Hawaii Wage and Hour Law Poster Required
The Wage and Hour Law is a labor law posters poster by the Hawaii Department Of Labor and Industrial Relations. This is a mandatory posting for all employers in Hawaii, and businesses who fail to comply may be subject to fines or sanctions.
This poster must be posted in a conspicuous place where all employees will see it. As of 2020, this poster describes the minimum wage, how overtime is dealt with and the right employees have to be notified their rate of pay and paydays. The law poster also details that employees cannot have their wages withheld by their employers, have the right to collect unpaid wages, and the right for family leave if a child is born or adopted by an employee. Other rights include the right to be paid the prevailing wages on government construction projects, the right to refuse a lie detector test, the right to file a complaint if suspended, discharged, or discriminated against solely because of a work injury for an employee getting Workers' Compensation under the Wage Standards Division.
HI All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both Hawaii and Federal poster requirements by clicking here .
Updated 01/02/2024 Minimum Wage - You have the right to receive a minimum wage of at least $14.00 per hour beginning January 1, 2024; at least $16.00 per hour beginning January 1, 2026; and at least $18.00 per hour beginning January 1, 2 028. Under certain conditions, “tipped employees” may be paid less per hour. Overtime - You have the right to be paid overtime at least one and one-h alf times your regular rate for all hours worked in excess of 40 in a workweek. The law also requires employers to maintain payroll records for at least 6 y ears. •The Hawaii Wage and Hour Law exempts certain types of employment from minimum wage and overtime, such as outside salespersons and employees in an executive, administrative, supervisory, or professional capacity. Payment of Wages - You have the right to be paid at least twice monthly on regular paydays designated in advance in cash, by checks convertible into cash, or within certain requirements, by direct deposit into the employee's account at a federally insured depository institution or pay card; with in 7 days after the end of each pay period; paid wages in full at the time of discharge or no later than the next working day; or paid no later than the next regular payday if you quit or resign. However, if you give your employer one pay period’s notice of your intention to quit, you must be paid on your last day of employment. Notification Requirements - You have the right to be notified in writing at the time of hire of your rate of pay and the paydays. Any changes in pay arrangements prior to the time of such changes, and of any policies with regard to vacation, sick, or holiday pay must be made in writing or through a posted notice. You must also be furnished with a pay statement on payday showing gross wages, amount and purpose of each deduction, ne t pay, date of payment , and pay period covered. If your employer requires that you give advance notice of quitting and you are terminated after giving that notice, your employer is liable for the wages you would have earned up to the last day you intended to work unless you were terminated for cause. Withholding of Wages - You have the right to ensure that there are no wrongful withholdings of your wages. Your employer may not collect, deduct or obtain authorization to deduct for: • Fines (For example - an amount you must pay to your employer for being tardy.) • Cash shortages in a common cash register or cash box used by two or more people, or in a cash regi ster or cash box under your sole control unless given an opportunity to account for all moneys received at the start of a shift and all monies turned in at the end of a shift. • Penalties or replacement costs for breakage. • Losses due to your acceptance of checks which are later dishonored if the employer has authorized you to accept checks. • Losses due to faulty workmanship, lost or stolen property, damage to property, or default of customer credit or nonpayment for goods or services received by customers, as long as those losses are not due to your willful or intentional disregard of the employer’s interes t. Your employer or prospective employer cannot require you to pay a job application processing fee. Your employer may deduct state and federal withholding taxes, amounts specified by court orders and amounts you authorized in writing. Collection of Unpai d Wages - You have the right to file a complaint for unpaid wages with the Wage Standards Division within one year from the time the wages became due. Certain executives, administrators, professionals and outside salespersons may need to file a claim in a court of competent jurisdiction. Hawaii Family Leave Law - You have the right to receive up to 4 weeks of unpaid, job- protected leave for the birth or adoption of your child, or to care for your child, parent, sibling, spouse, grandchild, or reciprocal beneficiary with a serious health condition. You are eligible only if you have at least 6 consecutive months of service, and your employer has 100 or more employees. Accrued paid leaves may be substituted for any part of the 4- week period. If your employer provides for paid sick leave, you may use up to 10 days of your accrued and available sick leave per year unless a collective bargaining agreement provides for more than 10 days. Prevailing Wages and Overtime on State and County Government Construction Projects - You have the right to be paid the prevailing wages on government construction projects. Updated 01/02/2024 Lie Detector Tests - You have the right to refuse a lie detector test. Work Injury - You have the right to file a complaint if you feel that you have been suspended, discharged, or discriminated against solely because of a work injury that is compensable under the Workers’ Compensation Laws, e xcept under certain circumstances . Wage Standards Division: This notice provides general background information on Hawaii Wage and Hour laws and is not intended to serve as a substitute for legal counsel. For specific legal advice on individual situations, please consult an attorney. Jade T. Butay, Director Department of Labor a nd Industrial Relations *Yo u may satisfy Hawaii Labor Laws’ posting requirements by posting our official labor law poster. For more information: http://labor.hawaii.gov/labor -law -poster Equal O pportunity E mployer/Program Auxiliary aids and services are available upon request to individuals with disabilities. TDD/TTY Dial 711 then ask for (808) 586-88 42 Oahu: 586 -8777 Hilo: 974 -6464 Maui: 243 -5322 Kona: 322 -4808 Kauai: 274 -3351 Workers' Compensation - You have the right to receive workers' compensation benefits and medical care if you suffer a work- related injury. You must report the date, time and circumstance of your injury immediately to your employer or supervisor. Giv e the name of the insurer to your doctor so that your doctor will know where to send the physician's report. If your employer does n ot file a report of the injury, you may file a written claim with the Dis ability Compensation Division. You do not pay for the premium c ost; your employer pays the entire amount. You are entitled to all required medical, surgical and hospital services and supplies including medication; weekly benefits fr om the fourth day of disability to replace wage loss, representing 66 2/3% of your average weekly wage but not more than the maximum weekly benefit amount annually set by the Department; additiona l benefits if the injury results in permanent disability or disfigurement; vocational rehabilitation, if appropriate; funeral and burial e xpenses if the work injury results in death; and additional wee kly benefits to the surviving spouse and other dependents. Temporary Disability Insurance - You have the right to file a claim for temporary disability insurance benefits within 90 days from the date of disability if you suffer a disabling non-work- related injury/illness or inability to work because of your pregnancy. Your employer or insurance carrier should furnish you with a TD I-45 claim form or some other authorized claim form. You may receive TDI benefits if a physician properly certifies your inability to work. Generally, you must have worked for an employer in Hawa ii at least two weeks before your disability. During the last 52 weeks, you must have: worked for at least 14 weeks; been paid for at leas t 20 hours per week; and earned at least $400. After a 7 consecutive day waiting period, you will be paid 58% of your average weekly wage, not to exceed the maximum in the T DI law. Your employer may have an "equivalent" plan approved by th e Department, which may provide different benefits. You should ask your employer for details if they have an "equivalent" plan. You may be required by your employer to share in the premium cost. Your share cannot be more than one-half of the cost and sho uld not exceed .5% of your weekly wages. Your employer pays the rem aining portion exceeding the prescribed limitation. If you are not eligible for benefits (see second paragraph above), your employ er cannot deduct any contributions from you to share in the premium cost. Prepaid Health Care - You have the right to enroll in your employer's prepaid health care insurance plan af ter 4 consecutive weeks of employment where you have worked at least 20 hours each week. T he Department of Labor & Industrial Relations must approve the health care plan and include insurance coverage for hospita l, surgical, medical, diagnostic and maternity medical care. You should claim benefits under this program if a non-work-rela ted injury or illness requires medical care. Give your doctor or hospital the name of your employer's health care contractor and the plan name. If you are required to share in the premium cost for your coverage, your share cannot be more than 1.5% of your monthly wages or one-half the premium cost (whichever is less). Your employer pays the balance. Disability Compensation Division: Oahu 586-9161 (Workers' Compensation)586-9188 (Temporary Disability I nsurance and Prepaid Health Car e) Hilo 974-6464 Kona 322-4808 Maui . 243-5322 Kauai 274-3351 This notice provides general background information on labor la ws administered and enforced by DLIR's Disability Compensation Division and is not intended to serve as a substit ute for legal counsel. For specific legal advice on individual situations, please consult an attorney. Jade T. Butay, Director Department of Labor a nd Industria l Relations *Y ou may satisfy Hawaii Labor Laws’ posting requirement s by posting our official labor law poster. For more inform ation: http://labor.hawaii. gov/labor-law-poster/ Equal Opportunity Employer/Program Auxiliary aids and services are available upon request to individuals with disabilities. TDD/TTY Dial 711 then ask for (808) 586-8842. Revised 01/02/2024 You have the right to be notified in writing at least 60 days in advance of possible layoffs or terminations due to certain business transactions taken by your employer. Your employer must also notify the Department of Labor and Industrial Relations in the s ame manner according to the Dislocated Workers Act (DWA). The DWA applies to businesses which have at least 50 persons employed in the state at any time during the 12 months preceding the event, and are a party to a sale, transfer, merger, business takeover, bankruptcy, or business transaction, which will result in the reloc ation outside the state or the s hutting down of all or a portion of operations. You have the right to payment of a dislocated worker allowance if y ou are laid off or terminated due to these transactions and are eligible for unemployment compensation benefits. These payments supplement unemployment benefits for a maximum 4-week period. For general information about the Dislocated Workers Ac t or the Dislocated Workers Allowance, please c all the Workforce Development Division at 586-8877. For information about assistance to employers and employees facing a business closure, please contact the following American Job Centers : American Job Centers: Oahu: 768-5701 Hawaii: 935-6527 Maui: 270-5777 Kauai: 274-3056 This notice provides general background information on labor la ws administered and enforced by DLIR's Disability Compensation Division and is not intended to serve as a substit ute for legal counsel. For specific legal advice on individual situations, please consult an attorney. Jade T. Butay, Director Department of Labor a nd Industrial Relations *You may satisfy Haw aii Labo r Laws’ postin g requirement s by pos ting our offi cial labor l aw poster. For more information: http://labor.hawaii.gov/labor-law-poster/ Equal Opportunity Employer/Program Auxiliary aids and services are available upon request to individuals with disabilities. TDD/TTY Dial 711 then ask for (808) 586-8842. Revised 01/02/2024 You have the right to be free from unlawful discrimination in your employment. All applicants and employees of private and public employers (except the federal government), union members, and job seekers in employment agencies are protected by Hawaii law against employment discrimination. You cannot be denied a job, fire d, or subjected to unequal terms and conditions of employment because of your race, sex, including gender identity or express ion, reproductive choices, refusing to enter into a nondisclosure agreement that prevents you from discussing workplace sexual harassment or assault sexual orientation, age, religion, color, ancestry/national origin, disability, marital status, civil union status, credit history, credit repo rt, arrest and court record (except in limited circumstances), or domestic or sexual violence victim s tatus. Sexual harassment by a supervisor or coworker is a form of sex discrimination . Employ ers are prohibited from retaliating against you for disclosing sexual harassment or sexual assault. Examples of Unlawful Employment Discrimination: If you are a pregnant em ployee and are denied leave recommended by a doctor or are denied reinstatement to the same or comparable position after g iving birth. If you are subjected to unwanted sexual advances or demands, of fered benefits in exchange for sexual favors, threatened with demotion, firing, or loss of benefits for refusing sexual advances, or subjected to unwelcome sexual conduct. If you are denied a job or a promotion because of your race, se x, including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, civil union status, credit history, credit report, arrest and court record (except in limited circumstances), or domestic or sexual violence victim status. Filing a Complaint: You have the right to file a complaint if you have been subjected to discrimination because of your race, sex, including gender id entity or expression, reproductive choices, r efus ing to en ter into a nondisclosure agreement that pre vents you from discussing workp lac e sexual harassment or assault, sexual o rientation, age, religion, color, ances try, disability, marital status, credit history, credit report, arrest and court record, or domestic or sexual violence v ictim status. You can file a complaint by calli ng the Hawaii Civil Rights Com mission. Under state law, you must file your complain t within 180 da ys of the act of discriminatio n. You have the right to be free from discriminatory or retaliator y ac tion from your emp loyer for filing a complaint, partici pating in an investigation, or oppos ing a discriminato ry practice. Ha waii Civil Rights Commission: Oahu: 586-8636 Hawaii: 9 74-4000, ext.68636 Maui: 984-2400, ext.68636 Kauai: 274 -3141, ext.68636 Molokai/Lanai: 1-800-468-4644, ext.68636 TDD/TTY 586-8636 This notice provides general background information on labor la ws administered and enforced by DLIR's Disability Compensation Division and is not intended to serve a s a substitute for legal counsel. For specific legal advice on individual situations, please consult an attorney. Jade T. Butay, Director Department of Labor and Industria l Relations *Y ou may satisfy Hawaii Labor Laws’ posting requirement s by pos ting our official labor law poster. For more inform ation: http://labor.hawaii.gov/labor-law-poster/ Equal Opportunity Employer/Program Auxiliary aids and services are available upon request to individuals with disabilities. TDD/TTY Dial 711 then ask for (808) 586-8842. Revised 01/02/2024 You Have a Right to a Safe and Healthful Workplace REVISED 01/02/2024 IT’S THE LAW! • You have the right to notify your employer or HIOSH (808-586-9092) about workplace hazards. HIOSH will keep your name and identity confidential. • You have the right to request a H IOSH inspection if you believe that there are unsafe and/or unhealthful conditions at your workplace. You or your representative may partici pate in the inspection. • You have a right to see HIOSH ci tations issued to your employer. Your employer must post the citations at or near the place of the alleged violation. • Your employer must correct workp lace hazards by the date indicated on the citation and must certify that these hazards have been reduced or eliminated. • You have the right to copies of your medical records or records of your exposure to toxic and harmful substances or conditions. • Your employer may not discrimi nate against you for making a saf ety and health complaint or for exercising your rights under the law, some of which are detailed above. You can file a d iscrimination complaint with HIOSH within 60 days of the discriminatory act. Private sector employees must also file a discrimination complaint with the OSHA Regional Office below within 30 days of the discriminatory act or they will lose their rights to pursue a federal claim under section 11(c) of the federal Occupational Safety and Health Act of 1970 after the conclu sion of the HIOSH investigation. • Report to OSHA all work-related fatalities within 8 hours, and all inpatient hospitalizations, amputations, and losses of an eye within 24 h ours. • Provide required training to all workers in a language and voca bulary they can understand. • Your employer must post this not ice in the workplace in a prominent location or where such notices are customarily located. The Hawaii Occupational Safety and Health Law of 1972, Chapter 396, Hawaii Revised Statutes, assures safe and healthful working conditions for every worker in the State. The Hawaii Occupational Safety and Health Division (HIOSH) of the state Department of Labor & Industr ial Relations, has the primary responsibility REVISED 01/02/2024 for administering the HIOSH Law. HIOSH does not cover those hired for domestic service in or about a pri vate home, maritime or shipbuilding employees, employees covered by a federal agency, and employees working on military installations. The Occupational Safety and Health Administratio n (OSHA) monitors the HIOSH program to ensure its effectiveness. If you believe HIOSH is not meeting its responsibilities , you may file a Complaint About State Program Administration (CASPA) directly to the OSHA Regional Office: Regional Administrator U.S. Department of Labor Occupational Safety and Health Administration 90 7th Street, Suite 18100 San Francisco, California 94103 Copies of the State law, the HIOSH Rules and Standards or other program information may be obtained at: hio Hios 8aslkdjfj Alajsdfklja;sk Alsdjfl;asjk HIOSH 830 Punchbowl St Rm 423 Honolulu, HI 96813 Tel. (808) 586-9116 http://labor.hawaii.gov/hiosh/ You have the right to unemployment benefits if you lose your job or your work hours are substantially reduced through no fault of your own. You may file your claim for unemployment insurance benefits online or in-person at a local claims office. Go to uiclaims.haw aii.gov betwe en 6:30 am to 11:00 pm, Monday through Friday and between 9:00 am to 11:00 pm on weekends & holidays (Hawaii Standard Time). You will need a valid email address to create an online account. Important Information: • When you file, you must provide y our social security number. • If you are not a U.S. citizen, you should have your alien registration number available. • You will need to provide informat ion for all of your employers in the past 18 months, such as the employer’s name, address, zip code, phone number, dates of employment, and the r eason for separation. Ex-military servicepersons should have their DD214 (member 4) available. Former federal employees should have their Standard Form 8, Standard Form 50, or pay stubs availabl e. • File your claim promptly. Your c laim will begin only from the week that you file with the Unemployment Insurance Office. • If benefits are payable, you must r eceive your payments by direct deposit. You must provide your account type (savings or checking), financial institution routing number, and your account number. Unemployment Insurance Offices: General Unemployment…………...(833) 901-2275 Oahu Claims Office…....... .............586-8970……………………........ [email protected] Hilo Claims Office.............................974-4086.................... [email protected] Kona Claims Office ............ ...........322-4822….….…................................... [email protected] Maui Claims Office.........................984-8400 ........... [email protected] Kauai Claims Office........................274-3043 ........... .................................. [email protected] Liable Interstate Unit ......................586-8970...............................................dlir.ui.oahu@hawaii.gov Appointments: Regular UI Claims, Regular UI Adjudication, & Employer Services ………………………http://labor.hawaii.gov/ui/appointments This notice provides general background information on labor la ws administered and enforced by DLIR's Disability Compensation Division and is not intended to serve as a substit ute for legal counsel. For specific legal advice on individual situations, please consult an attorney. Jade T. Butay, Director Department of Labor and Industrial Relations *You may satisfy Haw aii Labo r Laws’ postin g requirement s by pos ting our offi cial labor l aw poster. For more information: http://labor.hawaii.gov/labor-law-poster/ Equal Opportunity Employer/Program Auxiliary aids and services are available upon request to individuals with disabilities. TDD/TTY Dial 711 then ask for (808) 586-8842. Revised 01/02/2024
Other Hawaii Labor Law Posters 4 PDFS
There are an additional fifteen optional and mandatory Hawaii labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.
View all 16 Hawaii labor law posters
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Get 2024 All-In-One Poster NowPoster Sources:
- Original poster PDF https://labor.hawaii.gov/wp-content/uploads/2023/12/20240102-Labor-Laws-Poster.pdf , updated January 2024
- Hawaii Labor Law Posters at http://labor.hawaii.gov/labor-law-poster/
- Hawaii Department Of Labor and Industrial Relations
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