Hawaii employment law compliance requirements

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Hawaii employers must provide Temporary Disability Insurance (TDI) coverage for eligible employees to provide partial wage replacement for off-the-job sickness or injury.

Haw. Rev. Stat. § 392-21 · effective Jan 1969 · source

Covered employers with 50 or more employees must provide at least 60 days' written notice to employees and the DLIR prior to a closing, partial closing, or relocation.

Haw. Rev. Stat. § 394B-9 · effective Jul 2007 · source

Employers with 100 or more employees must provide up to 4 weeks of unpaid family leave per calendar year for the birth/adoption of a child or to care for a family member with a serious health condition.

Haw. Rev. Stat. § 398-2 · effective Jul 2020 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

When an employee is discharged, final wages must be paid immediately or by the next working day. When an employee resigns, final wages must be paid on the next regular payday, unless the employee gave 15 days' notice, in which case they must be paid immediately.

Haw. Rev. Stat. § 388-3 · effective Jan 2020 · source

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Hawaii's minimum wage is $14.00 per hour effective January 1, 2024, and is scheduled to increase to $16.00 on January 1, 2026, and $18.00 on January 1, 2028.

Haw. Rev. Stat. § 387-2 · effective Jan 2024 · source

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Employers cannot inquire into or consider an applicant's criminal history until after a conditional offer of employment has been made.

Haw. Rev. Stat. § 378-2.5 · effective Sep 2020 · source

Employers with 50 or more employees must disclose the hourly rate or salary range in job postings that reasonably reflects the actual expected compensation.

Haw. Rev. Stat. § 378-2.8 · effective Jan 2024 · source

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Employers are prohibited from requiring technology business employees to sign non-compete or non-solicit covenants as a condition of employment.

Haw. Rev. Stat. § 378-113 · effective Jul 2015 · source

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990