Employee Classification: Hawaii

This item is part of Employee Classification.

The below content should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.

Author: Anna Elento-Sneed, Alston Hunt Floyd & Ing

Summary

  • Hawaii's wage and hour law is similar to the federal Fair Labor Standards Act, but the state law applies to all employers regardless of size. The Hawaii Department of Labor and Industrial Relations (DLIR) will follow federal wage and hour laws unless there are specific state statutes or regulations to the contrary.
  • Under Hawaii law, employees must receive a fixed salary of not less than $210 per week. See The Salary Basis Test.
  • The definitions of exempt executives, administrators, professionals and outside salespersons under state law are similar to the definitions under federal law. However, Hawaii does not recognize an exemption for computer employees. See Minimum Wage and Overtime Exemptions.
  • Hawaii recognizes two additional categories of exempt employees, supervisors and outside collectors. See Minimum Wage and Overtime Exemptions.
  • There are also limited overtime exemptions for certain airline employees and agricultural employees. See Overtime-Only Exemptions.