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Summary of differences between federal and state regulations
Employer defined
“Employer” includes any individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons, acting directly or indirectly in the interest of an employer in relation to an employee, but does not include the state or any political subdivision thereof or the United States.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Equal Pay Act. For example, the state law includes exemptions for seniority, length of service, substantial difference in duties or services, difference in the shift or time of day worked, or hours of work.
Recordkeeping
Every employer must keep a record of the name, address, and occupation of each employee, the amount paid each pay period, of the hours worked each day and each workweek, and other information as required by law. The state has additional recordkeeping requirements for employees who receive tips. These records must be preserved for at least six years.
Posting
Every employer must post and keep posted notices pertaining to the application of the law in conspicuous places in every establishment where any employee is employed. These posters include:
- Payment of Wages and Other Compensation Law (eHPWL)
- Minimum Wage and Overtime Poster (eHWHL-1)
Pay transparency and expanded equal pay legislation 2023
On July 3, 2023 Hawaii Gov. Josh Green signed SB 1057 into law, expanding equal pay protections and making Hawaii the latest state to require certain employers to disclose salary information in their job advertisements. The law takes effect on January 1, 2024.
The law states that “job listings shall disclose an hourly rate or salary range that reasonably reflects the actual expected compensation.” The disclosure requirement does not apply to job listings for:
- Internal transfers or promotions within a current employer;
- Positions with employers having fewer than 50 employees; or
- Public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining.
The law also expands Hawaii’s equal pay legislation to prohibit pay disparities between employees based on any protected characteristic (rather than only based on sex).
State
Contact
Department of Labor and Industrial Relations
Regulations
Haw. Rev. Stat. §387-4, Wage discrimination prohibited.
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Federal Regulations
29 CFR Part 1620, The Equal Pay Act
29 CFR 1621, Procedures — The Equal Pay Act