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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act contains certain provisions in regard to compensation in terms of minimum wage, overtime, child labor and recordkeeping requirements. Corresponding state provisions will be found under those topic areas. States are free to adopt additional provisions that are not regulated by the federal government such as frequency of payday and wage deductions. These provisions are discussed in this section.
Hawaii law contains the following provisions:
Wage statement
Employers must give to employees a wage statement each pay period showing the total hours worked, amount of overtime worked, straight-time wages, overtime wages, any other compensation, gross and net compensation, and itemization of deductions, the date of payment and the pay period. The employer may provide an electronic notice that may be electronically accessed by the employee. §387-6(c)
Posting of notice
Employers must post and keep posted notices pertaining to the application of the law in conspicuous places in every establishment so employees may readily observe a copy on the way to or from the employee's place of employment. §387-6(b)
Frequency of payday
Wages are to be paid at least twice each calendar month on regular paydays pre-designated by the employer. An employer may collectively bargain with a union to schedule paydays only once per month. Wages are due within 7 days after the end of the pay period. An employer may be allowed to pay wages within 15 days of a pay period upon application to the Director of Labor and Industrial Relations. §388-2
Wage deductions
An employer may not withhold an employee’s wages except where required by law or court directive or where authorized in writing by the employee. An employee may not authorize deductions or be required to have deductions taken for the following (not a complete list): fines, certain cash shortages, replacement costs for breakage, losses incurred from lost or stolen property, faulty workmanship, nonpayment by customer, or medical exams or reports required by the employer. §388-6
Notification and itemization
An employer must notify employees in writing at the time of hire regarding the rate of pay, the day, hour and place of payment, and must notify employees in writing or through a posting of any changes to the arrangement. The employer must give to each employee each payday a record showing gross and net compensation, an itemization of each deduction, date of payment and pay period covered. §388-7
State
Contact
Hawaii Department of Labor and Industrial Relations
Regulations
Wage statement
Haw. Rev. Stat., Ch. 387, §387-6(c)
Frequency of payday
Haw. Rev. Stat., Ch. 388, §388-2
Wage deductions
Haw. Rev. Stat., Ch. 388, §388-6
Notification
Haw. Rev. Stat., Ch. 388, §388-7
Federal
Contacts
None.
Regulations
None.