HI · state labor law, 2026
Hawaii labor laws: minimum wage, overtime, leave, final pay and breaks
A minimum wage that jumped in January and then pauses until 2028, a tip credit with a condition no other state copies, and no sick leave mandate.
Hawaii and federal rules checked on official sources on · Checked by Radif Partners · How we calculate
- Minimum wage now
- $16.00/h
- statewide
- Next change
- none announced
- checked October 11, 2026
- Tipped cash wage
- $14.75/h
- tips must make up the rest
- Overtime
- 40 h/week
- state law
- Paid sick leave
- no state law
- employer policy
- Paid family leave
- no program
- FMLA is unpaid
Hawaii pays a minimum wage of $16.00 an hour in 2026, up from $14.00 last year, and the next step is $18.00 on January 1, 2028, with no change at all in 2027. A full-time year at the current rate comes to $33,280 before taxes. Restaurants and hotels may count tips toward only $1.25 of that wage, paying a cash wage of $14.75, and only for workers whose employer pay plus tips reaches at least $23.00 an hour. Overtime follows the weekly 40-hour rule, while anyone guaranteed $4,000 or more a month falls outside the state overtime law. There is no paid sick leave mandate, but Temporary Disability Insurance replaces part of your wages when you cannot work because of an illness or injury off the job. A fired worker is paid on the spot or by the next working day.
Gross pay for this week in Hawaii
$640
Time and a half after 40 hours in a week
| Minimum wage in Hawaii now | $16 an hour |
| Your rate against it | At or above the minimum |
| Overtime: none this week | $0 |
| Paid sick leave earned in a year | No statewide paid sick leave law |
| Breaks owed in a 8-hour shift | None for adults (minors only) |
| Final paycheck if fired | at the time of discharge or no later than the next working day |
| Unused vacation at the end | Paid out if the employer policy or contract says so |
| Paid family leave | No state program |
40 hours a week at $16. State rule applied. Minimum wage, overtime and leave rules have exceptions by employer size and industry. How this is calculated.
The $23.00 condition behind the Hawaii tip credit
Most states that allow a tip credit let the employer subtract several dollars from the hourly wage as long as tips fill the hole. Hawaii keeps the deduction small, $1.25 an hour in 2026 and 2027, and attaches a test to it: the worker's combined pay from the employer and tips must come to at least $7.00 above the minimum wage, which means $23.00 an hour this year. A breakfast server in Kailua who averages $4 an hour in tips stays well under that line, so the restaurant owes the full $16.00 and may not drop to $14.75. A Waikiki bartender averaging $12 in tips clears it easily, and the employer may then use the credit. The Wage Standards Division explains the test in its tip credit notice. Few places attach such a condition, which is why tipped wages in other states compare poorly with Hawaii.
A pause in 2027, then $18.00
The law that raised the floor wrote its steps two years apart. After $16.00 in January 2026, no increase arrives on January 1, 2027, and the following step is $18.00 in January 1, 2028. For someone working 40 hours a week all year, that later step is worth $4,160 before taxes. Hawaii has no county or city minimum wage, so a cook on Maui and a cashier in Hilo share the same rate.
Salaried at $4,000 a month: outside the state overtime law
Overtime under Hawaii law is time and a half after 40 hours in a week, with no daily threshold for private employers; the 8-hour daily rule covers only state and county public works construction. The state exempts any employee guaranteed $4,000 or more a month, about $48,000 a year, whatever the job duties. That does not end the matter: most employers are also covered by the federal Fair Labor Standards Act, whose exemption requires a salary of at least $684 a week and duties that really are executive, administrative or professional. A well-paid dispatcher with no managerial role can therefore fall outside the state rule and still be owed federal overtime.
Illness and family care without a paid leave program
No Hawaii statute requires paid sick days in the private sector. Employers that offer them must set out the policy in writing, and those with 100 or more employees must let staff use up to 10 days of that sick leave to care for a relative. What Hawaii does have is Temporary Disability Insurance, an employer-provided benefit for an employee's own illness or injury off the job: it starts on the 8th day of disability, lasts up to 26 weeks and pays 58% of average weekly wages up to a yearly cap set by the Disability Compensation Division. Family care is covered by the Hawaii Family Leave Law: 4 weeks of unpaid, job-protected leave a year at employers with 100 or more workers in the state, open after 6 months of service with no hours test, unlike the 1,250 hours the FMLA demands.
Paydays and the last check
Wages are paid at least twice a month, within seven days after each pay period closes. A discharged worker receives everything at the time of discharge or by the next working day. Someone who resigns is paid by the next regular payday, or on the last day when they gave a full pay period of notice. Vacation pay depends entirely on the employer's written policy. A wage claim goes to the Wage Standards Division, which decides it; an employment lawyer can look at a particular case.
If you were let go today
Employment rule
At will
| Final pay | at the time of discharge or no later than the next working day |
| Unused vacation | per written policy |
| Right-to-work state | no |
Hawaii employment rules at a glance, 2026
Minimum wage schedule
| From | Who it covers | Rate | Note |
|---|---|---|---|
| January 1, 2026 | Statewide | $16.00 | next step: $18.00 on 2028-01-01 |
Workers covered by both laws get the higher rate. Read the Hawaii rule.
Overtime
Time and a half after 40 hours in a week. The salary test for exempt employees is the federal $684 a week. Daily overtime (after 8 hours) applies only on State or county public works construction projects (HRS 104-2(c)). source
Sick leave and family leave
Hawaii has no statewide paid sick leave law for private employers; leave depends on the employer's policy or a city ordinance. source
No state paid family leave insurance: the federal FMLA gives eligible workers up to 12 weeks of unpaid, job-protected leave. Hawaii Family Leave Law (HRS ch. 398): up to 4 weeks of unpaid, job-protected family leave per year for employees with 6 consecutive months of service, at employers with 100+ employees in Hawaii (no minimum-hours requirement, unlike FMLA) source
Final paycheck and unused vacation
Fired or laid off: at the time of discharge or no later than the next working day. Quitting: by the next regular payday; immediately at quitting if the employee gave at least one pay period's notice; with notice: one pay period. Vacation: No law requires paid vacation or its payout; the employer's written policy (which must be made available to employees) governs.. source vacation rule
Meal and rest breaks
No meal break is required for adults by state law. No paid rest break is required for adults. Minors aged 14-15: a 30-minute rest or meal period after 5 consecutive hours of work (HRS 390-2(c)(3)). Rest breaks of 5-20 minutes, when given, are paid time. source
Unions and dismissal
Hawaii has no right-to-work law, so a union contract may require a fee from the workers it covers. Employment is at will: either side may end it at any time, except for an illegal reason such as discrimination or retaliation, or against a contract.
Also worth knowing in Hawaii
- Hawaii's minimum wage rose from $14.00 to $16.00 on January 1, 2026 and is scheduled to reach $18.00 on January 1, 2028 (no 2027 increase). source
- Tip credit is allowed only when the worker's wages plus tips are at least $7.00 an hour above the minimum wage, an unusual condition among tip-credit states. source
- Wages must be paid at least twice a month and within seven days after the end of each pay period (HRS 388-2). source