Hawaii is one of the states that has a high degree of commitment to employee rights in all walks and situations of life, and they show that commitment through their numerous and comprehensive state laws supplementing the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. However, those rights can only be remedied by claims through state EEOC agencies. In addition, Hawaii is an “at will” state, which means that both employees and employers have the right to terminate employment for any reason except those specifically outlined in federal and state laws.
Hawaii’s Specific Labor Laws
There are numerous state laws supplementing federal employment protection legislation, which include the following:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
$7.25 |
Maximum tip credit $.25; minimum wage for tipped employees $7.00 |
|
State Military Leave |
Yes |
Unlimited unpaid leave and comparable benefits; if disabled and cannot perform former duties, employee entitled to comparable position; termination without cause prohibited for 1 year |
|
Jury Duty |
Yes |
Unpaid leave |
|
Voting |
Yes |
2 consecutive hours of paid time off if necessary; proof of voting required; if no proof, hours may be deducted from pay |
|
Garnishment |
Yes |
$2 fee for each garnishment |
|
State Family & Medical Leave |
Yes |
Leave for childbirth, adoption, & serious health conditions for employers with at least 100 employees, & employees with 6 months service, granted 4 weeks leave per calendar year; leave for pregnancy and domestic violence for all employers, all employees are eligible, a “reasonable period” of leave is due; leave for domestic violence for employers with over 50 employees, must allow up to 30 days unpaid leave per year for employee or child; employers with 49 or fewer employees, 5 days leave; may also include 10 days accrued leave or sick leave; eligible family members include reciprocal beneficiary, parents-in-law, grandparents, grandparents-in-law, stepparents; |
|
Arrest & Conviction Records |
Yes |
No discrimination based on arrest records; conviction inquiries allowed only after conditional offer of position, and only on convictions within 10 years; expunged records considered as if they never occurred |
|
Discrimination |
Yes |
1 or more employees; age; national origin; disability (physical or mental), HIV/ AIDS; gender; marital status; pregnancy & child birth; race; religion; sexual orientation; genetic testing; arrest & court records unless directly related to job |
|
Whistleblower |
Yes |
Both public and private employees have possible remedies within a 2-year statute of limitations |
|
Plant Closings |
Yes |
For companies with 50 or more employees at any time in past 12 months; for companies closing or partially closing and/or moving out of state; 4 weeks dislocated worker allowance to supplement unemployment compensation to equal former wage; employer must provide 60 days written notice; job assistance and training |
*These laws change often, so consult state statutes for the most up-to-date information.
Hawaii Discrimination Laws
While federal laws protect the basic rights of race, color, religion, sex or national origin for employees in Hawaii, state statutes contain a large number of additional protections. If those rights are abused, employees may file a claim with a state office of the EEOC to pursue remedies according to the following standards:
- Enforcement, administration, and investigation by the state is the only claim method for wrongful termination.
- Employees are not permitted to file private lawsuits.
- Employees are permitted to recover attorney’s fees from a defendant.
- Statute of limitations is 90 days.
Filing a Claim for Wrongful Termination
Those who are victims of wrongful termination may file a claim with the Equal Employment Opportunity Commission (EEOC) which follows these procedures:
- Investigation
- Mediation/Conciliation
- File a lawsuit, when appropriate
If the employee is not compensated or reinstated as a result of agency action, state law does not allow them to pursue private civil actions.
Legal Remedies for Wrongful Termination
Employees may expect any or all of the following remedies from an EEOC claim for wrongful termination:
- Reinstatement
- Reinstatement of benefits and seniority
- Back pay
- Compensation for stress and suffering
- Punitive damages to prevent further abuses by the employer
- Mandated policy changes to protect other employees in that company
- Possibly court costs and attorney’s fees
Hawaii employers who fail to abide by federal or state employment standards for hiring and firing may face the following penalties:
Jury duty – petty misdemeanor charges with penalties of fines up to $1,000 and/or jail terms of up to 30 days. Employer may also be required to reinstate the employee and pay 6 weeks back wages
Garnishment – criminal contempt of court.
Whistleblower – fines of between $500 and $5,000 for each violation
Plant closings – failure to provide required notice and severance results in employer liability for 3 months compensation to each employee
Federal and state laws provide a great deal of protection for employees in Hawaii, as well as recourse to seek remedies for wrongful termination. However, the only avenue to seek those remedies is through state agencies. If any employees feel that those agencies are not properly pursuing their case, they may want to consult an employee rights lawyer to help them receive the protections they deserve.
Local Resources
Hawaii EEOC Offices
Honolulu Local Office
300 Ala Moana Boulevard
Room 7-127
P.O. Box 50082
Honolulu, HI 96850
808-541-3120 or
800-669-4000
TTY: 808-541-3131 or
800-669-6820
FAX: 808-541-3390
Hawai’i Civil Rights Commission
Honolulu, HI
808-586-8636
www.hawaii.gov/labor/hcrc/