Minimum Wage $16.00 PER HOUR
As of January 1, 2026, Hawaii's minimum wage is $16.00 per hour. That rate applies statewide and is scheduled to remain in place through December 31, 2027, before increasing to $18.00 on January 1, 2028.
Hawaii allows only a small tip credit. Through 2027, the maximum tip credit is $1.25 per hour, meaning the lowest cash wage for a qualifying tipped employee is $14.75. The employer may take that credit only when the worker's wages plus tips equal at least $23.00 per hour.
Hotel & Restaurant Service Charges HAWAII-SPECIFIC RIGHT
Hawaii has a special rule for hotel and restaurant service charges. When a hotel or restaurant adds a service charge for food, beverage, or porterage services, it generally must either distribute that charge directly to the employees as tip income or clearly disclose to customers that the charge is not being distributed as tip income.
This can matter in banquet, catering, hotel, restaurant, and event work, where service charges can be large and workers may not know whether the charge was passed through or kept by the employer.
Overtime Laws 1.5X RATE
Most non-exempt Hawaii employees must receive overtime at one and a half times their regular rate for hours worked over 40 in a workweek. At Hawaii's $16.00 minimum wage, that equals $24.00 per hour.
Overtime is generally calculated by workweek. Working more than eight hours in one day does not automatically create overtime for most private employees if total hours for the week do not exceed 40. Bonuses, commissions, and other pay may need to be included when calculating the regular rate.
Meal & Rest Breaks NO ADULT MANDATE
Hawaii does not generally require meal or rest breaks for adult employees. Break rights may still come from an employment agreement, collective bargaining agreement, or workplace policy.
Hawaii does require a 30-minute meal break for workers under 16 after five consecutive hours of work. When an employer provides short rest breaks, those breaks are usually paid. A meal period may be unpaid only when the employee is fully relieved of duty.
Final Paycheck DAY OF DISCHARGE
When a Hawaii employee is discharged, the employer generally must pay all wages in full at the time of discharge. If the timing or conditions genuinely prevent immediate payment, wages must be paid no later than the next working day.
When an employee quits, wages are generally due by the next regular payday. If the employee gives at least one pay period's notice, wages are due at the time of quitting. Hawaii also generally requires wages to be paid at least twice per month and within seven days after the end of each pay period.
Filing a Claim 6 YEAR WINDOW
Hawaii's wage and hour laws generally provide a six-year statute of limitations for state-law wage claims.
Federal FLSA minimum wage and overtime claims generally have a two-year limitations period, extended to three years for willful violations. Hawaii law may also provide remedies for unpaid wages, including additional damages, interest, costs, and attorney's fees in certain cases.
What an Employer Owes DOUBLE WAGES + 6%
In some Hawaii wage-payment cases, an employer who fails to pay wages without equitable justification may owe the unpaid wages plus an equal additional amount, along with interest at six percent per year from the date the wages were due.
Hawaii law also allows costs and reasonable attorney's fees in certain wage actions. These remedies can make Hawaii a stronger worker-protection state for unpaid wage claims than states that only mirror the federal baseline.
Employee Misclassification COMMON VIOLATION
Some Hawaii employers label workers as independent contractors or exempt employees to avoid paying overtime, payroll taxes, or other wage obligations. A job title, contract, or salary does not automatically decide whether wage protections apply. The actual working relationship, economic realities, and day-to-day duties matter.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
Think You May Be Owed Back Wages?
Josephson Dunlap reviews wage claims for Hawaii workers at no cost. There is no fee unless wages are recovered. A case manager will go through your situation and tell you where you stand.