Under Hawaii law, employers in the private sector must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 40 hours in one week.

Some employees are exempt from the overtime requirement. Employees earning more than $2,000 per month on a salary basis or engaged in executive, administrative, supervisory, agricultural or professional activities are exempt from the overtime requirement.

Hawaii’s minimum wage is $14 per hour, which is greater than the federal minimum wage of $7.25 per hour. Tipped employees earn a minimum of $12,75 per hour, meaning employers can take a “tip credit” of $1.25 per hour as long as the employee’s combined wages and tips reach the standard minimum wage.

Hawaii does not have any meal or rest break requirements for employees aged 18 or older. However, Florida requires that minor employees ages 17 or younger must be given a break of at least 30 minutes for every five hours consecutively worked.

You can file a wage claim with a local office of the Wage Standards Division.  Information on the process is available at the state Wage Standards Division website. The filing should include as much information and documentation as possible. This process can be completed with or without an attorney. 

If you have a wage/hour claim, do not delay in contacting the Department to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file with six years from the date that the claim arose.

As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.

In Hawaii, an employee can file a private lawsuit to recover unpaid wages, civil penalties, and attorney’s costs and fees. In the event that the employer willfully violated the law, liquidated damages may also be recovered.