Hawaii Payroll Laws

Hawaii Overtime: What you need to know

Under Hawaii's overtime law, an employer must pay each employee overtime in the amount of 11/2 times the employee's regular rate for hours worked in excess of 40 in a workweek (HI Rev. Stat. Sec. 387-3). Hawaii does not require overtime pay for hours worked in excess of 8 per day or on weekends or holidays. Because this rate is the same as that prescribed by the federal law, the net effect of the state law is to extend overtime protections to workers not covered by the federal standard.

Hawaii exempts executive, administrative, and professional employees from the overtime provisions (HI Admin. Code Sec. 12-21-6).

Additional occupations and industries exempt from Hawaii's overtime provisions include the following (HI Rev. Stat. Sec. 387-1):

• Employees receiving a guaranteed monthly salary of at least $2,000, whether paid weekly, biweekly, or monthly

• Outside salespersons

• Salespersons employed by licensed car or truck dealers

• Domestic servants

• Employer's relatives, including the individual's brother, sister, brother-in-law, sister-in-law, son, daughter, spouse, parent, or parent-in-law

• Houseparents in charitable child welfare shelters

• Agricultural workers employed by employer having fewer than 20 employees in a week

• Agricultural workers engaged in coffee harvesting during a workweek

• Fishermen and seafarers

• Taxi drivers (drivers of vehicles for sightseeing tours are not exempt)

• Golf caddies

• Students working for their nonprofit schools

• Seasonal employees of certain youth camps

Certain employers are allowed to select 20 workweeks per year during which they are not required to pay overtime until an employee exceeds 48 hours of work (HI Rev. ...

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