Overtime Laws in Hawaii

Hawaii’s overtime regulations generally follow the federal Fair Labor Standards Act (FLSA), with some state-specific provisions. In 2025, Hawaii’s minimum wage is $14.00 per hour. The minimum wage is scheduled to increase to $16.00 per hour on January 1, 2026, and $18.00 per hour on January 1, 2028.

The table below summarizes the key 2025 wage and overtime provisions relevant to Hawaii employees:

These provisions are intended to ensure that eligible employees receive appropriate compensation for overtime work while providing employers with clear wage and hour requirements.

Overview of Hawaii Overtime Laws

Hawaii’s overtime laws are designed to ensure fair compensation for employees who work beyond standard hours. The key provisions include:

• Overtime Pay: Nonexempt employees generally must receive 1.5 times their regular rate of pay for hours worked over 40 in a workweek.
• Daily Overtime: Hawaii generally does not require daily overtime for private-sector employees. However, certain laborers and mechanics working on public construction projects covered by Chapter 104 may be entitled to overtime after 8 hours in a day.
• Exemptions: Certain executive, administrative, professional, and other qualifying employees may be exempt from overtime when they satisfy the applicable salary and duties requirements.

Understanding these provisions helps employers and employees navigate Hawaii’s wage and hour requirements effectively.

Eligibility for Overtime

Overtime eligibility in Hawaii depends primarily on an employee’s classification, job duties, compensation, and the applicable federal and state requirements.

• Nonexempt workers: Most employees are nonexempt and are entitled to overtime when they work more than 40 hours in a workweek.
  • Hourly workers: Hourly employees who are nonexempt generally receive overtime pay for hours worked over 40 in a workweek.
  • Salaried workers: Being paid a salary does not automatically make an employee exempt. Salaried employees who do not satisfy the applicable exemption requirements may still be entitled to overtime.
• Exempt workers: Certain employees are exempt from overtime if they meet the applicable salary and duties tests.
• Common exempt categories: Executive, administrative, and professional employees may qualify for overtime exemptions when all applicable requirements are satisfied.

Hawaii Federal vs. State Overtime Rules

Hawaii’s overtime requirements generally align with federal FLSA standards, although certain state-specific provisions apply to particular industries and occupations.

Understanding both federal and state requirements is important for employers to correctly determine whether an employee is entitled to overtime pay.

Exemptions in Hawaii

Hawaii law recognizes exemptions from overtime for certain employees. Eligibility generally depends on the employee’s job duties, compensation, and the specific exemption that applies.

• Executive Employees: Employees whose primary duties involve managing the enterprise or a recognized department or subdivision and who meet the applicable supervision and compensation requirements may qualify for an exemption.
• Administrative Employees: Employees whose primary duties involve office or non-manual work directly related to the management or general business operations of the employer may qualify when the applicable requirements are satisfied.
• Professional Employees: Employees whose primary duties require advanced knowledge in a field of science or learning, or who otherwise meet the applicable professional exemption requirements, may be exempt.
• Other Exemptions: Additional exemptions may apply to certain occupations and industries under federal or Hawaii law. Employers should review the specific exemption requirements before classifying an employee as exempt.

Meeting a salary requirement alone does not necessarily make an employee exempt. The employee must also satisfy the applicable duties and other requirements of the exemption.

Employer Obligations and Employee Rights

Employers must comply with applicable wage and hour requirements, while employees have rights concerning overtime compensation and wage payment.

• Timely payment: Employers must pay employees according to Hawaii’s applicable wage-payment requirements, including overtime compensation when it is due.
• Recordkeeping: Employers should maintain accurate records of hours worked, pay rates, overtime hours, and other required wage information.
• Wage claims: Employees who believe they have not received required wages or overtime pay may file a wage complaint with the Hawaii Department of Labor and Industrial Relations (DLIR).
• Penalties: Employers that violate applicable wage and hour requirements may be subject to back-pay obligations and other penalties provided by law.
• Protection against retaliation: Employees are protected against unlawful retaliation for exercising rights related to wages and working conditions.
• Private legal action: Depending on the circumstances, employees may also have the right to pursue legal remedies for unpaid wages or overtime.