Knowledge — 1 month ago

Hawaii Employment Law Explained in Full

by Toni S.

Hawaii Employment Law, Hawaii Employment Laws

Hawaii Employment Laws: What are Employment Laws in Hawaii?

Labor laws or employment laws are a set of regulations which codifies the rights, duties, and obligations for employees, employers and labor unions; with the core tenet of correcting the inequalities in bargaining capabilities between parties within a business organization. Throughout the previous century, the United States has codified the minimum set of socio-economic rights and benefits into law, starting with the Fair Labor Standards Act of 1938; and encouraging various states of the union to go above and beyond.

Labor Laws in Hawaii
The state of Hawaii has codified certain regulations that employers must adhere to while employing people across the state of Hawaii, and administered by the Department of Labor and Industrial Relations. These laws are categorized into the following sections:

Wage and Hour Laws: The minimum wage in Hawaii is set at $10.10, starting from January 1, 2018. Also, employees need to be paid over one and a half times of their regular wages as overtime for any work being done exceeding forty hours in a single workweek. Employees are entitled to be paid at least twice a month on regular paydays; either in cash or checks converted into cash or directly to the employees account held at a federally insured depository institution such as a bank, within seven days after the end of the designated pay period.

Hawaii Employment Law
Employees need to be notified in writing beforehand about the rate of pay and the designated paydays. Furthermore, employers are prohibited from withholding wages. Employees have the right to ask for unpaid job-protected leave for up to 4 weeks for the birth or adoption of a child or for caring for a direct family member with a serious health condition. 
 
Disability Compensation Law: Employees have the right to receive compensation benefits in case of a work-related injury; with the entitlement extended to all expenses accrued from hospital services, surgeries, and medication. In case of disability, the employee can claim sixty-six and two-thirds of the nominal average weekly pay to replace wage loss; and in case of death, burial and funeral expenses as well as weekly benefits to dependents.

Employees also have the right to enroll to avail services of prepaid healthcare after four consecutive weeks of employment with a minimum of twenty hours worked each week. If the employee has to bear the premium cost, it cannot exceed 1.5% of monthly wages or half the premium, whichever is lower.

Hawaii Employment Laws

Prohibition of Employment Discrimination: Employers cannot discriminate a candidate by their race, sex, gender identity or orientation, age, religion, color, ancestry, marital status, or as a victim of domestic or sexual abuse. According to Hawaii labor laws, sexual harassment by a supervisor or a coworker is considered as a form of sexual discrimination.

Occupational Safety and Health Laws: Employees have a right to demand a safe and healthful workplace, and have the right to notify employers about workplace hazards. The Hawaii Occupational Safety and Health Law of 1972 ensure that employees can anonymously notify the Hawaii Occupational Safety and Health Division (HIOSH) and can request for inspection by the same. Furthermore, employees have the right to demand copies of medical records or records of exposure to toxic or harmful chemicals. Also, employers are required to provide prior training to all workers in the language and vocabulary they can understand.

Unemployment Benefits: Employees have the right to unemployment benefits if they lose their jobs or their work hours are reduced substantially without any fault of their own. Affected employees have the right to file and claim unemployment insurance benefits either online or in-person at the local claims office.

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