**Employment Laws in Hawaii: At-Will, Discrimination, and Wages**
**Key Takeaways:**
• Employees in Hawaii are considered “at-will” unless a contract or collective bargaining agreement states otherwise.
• Hawaii has strict laws against employment discrimination based on characteristics such as age, sex, and disability.
• Hawaii employers must comply with the Hawaii Wage Payment Act, including payment of overtime, minimum wage, and timely payment of wages.
• Employees have a limited time to file claims under the Hawaii Employee Relations Law Act, Hawaii Wage Payment Act, and Hawaii Human Rights Act.
• Failure to comply with Hawaii employment laws can result in fines, penalties, and lawsuits.
**Understanding At-Will Employment in Hawaii**
In Hawaii, employees are generally considered “at-will” employees, meaning their employment can be terminated by the employer at any time, with or without cause. However, this does not mean that employers have unlimited discretion to terminate employees. Hawaii law still requires employers to follow certain procedures and guidelines when terminating employees.
**Hawaii Revised Statutes (HRS) 378-2, “At-Will Employment”**
* An employment relationship is presumed to be at-will, unless:
+ There is a written contract or collective bargaining agreement that states otherwise.
+ The employer has a policy or practice of terminating employees only for cause.
**Discrimination in the Workplace in Hawaii**
Hawaii has strict laws against employment discrimination based on various characteristics, including:
* **Age**: HRS 378-2, “Discrimination in employment”
* **Sex**: HRS 378-2, “Sexual harassment and discrimination”
* **Disability**: HRS 378-19, “Reasonable accommodation for individuals with disabilities”
* **National origin**: HRS 378-2, “Discrimination in employment”
* **Marital status**: HRS 378-2, “Discrimination in employment”
* **Pregnancy**: HRS 378-2, “Pregnancy and childbirth”
* **Sexual orientation**: HRS 378-2, “Sexual orientation and identity”
**Hawaii Human Rights Commission (HHRC)**
* The HHRC is responsible for enforcing Hawaii’s anti-discrimination laws.
* Employees can file complaints with the HHRC, which will investigate and attempt to resolve the complaint through mediation or conciliation.
**Wage and Hour Laws in Hawaii**
Hawaii employers must comply with the Hawaii Wage Payment Act, which includes:
* **Minimum wage**: HRS 387-2, “Minimum wage”
+ The current minimum wage in Hawaii is $12.00 per hour.
+ Tipped employees may earn a lower minimum wage, but must still earn at least $10.00 per hour.
* **Overtime**: HRS 387-4, “Overtime”
+ Employers must pay employees at least 1.5 times their regular rate for hours worked over 40 in a workweek.
* **Timely payment of wages**: HRS 387-5, “Payment of wages”
+ Employers must pay employees on a regular pay schedule, at least bi-weekly.
+ Employees must receive their final pay on or before their last day of work.
**Step-by-Step Instructions for Filing a Claim**
1. **Determine the appropriate claim**: Decide which Hawaii employment law applies to your situation.
2. **Gather evidence**: Collect any relevant documents, including contracts, pay stubs, and witness statements.
3. **File a complaint**: Submit a complaint to the HHRC or the Hawaii Department of Labor.
4. **Wait for investigation**: The HHRC or Department of Labor will investigate your complaint and attempt to resolve it through mediation or conciliation.
5. **File a lawsuit**: If the HHRC or Department of Labor is unable to resolve your complaint, you may file a lawsuit in court.
**Filing Fees and Deadlines**
* **HHRC complaint**: No filing fee
* **Hawaii Department of Labor complaint**: No filing fee
* **Lawsuit filing fee**: Varies depending on the court and the specific claim
* **Deadlines**: Varies depending on the specific claim and the statute of limitations
**FAQs**
1. **Q: Can I be terminated for cause in Hawaii?**
A: Yes, if an employer has a policy or practice of terminating employees only for cause, an employee may be terminated for cause in Hawaii.
2. **Q: What is the minimum wage in Hawaii?**
A: The current minimum wage in Hawaii is $12.00 per hour.
3. **Q: Can I file a complaint with the HHRC?**
A: Yes, employees can file complaints with the HHRC, which will investigate and attempt to resolve the complaint through mediation or conciliation.
4. **Q: How do I file a lawsuit in Hawaii?**
A: Employees can file a lawsuit in court, but must first file a complaint with the HHRC or the Hawaii Department of Labor.
5. **Q: What is the statute of limitations for filing a claim in Hawaii?**
A: Varies depending on the specific claim, but generally ranges from 180 days to 3 years.
**How to Find a Hawaii Attorney**
* **Hawaii State Bar Association**: The HSBA is a good resource for finding a qualified attorney in Hawaii.
* **Online directories**: Websites such as Avvo and Martindale-Hubbell can help you find an attorney in Hawaii.
* **Referrals**: Ask friends, family, or coworkers for referrals to qualified attorneys in Hawaii.
**Legal Disclaimer**
This guide is for informational purposes only and is not intended to provide legal advice. Hawaii employment laws are complex and subject to change, and this guide may not be comprehensive or up-to-date. If you have specific questions or concerns, it is recommended that you consult with a qualified attorney in Hawaii.
**Resources**
* Hawaii State Bar Association: https://hsba.org/
* Hawaii Department of Labor: https://labor.hawaii.gov/
* Hawaii Human Rights Commission: https://hawaii.gov/hhrc/
* USA.gov: https://www.usa.gov/
* LawHelp.org: https://www.lawhelp.org/
Note: This is a general guide and not a substitute for professional advice. If you have questions about your specific situation, please consult a qualified attorney in Hawaii.
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