Hawaii Overtime State Law 2026
Hawaii’s overtime regulations have been updated in 2025, particularly regarding the salary thresholds for exempt employees and the state minimum wage, which is $14/hour in 2025 (scheduled to rise to $16 in 2026 and $18 in 2028). These changes aim to align state laws with federal standards while addressing the state’s unique economic conditions.
The table below summarises the 2025 changes and wage thresholds most relevant to overtime calculations:
| Change Area | 2025 Update / Detail | |
| State Minimum Wage | $14.00/hour (effective Jan 1, 2024); scheduled increases to $16.00/hour on Jan 1, 2026, and $18.00/hour on Jan 1, 2028. | |
| Overtime Eligibility | Overtime eligibility follows the FLSA standard: non-exempt employees receive overtime (1.5×) for hours worked over 40 in a workweek. | |
| Daily Overtime Eligibility | Employees working on state or county public construction projects qualify for overtime after 8 hours in a day (Chapter 104, HRS). Private sector generally not required. | |
| Exempt Employee Salary Threshold | The proposed federal increase to $58,656/year was vacated (Nov 2024) and did not take effect; Hawaii retains its state statutory “guaranteed compensation” exemption at $4,000/month under HRS for certain employees. | |
| Statutory Authority |
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These updates reflect Hawaii’s commitment to fair labor practices and align with the state’s economic realities.
Overview of Hawaii Overtime Laws
Hawaii’s overtime laws are designed to ensure fair compensation for employees working beyond standard hours. The key provisions include:
- Overtime Pay: Employees must receive 1.5× times their regular hourly rate for hours worked over 40 in a workweek.
- Daily Overtime: Generally, Hawaii does not require daily overtime except for laborers and mechanics on public construction under Chapter 104, who are entitled to overtime after 8 hours in a day.
- Exemptions: Executive, administrative, and professional employees earning at least the statutory state “guaranteed compensation” exemption (at least $4,000/month) or other state/federal criteria are exempt from overtime requirements.
Understanding these provisions helps both employers and employees navigate Hawaii’s labor laws effectively.
Eligibility for Overtime
Overtime eligibility in Hawaii depends on employee classification, duties, and pay level.
- Nonexempt workers: Most employees are nonexempt and entitled to overtime.
- Hourly workers: Paid hourly and working over 40 hours in a workweek.
- Salaried workers: Do not meet exempt criteria under state or federal law, including job duties or the $4,000/month guaranteed compensation.
- Hourly workers: Paid hourly and working over 40 hours in a workweek.
- Exempt workers: Certain employees are exempt from overtime if they meet duties and salary tests.
- Common exempt categories: Executives, administrators, professionals.
Hawaii Federal vs. State Overtime Rules
While Hawaii’s overtime laws largely align with federal standards, there are notable distinctions:
| Aspect | Federal (FLSA) | Hawaii State Law (2025) | |
| Overtime Threshold | >40 hours/week | >40 hours/week | |
| Daily Overtime | Not required |
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| Overtime Rate | 1.5× regular rate | 1.5× regular rate | |
| Exemptions | Executive, administrative, professional | Same, with updated salary thresholds | |
| Salary Threshold for Exempt Employees | $684/week ($35,568/year) | $58,656/year for executive, administrative, and professional employees |
These differences highlight the importance of understanding both federal and state laws to ensure compliance.
Exemptions in Hawaii
Hawaii law provides exemptions from overtime for certain employees, primarily based on their job duties and salary levels:
- Executive Employees: Must manage a department or subdivision and regularly supervise two or more employees.
- Administrative Employees: Must perform office or non-manual work directly related to management policies.
- Professional Employees: Must perform work requiring advanced knowledge in a field of science or learning.
- Highly Compensated Employees: Those earning at least $58,656/year and performing office or non-manual work.
These exemptions are designed to ensure that employees who perform high-level duties are not subject to overtime requirements.
Employer Obligations and Employee Rights
Understanding these rights of the employers ensures that employees are treated fairly and that employers comply with state labor laws.
- Timely payment: Overtime must be paid on the regular payday for the pay period in which it was earned.
- Recordkeeping: Maintain accurate records of hours worked, pay rates, and overtime.
- Wage claims: Workers can file complaints with the NYS Department of Labor.
- Penalties: Violations may lead to orders for back pay, liquidated damages, and civil penalties.
- Protection against retaliation: Workers are protected when asserting their wage and overtime rights.
- Employees may also pursue private lawsuits for unpaid overtime in addition to filing state claims.
Got questions?
Non-exempt employees must receive overtime pay at 1.5 times their regular hourly rate for hours worked over 40 in a workweek.
Generally, Hawaii does not require daily overtime. However, employees working on state or county public construction projects are entitled to overtime after 8 hours in a day.
Agricultural workers are subject to the same overtime provisions as other employees unless specific exemptions apply.
Hawaii does not require overtime for holiday or weekend work unless the employee works more than 40 hours in a workweek or is employed on a public construction project.
Overtime is calculated based on the total hours worked in a workweek. If an employee works multiple jobs for the same employer, the combined hours are used to determine overtime eligibility.