Compliance Watch:

What are my rights as an hourly employee in Hawaii?

Now, let’s explore the applicable laws that govern rest and meal breaks in Hawaii and examine any particular exceptions that may come into play.

In Hawaii, there are currently no state or federal regulations mandating the requirement of rest and meal breaks for employees. In other words, employers schedule rest and meal breaks by way of policy to boost their employees’ efficiency but are not legally obligated to do so in the first place.

Although the provision of such breaks is not mandatory by law, the federal Fair Labor Standards Act (FLSA) has set forth guidelines regarding whether an employee should be compensated during these periods. Employers are bound to follow these directives should they choose to implement rest and meal breaks for their respective employees. Federal provisions mandate compensation for short breaks with a duration of 20 minutes while unpaid meal breaks exceeding 20 minutes are permitted so long as employees are entirely relieved from work duties to eat during that time frame.

Furthermore, a special case arises for Hawaii based employees who are nursing mothers. Under both the federal law and Hawaii Revised Statute, lactating mothers are legally entitled to a particular type of break known as the ‘breastfeeding break’. This break provides employees with the opportunity to express milk in a secluded non-restroom area that is free from public intrusion for up to a year after childbirth.

Another exception applies to employed minors of the age of 14 or 15. Under state law, employees who are minors must be given a break of 30 minutes for every five consecutive hours of work.

1. Jury duty leave: Section 612-25 of the Hawaii Revised Statutes prevents employers from retaliating against employees who serve their jury duty. Furthermore, employees are required to be provided with unpaid leave to attend to their jury duty and may have to show their employers the jury summons in order to be granted this leave.
2. Domestic violence leave: Section 378-72 of Hawaii Revised Statutes provides employees, who are crime victims of sexual assault or domestic abuse, 30 days of unpaid leave a year if they are employed by an employer with more than 50 employees. As for employers with less than 50 employees, 5 days of annual unpaid leave is granted to victim employees. This leave is used particularly for the purpose of; 
   • Recovery from the physical or psychological injury inflicted by domestic or sexual abuse
   • Taking legal action
   • Seeking psychological or other counselling
   • Making temporary or permanent relocation arrangements
   • Seeking medical attention

2. The Family and Medical Leave Act: The federal provisions under The Family and Medical Leave Act provide 12 weeks of annual unpaid leave for employees to attend to personal matters relating to serious health or family reasons whilst securing their employment. Employees are eligible to utilize this leave if: 
   • They were hired by the same employer for a duration of at least 12 months before commencing their leave.
   • They have worked for at least 1,250 hours during those 12 months of employment under the same employer. 
   • Their respective employer has 50 or more employees within a 75-mile radius.

Regarding the deductions of an employee’s paycheck, state law provisions under section 388-6 of Hawaii Revised Statutes regulates the permissibility of wage deductions by an employer. As such, the law establishes that an employer is only permitted to deduct a portion of an employee’s wage if they were authorized by federal or state laws (such as taxes and garnishments) or by the respective employee with prior written consent.

• Fines;
• Cash shortages from a cash register used by two or more people;
• Cash shortages from a cash register under the control of a single employee if the employee is not given the discretion to account for all money received from the beginning of the shift and all money turned in by the end of the shift;
• Breakage cost;
• Losses because of accepting a bad check if the employee is granted the discretion to accept or refuse checks;
• Losses because of:
  • faulty workmanship,
  • Property that has been lost or stolen,
  • Property damage
  • default of customer credit,
  • nonpayment for goods or services received by customers if those losses are not attributable to the employee’s willful or intentional disregard of the employer’s interests;
• An employee or prospective employee’s medical or physical examination or medical report expenses required by the employer or by law.

The state’s statutory provisions also mandate employers to furnish employees, along with their paychecks where the deductions were made, a pay statement that accurately outlines the value and purpose of each wage deduction.

1. Minimum wage: Hourly employees in the state of Hawaii are entitled by state law to earn a minimum wage that aligns with Hawaii’s mandated minimum wage requirement of $14.00 per hour of work.
2. Overtime: Hawaii’s hourly employees are legally entitled to be compensated for working overtime hours exceeding the 40-hour work week. This overtime compensation is to be paid at one and a half times an employee’s regular hourly pay.
3. Worker’s compensation benefits: Employees who have sustained work-related injuries are entitled to wage loss compensation and medical care as established under Hawaii’s Workers’ Compensation (WC) law. Employers having one or more employees, regardless of their status, are legally obligated to provide their employees with workers’ compensation coverage that is fully funded through a private insurer of their choice.
4. Temporary Disability Insurance: In Hawaii, hourly employees are entitled to Temporary Disability Insurance to cover their non-work-related injuries and illnesses. Should the employee be unable to work because of their non-occupational injury or sickness, employers are required to provide disability or sick leave benefits to partly offset their lost wages.
5. Unemployment insurance benefits: Hourly employees in Hawaii who have lost their jobs without any fault of their own are entitled to unemployment insurance benefits. This type of insurance coverage aims to financially assist an individual  during times of unemployment.

1. Refusal to participate in lie detector tests: Part II of the Hawai’i Employment Practices Act makes it illegal for employers to use lie detector tests as an employment condition to assess applicants or  to continue employment for employees.
2. Victims protection: Employees in Hawaii who are victims of domestic abuse or sexual assault are legally protected under section 378-72 of Hawaii Revised Statutes. This legal provision grants victim employees unpaid leave to obtain psychological counselling, take legal action or seek medical attention.
3. Location tracking protection: Section 378-102 of Hawaii Revised Statutes legally protects employees and potential hires from having their location tracked or personal information disclosed as a condition of employment or to continue employment. Employees may file a civil suit against their employers for such legal violations.
4. Workplace discrimination: Under the Hawaii Employment Practices Act, employees in Hawaii are legally protected from workplace discrimination by their employers based on their particular protected characteristics, which comprise of: 
   • Race
   • Color
   • Sex
   • National origin
   • Religion
   • Age
   • Disability
   • Marital status
   • Arrest and court record
   • Being a victim of sexual or domestic violence

As in many other U.S. states, the default employment relationship in Hawaii is characterized as “at-will” in nature. Hence, at any time and with or without any justification, both the employer and employee are free to terminate the employment relationship.

However, certain exceptions do exist as the ‘employment-at-will’ doctrine is not absolute in its general applicability. The rationale for these exceptions is to safeguard the legal rights of employees upon their termination. These exceptions include:

1. Existence of an employment contract: Employers must inform their employees of their reasons behind terminating their employment if the stipulations of the contract require them to do so. 
2. Retaliation: Employers are prohibited from retaliating against their employees by terminating their employment for participation in activities that are legally necessary such as reporting workplace violations, electing to join a union, or filing a claim for overtime payment.
3. Public policy: Employees cannot be terminated on the basis of engaging in duties that serve the public interest such as reporting violations committed by the employer, serving their jury duty, or exercising their right under law.
4. Workplace discrimination: The Hawaii Employment Practices Act protects employees from being discriminated against in their employment (such as being terminated) because of their legally protected characteristics which include: 
   • Race
   • Color
   • Sex
   • National origin
   • Religion
   • Age
   • Disability
   • Marital status
   • Arrest and court record
   • Being a victim of sexual or domestic violence

Furthermore, Hawaii statutes require employers to issue a final paycheck to employees who have ended their employment. If an employee has been laid off, their final paycheck must be issued immediately right upon discharge or no later than the next business day if the former option is not feasible.

As for employees who voluntarily resign from their employment as a result of a labor dispute, their final paychecks must be issued no later than the next regularly scheduled pay date.

Severance pay is the compensation and/or benefits that are offered by an employer to an employee upon their termination of employment. Severance payment is generally calculated based on the employee’s length of service, although the procedure and amount is dictated by the company’s policies. Severance payments are usually paid as one lump sum, but they can also be distributed in several installments.

In the state of Hawaii, employers are not obliged to offer their employees severance pay. However, employers who choose to provide severance pay must have this explicitly outlined in the employment contract and are bound to adhere to its respective contractual terms.