overtime

Hawaii employers must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25. See FLSA: Minimum Wage.



Tip minimum wage

Hawaii’s current minimum wage for tipped employees is $7.75.

If an employer chooses to pay employees the tipped minimum wage, they must also ensure the employees is paid at least $15.50 when the employees’ tips are combined with the wages earned at the hourly tipped wage rate. HI Statute 387-2.

Employees are considered tipped employees and may be paid the tipped wage rate if they work in an occupation where employees customarily and regularly receive more than $20 a month in tips and, in fact, receive more than $20 a month in tips. HI Statute 387-2; HI Admin Rules 12-20-11(e) A tipped employee will remain as such even should the employee’s tips drop below $20 a month due to sickness, vacation or the like. Additionally, an employee can be determined a “tipped” employee during the beginning or ending of employment if that employee receives more than $20 in tips during a particular week or weeks of a month. HI Admin Rules 12-20-11(e)



Employers are required to inform their employees at the time of hiring if they will be paid the tipped wage rate. Once employers have decided to pay employees the tipped wage, they may discontinue paying the tipped wage only if it is permanent and not created to avoid law requirements. If an employer changes its tipped wage policy, it must notify employees of the change either in writing or posted in the workplace prior to the next pay period. HI Admin Rules 12-20-11(c)

When an employer has an employee working in two or more different occupations for that employer, the employer may only pay the tipped wage rate for the hours worked in the occupation where the employee customarily and regularly received a minimum of $20 a month in tips. HI Admin Rules 12-20-11(b)



Tip pooling and sharing

Hawaii law allows employees to participate in tip pooling, although it is unclear whether an employer may require their participation. When they participate in tip pool or splitting arrangements, employees are only deemed to be a tipped employee to the extent of their proportionate share of the tips received. When a tip-pooling arrangement has been mutually agreed upon by the employees and the employer redistributes the tips among the employees, the actual amount received by each employee is to be considered tips for that employee. HI Admin Rules 12-20-11(a)



Subminimum wage

Employees with disabilities

Hawaii’s minimum wage laws allow the Department of Labor and Industrial Relations to issue rules providing for special certificates that allow employers to pay employees with disabilities a subminimum wage rate that is lower than the standard minimum wage. The certificate would set forth the period of time the employee with a disability may be paid the subminimum wage rate. HI Statute §387-9(2) .



Trainees

Hawaii minimum wage laws do not allow employers to pay trainees a wage rate lower than the standard minimum wage.



Apprentices

Hawaii law does not permit employers to pay apprentices a wage rate less than the standard minimum wage. They must pay employees at minimum the standard minimum wage set forth by the federal Fair Labor Standards Act, unless there are other federal or state requirements that they be paid more. HI Admin Rules 12-30-6(2)(E)



Learners

Hawaii’s minimum wage laws allow the Department of Labor and Industrial Relations to issue rules providing for special certificates that allow employers to pay learners a subminimum wage rate that is lower than the standard minimum wage. HI Statute §387-9(2)



Student learners

Hawaii minimum wage laws do not allow employers to pay student learners a wage rate lower than the standard minimum wage.



Student workers

Hawaii’s minimum wage laws allow the Department of Labor and Industrial Relations to issue rules providing for special certificates that allow employers to pay certain student workers who work part-time a subminimum wage rate that is lower than the standard minimum wage. HI Statute §387-9(1)