Hawaii Expanded Paystub Information, Recordkeeping Requirements Take Effect

Author: Rena Pirsos, XpertHR Legal Editor

Effective January 1, Hawaii employers are required to provide much more detailed information on the pay statements they provide to their employees each payday. Hawaii law now requires that employers include additional information in their employee records as well.

Pay statements must list all of the following information:

• Employee's name;
• Employer's name, address and telephone number;
• Employee's total hours worked;
• Employee's regular and overtime hours and pay;
• Employee's straight-time pay;
• Any other compensation paid to the employee, including any allowances claimed as part of the minimum wage;
• Employee's total gross compensation;
• Amount and purpose of each deduction (except that deductions authorized by the employee may be aggregated);
• Employee's total net pay;
• Date of payment;
• Inclusive dates of the period for which the employee is being paid;
• Employee's rate(s), and basis, of pay whether by the hour, shift, day, week, salary, piece, commission or other basis, including the overtime rate(s) of pay; and
• For piece rate employees, the applicable piece rate(s) of pay and the number of pieces completed at each rate.

Hawaii employers are also reminded that they are permitted to provide pay statements to employees by electronic means if certain requirements are met. These include: (i) providing employees with prior written notice; (ii) obtaining an employee's voluntary written consent, with the option to revoke the consent at any time; and (iii) giving employees written instructions on how to retrieve and print out the electronic statements.

In addition, employer recordkeeping requirements have been expanded. On premises where one or more employees work, an employer must keep a contemporaneous, true and accurate record of the:

• Name, address and occupation of each employee;
• The amount paid each pay period to each employee;
• The hours worked each day and each workweek by each employee;
• The rate(s), and basis, of pay of each employee, whether paid by the hour, shift, day, week, salary, piece, commission or other basis, gross wages, deductions, any allowances claimed as part of the minimum wage and net wages; and
• Any other information, and for the periods of time that, the labor director may require.

An employer must permit the labor director, or an authorized representative, to access and copy the records for inspection purposes, and must provide the director with any other information needed regarding the employment of workers.