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Employer Liability: Hawaii

Employer Liability requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Susan Borowski


  • The Hawaii Employment Relations Act lists actions that are considered unfair labor practices for private employers under the state law. See Unfair Labor Practices.
  • Employers may be liable for reinstatement, backpay, and civil penalties for committing unfair labor practices. See Penalties for Unfair Labor Practices.
  • There are separate penalties for resisting or interfering with a member of the Hawaii Labor Relations Board. See Penalties for Unfair Labor Practices.
  • There are penalties for employers that engage in unlawful conduct during a strike. See Unlawful Conduct Relative to Strikes.
  • The Hawaii Public Employment Relations Act outlines unfair labor practices for public employers and penalties for interfering with agents of the Hawaii Labor Relations Board. See Public Employers.
  • Both private and public employees enjoy whistleblower protection under state law, which includes protection when reporting violations of labor laws. See Whistleblower Protection.
  • Reinstatement of employees with backpay, fines up to $5,000, and other remedies face employers that violate the state whistleblower statute. See Whistleblower Penalties.