This is a preview. To continue reading, register for free access now. Register Now or Log in

Recruiting: Hawaii

Recruiting requirements for other states

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

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


  • Employers that adopt English-only rules out of business necessity must notify employees of the rule and the consequences of violating the rule. See Advertising Dos and Don'ts.
  • Employers advertising positions with specific language requirements must be able to prove that the language requirement is a bona fide occupational qualification. See Advertising Dos and Don'ts.
  • Hawaii goes beyond federal law in protecting job applicants and employees during the recruitment process. See Hawaii Fair Employment Practices Act.
  • In Hawaii, the burden is on the employer to prove that an individual qualifies for independent contractor status. Accordingly, employers should be cautious when recruiting independent contractors. See Outsourcing and Independent Contractors.
  • Hawaii has strict laws restricting the employment of minors under the age of 18. See Recruiting Underage Workers.