Sunday, August 12, 2012

State Employment Law Summary HAWAII

Human Resource  --  State Employment Law Summary



HAWAII






Table of Contents
Page
Appearance and Grooming 5
Uniforms 5
Application Fees 5
Arrest and Conviction Records 5
At-Will Employment 5
Breaks and Rest Periods 6
Adults 6
Minors 6
Breastfeeding 6
Child Labor 6
Federal Law 6
Types of Work 7
Minors Under Age 18 7
Minors Under Age 14 7
Hours of Work 7
Minors Between 14 and 16 7
Minors Below 16 7
Permits and Postings 7
COBRA 8
Insurance Continuation 8
Employee Conduct and Work Rules 8
Guns in the Workplace 8
Equal Employment Opportunity and Equal Pay 8
Protected Individuals 8
Breastfeeding 9
Procedure 9
Family and Medical Leave (FMLA) 9
Files and Access 10
Employee Inspection of File 10
Privacy of Medical Records 10
Hiring Procedures 10
Job Application Processing Fee 10
Credit and Investigative Checks 10
New Hire and Rehire Reporting 11
Mandatory Background Checks 11
Holidays 11
Jury, Witness, and Voting Leave 12
Jury & Witness Leave 12
Voting Leave 12
Labor-Management Relations 12
Layoff and Reduction in Force 12
Medical Testing and Examinations 13
Drug and Alcohol Testing 13
Overview 13
Employer Policies 13
Testing Requirement 13
Medical Examinations 14
Genetic Testing 14
HIV Testing 15
Military Leave 15
Noncompetition Agreements 15
Overtime 15
Polygraph/Lie Detector Tests 16
Reference Requests 16
Protection for Employers 16
Sick Leave 16
Smoking 16
Designated Areas 16
Written Policy 17
Temporary Disability Benefits 17
Termination Procedures 17
Paychecks 17
Unemployment Compensation 17
Vacations 17
Payment at Termination 17
Wages and Hours 18
Paydays 18
Minimum Wage 18
Withholding or Docking Pay 18
Deceased Employees 19
Garnishment 19
Direct Deposit 19
Notification 19
Living Wage 19
Whistleblower Protection 19
Worker's Compensation 20
Pre-Employment Inquiry Guide 20
Required Posters 20
Required Federal Posters 20
Required Hawaii Posters and Contacts 20
____________________




STATE LAW SUMMARY


Appearance and Grooming

Uniforms
Hawaii has enacted no law requiring employers to pay for employee uniforms. However, Hawaii employers may not deduct the cost of purchasing and/or of cleaning uniforms they require from an employee’s wages or final compensation if the deduction(s) would bring the employee’s wage rate below minimum wage ($5.25 per hour).
Application Fees
A Hawaii employer cannot require an employee to pay a job application processing fee.
Arrest and Conviction Records

Employers cannot inquire into an applicant’s arrest record. Additionally, employers cannot consider an applicant’s conviction record unless the conviction is substantially related to job duties and performance.
Caution: Private employers considering using arrest or conviction records should do so with caution, even in states that allow the use of arrest or conviction records for employment purposes. An arrest might never result in a criminal guilty plea or conviction and it is always possible that a person has been arrested for something he or she did not do. Moreover, the federal Equal Employment Opportunity Commission has stated that use of conviction records might be discriminatory given that, according to the EEOC, minorities are often more likely to have such a record. The EEOC cautions that employers should only inquire about felony convictions, should state that a criminal record is not an automatic bar to employment and should ensure that there is a legitimate business reason for requesting such information. Employers should consult with their attorneys for more information and guidance on this issue.
At-Will Employment

Hawaii law provides that an employment relationship of indefinite duration is an at-will relationship and can be terminated by either party without cause. This at-will status, however, can be modified by oral representations and written statements. Adequate contract disclaimers and at-will statements in documents given to employees (handbooks, policies, etc.) can help minimize the risk that such statements or documents may be alleged to have created express or implied employment contracts. Hawaii law also has recognized that discharges in violation of public policy can create a claim. This type of claim is typically one brought by a whistleblower or some other person asserting a legally protected right or by a person who has refused to commit an illegal act or who has reported one. These claims are based on statutes (e.g., you cannot fire someone for filing a worker's compensation claim), constitutional provisions or regulations.
Breaks and Rest Periods

Adults
Hawaii has enacted no statute that requires private employers to provide breaks and rest periods for adult employees.
Minors
No Hawaii employer may employ a minor for more than 5 consecutive hours without a 30-minute meal or rest period.
Breastfeeding
Companies must allow employees to express breastmilk in the workplace during meal or other rest periods.
Child Labor

Federal Law

Minors may be limited in the hours they work and may not be employed in occupations considered hazardous by federal law or by the U.S. Department of Labor’s rules and regulations. When school is in session, federal law requires work of minors age 14 and 15 to be limited to three (3) hours per day and eighteen (18) hours per week. When school is not in session, minors age 14 and 15 may work up to eight (8) hours per day and forty (40) hours per week between 7:00 a.m. and 7:00 p.m. (or 9:00 p.m. June 1 through Labor Day). Federal law does not limit work hours for minors age 16 and 17, regardless of whether or not school is in session. Except in limited circumstances, employers are generally prohibited from hiring minors under age 14. In addition to these federal restrictions, the following provisions address employment of minors in Hawaii. Additional Hawaii provisions regulate both the type and hours of work in which minors can engage. Note that the stricter law, the one that most benefits employees, prevails.

Types of Work

Minors Under Age 18

Generally, minors under age 18 cannot engage in work deemed to be hazardous by the Department of Labor. Additionally, Hawaii has extensive and stringent regulations limiting the types of work that may be performed by minors under age 18. Limitations include, but are not limited to: Work in factories or warehouses, work with certain machinery, various construction, mill, and slaughter house work, certain work involving cooking and kitchen machinery, mining or excavation work, and demolition work.
However, minors under age 18 may work in a non-hazardous capacity as: Newspaper delivery persons, golf caddies, domestic workers in private homes, assistants to a parent or guardian during non-school hours, and for religious or charitable nonprofit organizations.
There are additional regulations for minors working in occupations involving alcoholic beverages, coffee harvesting, pineapple harvesting, motor vehicles, and theatrical employment.
Minors Under Age 14
Employment of minors under age 14 is strictly limited. Employers of minors in this age group should consult their attorney or the Hawaii Department of Labor in order to ensure they are in compliance with both state and federal standards. Employers must also keep on file a valid certificate of employment when employing a minor under age 14.
Hours of Work
Minors Between 14 and 16
Minors between ages 14 and 16 may not work more than eight hours in one day, more than forty hours in one week, or more than six consecutive days per week. Such minors may not have in excess of ten combined work and school hours each day.
Minors Below 16
Minors below 16 may not work between 7:00 p.m. (9:00 p.m. from June 1 through Labor Day) and 7:00 a.m. (6:00 a.m. from June 1 through Labor Day).
Generally, minors under 16 cannot be employed during school hours, and full time school attendance is required of children age 6-18 with certain exceptions, including where permission is given by the minor’s school, or where the minor has graduated.
Permits and Postings
Age and employment certificates are required for employment of minors under age 18. Such certificates are issued by the Director of the Hawaii Department of Labor and Industrial Relations. Employers must keep certificates on file, and upon termination of a minor's employment, an employer is required to return the certificate reflecting the date of termination, to the Department of Labor.
For further information on child labor restrictions contact the Hawaii Department of Labor at 808-586-8842, or visit the Department web page at www.dlir.state.hi.us .
Child labor law can be both challenging and confusing. Employers of minors should closely review federal and state child labor law differences and contact their attorneys or the Department of Labor to ensure they are in full compliance.
COBRA

Insurance Continuation
Many states have legislation requiring small employers (those not subject to COBRA) to provide insurance continuation if an employee becomes ineligible for group coverage (such as through a termination). Such provisions are complex and very technical. You may want to contact your attorney or insurance broker to determine if you are meeting all applicable federal and state requirements.
Employee Conduct and Work Rules

Guns in the Workplace
Workplace violence continues to be a concern for employers. Many organizations adopt policies (such as the one found in the HRN manual) banning guns and other weapons on company property. However state law differs widely regarding employees’ weapons rights. You may want to contact the state employment agency or an attorney for further information regarding your specific policy and any possible liability that may result.
Equal Employment Opportunity and Equal Pay

Protected Individuals
Similar to federal law, Hawaii state law prohibits discrimination in employment or terms and conditions of employment based on the following: Race, color, religion, sex, age, national origin (including ancestry), and handicap or disability. The law applies to all private employers with one or more employees.
In addition, discrimination is precluded based on the following: Sexual harassment, sexual orientation, marital status, work injury, known relationship with a disabled person, arrest or court record not having a substantial relationship to a job, assignment of income to child support payment, absence for National Guard duty, and retaliation by an employer against employees exercising their rights.
The definition of sex includes pregnancy, childbirth or related medical conditions. Sexual orientation is defined as having a preference for heterosexuality, homosexuality, bisexuality, or a history of one of these preferences or being identified with one of these preferences. Hawaii law precludes compelling someone to disclose whether or not they have been tested for HIV or to consent to the release of AIDS medical information for employment. Included in unlawful discrimination is wage discrimination based on gender. Aiding or compelling discrimination is also prohibited.
Breastfeeding
Additionally, employers may not refuse to employ, terminate, withhold pay or otherwise penalize a lactating employee because she breastfeeds or expresses milk at the workplace. Companies must allow employees to express breastmilk in the workplace during meal or other rest periods.
Procedure
Complaints of discrimination are filed with the Hawaii Civil Rights Commission and can be remedied with injunctive relief (e.g., required hiring, reinstatement, cease and desist orders), damages and attorney's fees and costs. The state notice on sexual harassment must be posted by all employers.
For further equal employment information, and a list of permissible employment inquiries visit the Hawaii Civil Rights Commission web page at www.state.hi.us/hcrc.
Caution: Some municipalities may have adopted city ordinances expanding EEO protections. Please check local laws for more details.
Family and Medical Leave (FMLA)

The Hawaii Family Leave Act applies to all employers with one hundred or more employees. A Hawaii employer covered by this Act must give to any employee, who has worked for six consecutive months, four weeks of family leave during any calendar year for:
1. The birth or adoption of a child or
2. To care for the employee's child, spouse or parent with a serious health condition.
Under Hawaii law, unmarried individuals who are legally prohibited from marrying each other and have registered as reciprocal beneficiaries are entitled to some of the benefits ordinarily limited to married individuals, where expressly provided by law.
Leave can be paid, unpaid or a combination. An employer or employee may elect to substitute paid leave time for family leave except that sick leave cannot be substituted for family leave unless it is normally allowed for such purposes by an employer's policy or the employer and employee mutually agree. Intermittent leave must be allowed. When the employee can foresee the need for leave, the employee should provide the employer with notice of the need for leave time. The employer can require written certification of the reason for the leave.
On return from family leave, the employee must be reinstated to the position held before the leave, or to a position with equivalent pay, benefits and other terms and conditions. An employer cannot discriminate or retaliate against any employee exercising any rights under the Hawaii Family Leave Act. Violations of the law are punishable by civil lawsuits and criminal penalties.
Caution: Complying with the federal FMLA (and state law, if applicable) can be both challenging and confusing. You will likely want to contact your attorney, the Federal Department of Labor, or the Hawaii Department of Labor and Industrial Relations for further information and clarification.
Files and Access

Employee Inspection of File
Neither federal nor Hawaii law requires that employees who work for private companies be permitted to review their personnel files.
Privacy of Medical Records
Hawaii state law grants an individual a significant privacy interest in his/her medical records. Effective July 1, 2000 the law regulates the use and disclosure of medical information by employers and requires notice to employees of their right to medical information privacy. The notice must include information as specified in the statute.
Hiring Procedures

Job Application Processing Fee
No Hawaii employer may require an employee or applicant to pay a job application processing fee.
Credit and Investigative Checks
No Hawaii credit or investigative check requirements have been adopted that exceed those required by the federal Fair Credit Reporting Act and Consumer Credit Reform Act of 1996. Under federal law, employers may not obtain a consumer report, (which includes checks on an employee's or applicant's credit standing, and which is obtained through a consumer reporting agency), unless a clear and conspicuous written disclosure has been made to the applicant or employee before the report is performed and the employer obtains written authorization from the applicant or employee. The disclosure must be made in a separate written document (not as part of a job application or other form) and must consist solely of the disclosure. Credit checks must be used for employment purposes only and may not be used discriminatorily in violation of any applicable federal or state law or regulation. Employers must also make written disclosures of investigative reports where personal information such as the applicant's or employee's character, reputation, etc is obtained through interviews with neighbors, friends, and others.
Before an adverse employment action (such as refusal to hire) is taken based in whole or in part on information reported in a consumer or investigative report, the employer must inform the applicant or employee, and provide a copy of the report and a summary of consumer rights under the law. A post adverse action notice is also required under federal law. You may want to consult your legal counsel for detailed information.
Caution: While not always required by law, it is generally a good practice to get releases from applicants for any background checks undertaken. You may want to contact your attorney for release requirements and related details.
New Hire and Rehire Reporting
In an effort to improve child support enforcement efforts, the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 requires employers to report their new employees, rehires, or recalls to the state new hire registry.
A Hawaii employer is required to report rehires and new hires to the Hawaii Child Support Enforcement Agency in the State Attorney General's office. Information reported shall include the employer's name, address, federal identification number, and the employee's name, address and social security number. If W-4 forms or similar forms are used, reports are due within 20 days of hire. Alternatively, an employer may submit reports magnetically or electronically not less than 12 nor more than 16 days apart. Failure to file reports is punished by civil penalties.
Mandatory Background Checks
Many states require mandatory background checks of applicants in certain highly sensitive areas such as in teaching, childcare, healthcare and security positions. Such checks may include criminal history and fingerprint checks, various reporting requirements, and requiring job references. Contact your local state agency or attorney for further information.
Holidays

No Hawaii statute has been enacted requiring private employers to give employees paid holiday time off or to pay premium pay for time actually worked on holidays.
Jury, Witness, and Voting Leave

Jury & Witness Leave
A Hawaii employer cannot penalize, discipline or discharge an employee because the employee is absent from work for a jury summons or jury duty, or because the employee takes leave to serve as a witness. However, Hawaii law does not mandate that jury or witness leave be paid. Additionally, an employer cannot threaten a person's employment in order to deter the person from testifying truthfully in court. Violations of jury and witness leave laws may result in both criminal and civil liability.
Voting Leave
A Hawaii employer must allow an employee two consecutive hours to vote while polls are open, unless the employee otherwise has two consecutive non-working hours to vote. Voting leave must be given exclusive of lunch or rest periods. An employer can deduct the time off from an employee's pay if the employee does not vote but still takes leave. The employee must give reasonable notice of need for the leave and the employer can designate when the leave can occur.
Labor-Management Relations
Various labor relations laws allow and/or regulate the rights of employees to unionize, bargain collectively, file grievances, picket, strike, and wear union insignia and govern the resolution of labor disputes. Contact the Hawaii Department of Labor and Industrial Relations or Hawaii Labor Relations Board for more information. Note also that federal law governs, and in fact pre-empts, many aspects of this area of law.
Layoff and Reduction in Force

To protect employees from sudden closures and layoffs, Hawaii has enacted a dislocated workers law. The law requires that an employer with 50 or more employees give 60 days notice before a plant closing, partial closing or relocation. "Partial closing" is defined as permanent termination of a portion of a plant's operations due to sale, transfer, merger, business takeover or other business transaction that results in the termination of a portion of the employees.
Employers must also pay a dislocated worker allowance to employees found eligible for unemployment compensation. This allowance is the difference between the employee's average weekly wages and the unemployment compensation received. The employer is liable for a maximum of four weeks of the dislocated worker allowance. The employer is obligated to promptly pay final wages at the date of closure or relocation. An employer who fails to comply with the law is subject to civil lawsuits and employee lawsuits.
Note: Employers are also subject to the federal WARN Act.
Medical Testing and Examinations

Drug and Alcohol Testing
Hawaii has adopted strict regulations for substance abuse testing.
Overview
In Hawaii, no drug testing is allowed unless done in strict accord with Hawaii’s Substance Abuse Testing statute. Under the statute, only laboratories approved and licensed by the Department of Health may conduct substance abuse tests. All tests and confirming tests must be paid for by the employer. Prior to the test, the employee must be provided a written statement detailing the specific substances to be tested and a statement indicating that use of over-the-counter medications may cause false-positive. Additionally, the employee must be provided an over-the-counter drug disclosure form. Without the specific written consent of the employee, the test results cannot be disclosed to anyone except the employee and the employer/decision maker.
Employer Policies
Employers planning to engage in drug testing should implement policies including, but not necessarily limited to the following:
1. What sort of testing will occur?
2. Consequences of positive tests and refusals to test.
3. Legal rights of persons subject to testing.
4. Confidentiality requirements.
5. Details of the employer's employee assistance program.
6. Employee rights to contest test results.

Notice of all these matters must be given generally at least 60 days before a testing program begins.
Testing Requirement
Testing should generally be conducted under the following guidelines:
1. State Board of Worker's Compensation rules must be followed.
2. Testing can be conducted: of applicants, under reasonable suspicion, as part of routine fitness-for-duty examinations, in rehabilitation circumstances, after job-related injuries, or on a random basis.

3. Specimens must be collected with due regard to privacy and in a manner reasonably calculated to prevent substitution or contamination.
4. Specimens must be labeled.
5. The person tested must be allowed to provide any information he or she believes is relevant to the test.
6. Specimen storage and transportation must be done so as to reasonably preclude contamination or adulteration.
7. Tests must be conducted by a certified laboratory.
8. Specimens may be collected by: a physician, physician's assistant, registered nurse (including LPN), nurse practitioner or a certified paramedic, or other certified and qualified person.
9. Within 5 days of receiving a confirmed positive test, the employee must be notified in writing of the result.
10. On request, other results must be given to the employee or applicant.
11. Initial positive tests must be confirmed.
12. Although the employer must bear the costs of the initial test, the employee must pay the costs of any additional testing not required by the employer.
Reasonable suspicion testing must be documented by a written statement of the basis of the suspicion.
All information related to employee testing must be kept strictly confidential. Other requirements may also be applicable to employers implementing a drug free workplace program.
Medical Examinations
Hawaii employers must pay for any medical examinations they require. (However, federal provisions in the Employee Retirement Income Security Act (ERISA) may supersede Hawaii law to the extent that it modifies an employee benefits agreement. This is a complex issue, and you may want to contact your attorney for further explanation.) As with Federal law, the types and purposes for pre and post employment medical tests are strictly limited.
Genetic Testing
Hawaii prohibits employment discrimination on the basis of genetic conditions or carrier status. The state also prohibits genetic testing or genetic information as a prerequisite to obtaining group health insurance. An employer planning to implement a genetic testing program should contact an attorney or the Department of Labor for further information.
HIV Testing
Hawaii law requires the prior written consent of employees before their body fluid or tissues may be tested for HIV infection.
Caution: In addition to state law, employers should also ensure that any testing undertaken conforms with federal law (e.g., the ADA and FMLA). Contact your attorney if you propose to undertake such testing.
Military Leave

Hawaii employers must give employees who are members of the National Guard a leave of absence from employment for performance of ordered National Guard Service. After service, if still qualified, the employee must be restored to his or her previous job or one with like seniority, status and pay. If not so qualified because of a service-sustained disability, the employee should be offered a job for which he or she is qualified and which can provide the nearest approximation of seniority, status and pay, unless the employer's circumstances have so changed as to make this impossible or unreasonable. A person restored to a job under these circumstances shall be considered to have been on leave and shall be restored without loss of seniority and be allowed to participate in whatever benefits were available when service was ordered. The employee cannot be discharged without cause for one year after reinstatement. Employees cannot otherwise be discriminated against because of involvement with the National Guard.
You may want to contact your attorney or the Hawaii Department of Labor and Industrial Relations for more information.
Caution: Military leave legislation is complicated and technical. In addition to any applicable state law requirements, employers should ensure that they are in compliance with federal laws.
Noncompetition Agreements
In Hawaii it is lawful for an employer to enter into a noncompete agreement with employees if the agreement is to protect trade secrets (including confidential pricing information and customer lists) and does not create a monopoly or substantially lessen competition. Such agreements also must be reasonable in duration and not impose an undue hardship on the employee or injure the public.
Overtime

No Hawaii statute has been enacted that exceeds federal requirements requiring overtime payment of one and one-half times regular pay after 40 hours worked/week.
Polygraph/Lie Detector Tests
No Hawaii employer can require any employee or prospective employee to take or submit to a polygraph as a condition of obtaining or retaining employment, nor can an employer discipline or discharge an employee for failing, refusing or declining a polygraph examination.
Caution: Polygraph legislation is complex. In addition to any applicable state law requirements, employers should ensure they are in compliance with federal law.
Reference Requests

Protection for Employers
Employers who act in good faith and provide references involving a past or present employee's job performance, professional conduct, or evaluation may not be held civilly liable for the disclosure or consequences of providing the information. Such information must have been provided at the request of a prospective employer. However, it is recommended that only documented "facts,” rather than opinions, be shared, as this protection from lawsuit may be lost if a preponderance of the evidence shows that the information or opinion given was knowingly misleading or false. You may want to consult your attorney to determine what kind of information regarding employees is appropriate for your organization to provide.
Sick Leave

No Hawaii statute requires employers to provide paid sick leave or to pay for accrued paid sick leave at termination. However, they are required to notify employees of sick leave policies in writing or through a poster.
Caution: If sick leave is provided, employers should ensure that it is provided on a non-discriminatory basis and in accordance with established policy and practice.
Smoking

Designated Areas
The employer must conspicuously post signs stating “Smoking prohibited by Law” to signify areas in which smoking is prohibited. The smoking policy must be announced and posted within two weeks of the vote on the issue. Violations of the law are punishable with civil penalties.
Written Policy
Every employer in Hawaii must adopt, implement and maintain a written smoking policy which shall contain at least the following elements:

1. If a non-smoking employee objects to smoke in the workplace, the employer must use existing means of ventilation and space to accommodate the differences of smoking and nonsmoking employees.
2. If no such accommodation can be reached, the will of a simple majority in the affected area should prevail as to whether it will be a smoking or nonsmoking area.
Temporary Disability Benefits
A Hawaii employer with one or more employees (and note that certain exceptions exist) must provide temporary disability benefits to a current employee who suffers from a disability resulting from accident, sickness, pregnancy, or termination of pregnancy, except for worker's compensation injuries. Contact the Hawaii Department of Labor and Industrial Relations for more information.
Termination Procedures

Paychecks
Upon termination of employment, a discharged employee must be paid final wages on the day of termination, or if immediate payment is not possible, on the next workday. A quitting employee must be paid at the next regular payday or, if a one week notice was given, at the time of termination. If an employer requires advance notice and an employee is terminated without good cause before the notice time is complete, the employee must be paid through the notice time.
Unemployment Compensation
Extensive laws cover this area in Hawaii. Contact the Hawaii Department of Labor and Industrial Relations for further information.
Vacations

Payment at Termination
No Hawaii statute requires employers to provide paid vacation or to pay for accrued vacation at termination. However, the state may so require by case law or regulatory interpretation. Employers are required to conspicuously post their vacation policies or notify each employee.
Caution: If paid vacation leave is provided, employers should ensure that it is provided on a non-discriminatory basis and in accordance with established policy and practice.
Wages and Hours
Paydays
A Hawaii employer must pay an employee all wages due at least twice a calendar month on regular paydays designated in advance and within seven days of the end of the pay period. Less frequent pay periods may be allowed under a Collective Bargaining Agreement, or by the Director of the Hawaii Department of Labor and Industrial Relations.
Minimum Wage
Effective January 1, 2003, the minimum wage in Hawaii is $6.25 per hour. Hawaii requires an employer to post a notice outlining the state's minimum wage. Employees with guaranteed compensation of over $2,000 per month are exempt from the state’s minimum wage requirement.
Withholding or Docking Pay
Hawaii employers may not withhold or “dock” wages unless required by federal or state statute, by court process, or unless an employee has authorized a deduction or retention in writing, and the deduction is permissible under Hawaii law.
Deductions cannot be made, or authorization for deductions sought, for the following:
1. Fines.
2. Cash shortages in a common money till where the employee is not given the opportunity to account before and after a shift.
3. Breakage fines or replacement.
4. Losses due to dishonored checks.
5. Losses due to faulty workmanship, lost or stolen property, customer credit default or non-payment, unless such losses are due to unlawful or intentional disregard.
6. Costs of physical examinations or medical reports.
An employer also cannot require an employee to pay an application processing fee.
Deceased Employees
A Hawaii employer, within 30 days of an employee's death, must pay wages and vacation and sick pay (up to $2,000) to the employee's surviving spouse or adult child. An employer can require proof of such relationship to the deceased employee.
Garnishment
A Hawaii employer cannot discharge or discipline an employee because he or she has been the subject of an income withholding order or garnishment or because the employee filed bankruptcy proceedings.
Direct Deposit
While no Hawaii law has been enacted, Hawaii Department of Labor and Industrial Relations policy allows direct deposit with an employee’s revocable consent. A written notice must be given to each participating employee detailing the mechanics of the direct deposit program.
Notification
An employer must notify its employees, in advance and in writing or by a posted notice, of any changes in pay arrangements and of any policies regarding vacation pay, sick leave and holiday pay. Each employee must be given a statement on pay day outlining gross wages, itemized deductions, net pay, payment date and pay period covered by the payment.
Hawaii requires employers to post a notice outlining these requirements. Hawaii employers must keep records of the name, address and occupation of each employee, hours worked each pay period, and amount paid each pay period.
Living Wage
A number of local governments (e.g. cities, towns, counties, school districts, etc.) have enacted laws known as “Living Wage” ordinances. These laws, although not always imposing the same types of requirements, typically mandate that any entity contracting or doing business with the local government or getting a tax abatement from the local government must pay its employees a set wage. The ordinances are typically called Living Wage ordinances because the set wage rate is typically much higher than the applicable minimum wage, thus better allowing the employees to live on the wage.
No local governments in Hawaii have adopted living wage ordinances as of January 1, 2003. However, this area of law is developing rapidly. For more information, including recent developments, see www.livingwage.com.

Whistleblower Protection
A Hawaii employer cannot discharge, discipline or discriminate against an employee for:
1. Directly or indirectly reporting a suspected violation of law.
2. Being asked by a public body to participate in an investigation, hearing, or inquiry.
Worker's Compensation
Extensive laws cover this area in Hawaii. Contact the Hawaii Department of Labor and Industrial Relations for further information.


Pre-Employment Inquiry Guide
To access this guide, go to http://www.state.hi.us/hcrc/brochures.html
Required Posters
Listed below are the current listings for government agencies from which required posters can be obtained. Posters frequently can be obtained free of charge. Poster requirements may change from time to time, and employers should check to assure up to date compliance.
Required Federal Posters

• Fair Labor Standards Act (FLSA) Minimum Wage
• Family Medical Leave Act (FMLA)
• Job Safety and Health Protection – Occupational Safety and Health
• Equal Employment Opportunity Act
• Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
• Notice to Work with Disabilities (FLSA, SCA, and Walsh-Healey Act)
• Employee Polygraph Protection Act (EPPA)

These posters can be accessed at the Department of Labor website: www.dol.gov/osbp/sbrefa/poster/main.htm.

Required Hawaii Posters and Contacts

• Job Safety and Health Protection Hawaii Occupational Safety & Health Division
830 Punchbowl Street Room 423
Honolulu, Hawaii 96813
808-586-9100
www.dlir.state.hi.us

• Unemployment Insurance
• Workers’ Compensation Insurance
• Disability Compensation
• Minimum Wage
• Payment of Wages Hawaii Dept. of Labor & Industrial Relations
830 Punchbowl Street
Honolulu, Hawaii 96813
808-586-9100
www.dlir.state.hi.us/