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Hawaii Employment Laws

Hawaii is an at-will employment state with strong worker protections that exceed federal standards. The Hawaii Employment Practices Law (HRS Chapter 378) prohibits discrimination based on a wide range of protected classes, including sexual orientation and gender identity, and applies to all employers regardless of size. Hawaii requires employers to provide Temporary Disability Insurance (TDI) and has banned noncompete agreements for technology workers.

Last verified: 2026-02-25

Statute of Limitations

180 days (HCRC charge); varies for other claimsHRS § 378-4

Complaints under the Hawaii Employment Practices Law must be filed with the Hawaii Civil Rights Commission (HCRC) within 180 days of the alleged discriminatory act. Federal EEOC charges must be filed within 300 days. Wage claims have varying deadlines.

Key Hawaii Statutes

Hawaii Employment Practices Law (Anti-Discrimination)HRS § 378-1 to 378-6

Prohibits employment discrimination based on race, sex (including gender identity or expression), sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, reproductive health decision, and domestic or sexual violence victim status. Applies to all employers regardless of size.

Minimum WageHRS § 387-2

Hawaii's minimum wage is $16.00 per hour as of January 1, 2026, rising to $18.00 per hour on January 1, 2028. Overtime is required at 1.5x the regular rate after 40 hours in a workweek.

Temporary Disability Insurance (TDI)HRS § 392-1 to 392-71

Hawaii requires all covered employers to provide Temporary Disability Insurance (TDI) for non-work-related injuries and illnesses, including pregnancy. Benefits are 58% of average weekly wages up to a maximum of $871/week (2026), payable from the 8th day of disability for up to 26 weeks.

Noncompete Ban for Technology WorkersHRS § 480-4(d)

Since July 2015, Hawaii prohibits noncompete and nonsolicitation clauses in employment contracts for employees of technology businesses (companies deriving the majority of gross income from software development or IT). For non-technology businesses, noncompetes must be ancillary to a legitimate purpose and reasonable in scope.

Whistleblower ProtectionHRS § 378-62

Employers cannot discharge, threaten, or discriminate against an employee because the employee reported or is about to report a violation of law, rule, or regulation to a public body.

Hawaii Family Leave LawHRS § 398-1 to 398-11

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

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Hawaii State Legislature — Revised Statutes. For advice about your specific situation, consult a licensed attorney.

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