Similarly, Hawaii's wage and hour law bans discrimination in the payment of wages based on race, religion, or sex. A differential based on any other permissible factor other than sex.A bona fide occupational qualification or.A system measuring earnings by quantity or quality of production,. Wage differentials are permissible if based on: Specifically, Hawaii employers with one or more employee are prohibited from discriminating against employees in the same establishment because of sex by paying wages at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs requiring equal skill, effort, and responsibility and performed under similar working conditions. The Hawaii Fair Employment Practices Act includes an equal pay provision that prohibits sex discrimination in compensation. Under the Whistleblowers' Protection Act, an employer may not terminate or otherwise discriminate against an employee who reports, or is about to report, violations or suspected violations of the law to the employer or to a government agency. Files a complaint of discrimination or harassment or.The law also prohibits retaliation against a person who: Harassment is a form of illegal discrimination. Status as a domestic or sexual violence victim.Disability (mental and physical) and genetic information.Pregnancy (including childbirth, breastfeeding and related medical conditions).Sex (including gender identity and expression).The Hawaii Fair Employment Practices Act applies to all employers and prohibits discrimination based on a number of protected characteristics, including: Key Hawaii requirements impacting EEO, diversity and employee relations are: Fair Employment Practices An employer must comply with both federal and state law.Īn employer must also comply with applicable municipal law obligations affecting the employment relationship in addition to complying with state and federal requirements. Select Hawaii employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. Hawaii has laws that provide greater protections to employees than federal law, including broader antidiscrimination protections, a higher minimum wage, temporary disability insurance and broader mass layoff notification requirements, but generally follows federal law with respect to topics such as occupational safety. When employment ends, Hawaii employers must comply with applicable final pay and mass layoff notification requirements.Hawaii prohibits smoking in the workplace and texting while driving.Under Hawaii law, employees are entitled to certain leaves or time off, including family leave organ, bone marrow and stem cell donation leave domestic and sexual violence leave and jury duty leave.Hawaii has laws that relate to employee pay and benefits, including temporary disability insurance, health care continuation, pay statements, pay frequency and wage deduction requirements.In Hawaii, there are requirements relating to the minimum wage, overtime, breastfeeding breaks and child labor.Hawaii permits, but limits, preemployment credit checks, criminal checks, substance abuse testing and salary history inquiries. See EEO, Diversity and Employee Relations. Employers must also protect whistleblowers. Hawaii law prohibits an employer from discriminating and retaliating against employees in a variety of protected classes.Labor and Employment Law Overview requirements for other statesįederal law and guidance on this subject should be reviewed together with this section.
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