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Hawaii Overtime Laws

Hawaii's minimum wage is $16.00 and rising to $18 β€” and you can recover unpaid wages going back SIX years, triple the federal window.

Time limits apply to wage claims. Each pay period that passes, the oldest week of your claim can expire. A free case review will tell you your deadline.
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βš–οΈ Legally reviewed by Paul M. Botros, Esq. β€” Employment & Wage Law Attorney, Licensed in Florida & Texas Β· Last updated June 7, 2026

Calculate Your Unpaid Overtime

Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).

How Are You Paid?

$ /hour
hours
Must be your *paid* hours (can be under 40)
weeks
Default is 1 year (52 weeks). Adjust if different.

Did You Perform Work Off-the-Clock?

This includes work before/after shifts, during breaks, or from home that wasn't recorded or paid.

This calculation is an estimate based on applicable labor laws. Your actual recovery may vary based on state laws and specific circumstances.

Hawaii vs. Federal Overtime Laws

πŸ”‘ Key Fact: A 6-Year Lookback

Hawaii gives workers 6 years to recover unpaid wages β€” triple the standard federal period. Combined with a minimum wage of $16.00 (rising to $18.00 in 2028) and one of the strictest tip credit rules in the country, long-term violations in Hawaii add up to major recoveries.

Provision Hawaii Law Federal FLSA Which Applies?
Overtime Threshold 40 hours/week (HRS Β§ 387-3) 40 hours/week Same standard
Minimum Wage $16.00/hr (2026) β†’ $18.00 (2028) $7.25/hr Hawaii (2.2x federal)
Statute of Limitations 6 years 2 years (3 if willful) Hawaii (3x longer!)
Tipped Minimum $14.75/hr β€” tip credit only if wages + tips β‰₯ minimum wage + $7 $2.13/hr Hawaii (strictest credit rule)
Damages Liquidated damages equal to unpaid wages for willful violations (Β§ 387-12) 100% liquidated (good-faith defense) Similar (2x) β€” but Hawaii's 6 years multiplies the base

πŸ“… 6-Year Lookback Period

HRS Β§ 387-12 / Β§ 657-1

Hawaii lets you recover unpaid wages going back 6 years β€” triple the federal window. Long-running misclassification or off-the-clock schemes produce far larger recoveries here.

πŸ’΅ Tip Credit Abuse

HRS Β§ 387-2

Hawaii allows only a $1.25 tip credit β€” and ONLY if your wages plus tips total at least $7 over the minimum wage. Resort and restaurant employers applying mainland-style tip credits violate this constantly.

🏨 Resort Off-the-Clock Work

FLSA + HRS Β§ 387-3

Pre-shift lineups, post-shift cash-outs, unpaid training, and travel between properties are compensable. Hawaii's hotel economy runs on these stolen minutes.

πŸ“‰ Below the State Minimum

HRS Β§ 387-2

The minimum is $16.00 as of January 1, 2026 (next stop: $18.00 in 2028). Employers paying old rates owe the difference for every hour β€” going back 6 years.

πŸ“‹ Salaried β‰  Exempt

29 C.F.R. Part 541 + HRS Β§ 387-1

A salary and a title don't eliminate overtime rights. You must meet salary thresholds AND perform true executive, administrative, or professional duties.

πŸ‘· 1099 Misclassification

FLSA economic reality test

Tour guides, drivers, cleaners, and construction workers labeled "contractors" while controlled like employees are owed overtime and minimum wage β€” with Hawaii's 6-year reach.

Common Hawaii Overtime Violations by Industry

🏨 Hotels & Resorts

Violations: Unpaid pre-shift lineups, housekeeping room quotas forcing off-the-clock work, illegal tip credits, service charges withheld from staff.

🍽️ Restaurants & Bars

Violations: Tip credit violations under Hawaii's strict $7-over rule, managers in tip pools, unpaid prep and closing work.

🚌 Tours & Activities

Violations: Misclassified guides and drivers, unpaid vehicle prep and cleanup, day rates without overtime.

πŸ₯ Healthcare

Violations: Automatic lunch deductions while working, off-the-clock charting, mandatory unpaid training.

πŸ—οΈ Construction

Violations: 1099 misclassification, unpaid travel between job sites, day rates with no OT.

πŸ›’ Retail

Violations: Assistant manager misclassification, off-the-clock opening/closing, working through breaks.

What You Can Recover Under Hawaii Law

Hawaii Wage Recovery

πŸ’° Unpaid Overtime & Minimum Wages

1.5x your regular rate over 40 hours; shortfalls to $16.00/hr β€” going back up to 6 years

βš–οΈ Liquidated Damages

An equal additional amount for willful violations (Β§ 387-12) β€” doubling your recovery

πŸ’΅ Tip Credit Disgorgement

Illegal tip credits mean back pay to the full minimum wage for every affected hour

πŸ“‹ Attorney Fees & Costs

The employer pays your legal fees separately β€” not from your recovery

Example: The 6-Year Advantage

If you were shorted $3,000/year in unpaid overtime for 6 years:

$9,000
Federal FLSA Only
(3 years max)
$18,000
Hawaii Law
(all 6 years)
2x
DOUBLE THE BASE
(before liquidated damages)

⏱️ 6-Year Statute of Limitations

Hawaii's 6-year window is one of the longest in America β€” but each pay period still expires as time passes.

⚠️ Don't wait β€” preserve every year of your claim.

Why Hawaii Cases Are Stronger

Hawaii combines a high and rising minimum wage with the longest practical lookback in the country and the nation's strictest tip credit conditions.

πŸ“…
6-Year Lookback
Triple the federal recovery period β€” long violations get fully captured
πŸ’΅
$16.00 β†’ $18 Wage
Scheduled increases under HRS Β§ 387-2 keep raising the floor
πŸ’Έ
Strictest Tip Credit Rule
Credit allowed only when pay + tips exceed minimum wage by $7
βš–οΈ
Fee Shifting
Employers pay your attorney fees when you win

Why Workers Choose Us for Hawaii Claims

βš–οΈ
Federal Court Experience
FLSA claims are federal β€” we litigate wage cases in federal courts nationwide
πŸ’Ό
20+ Years Wage & Hour Focus
We know how to use Hawaii's 6-year lookback to maximize recoveries
πŸ‘₯
Collective Actions
Resort-wide violations mean one case can recover for the whole staff
πŸ†“
No Fee Unless We Win
Free case review. Fee-shifting means the employer typically pays your attorney fees

πŸ’Ό Free Case Review β€” No Fee Unless We Win

Use the calculator above to estimate what you're owed, then tell us about your situation.

Frequently Asked Questions

What is the minimum wage in Hawaii for 2026?

Hawaii's minimum wage rose to $16.00/hour on January 1, 2026, and is scheduled to reach $18.00 in 2028 under HRS Β§ 387-2.

What are the overtime laws in Hawaii?

Under HRS Β§ 387-3 and federal FLSA, most workers must receive 1.5x their regular rate for hours over 40 per workweek.

How far back can I claim unpaid wages in Hawaii?

Up to 6 years β€” triple the standard federal lookback. This makes Hawaii one of the best states in America for recovering long-term wage theft.

How does Hawaii's tip credit work?

Employers may take a small tip credit ONLY if your cash wage plus tips equals at least $7 more than the minimum wage. If your combined pay falls below $23.00/hour, the credit is illegal and you're owed the full minimum wage.

Are hotel service charges my tips in Hawaii?

Hawaii law (HRS Β§ 481B-14) requires hotels and restaurants to distribute service charges to employees or clearly disclose that they don't. Undisclosed withheld service charges belong to the workers.

Is mandatory overtime legal in Hawaii?

Generally yes β€” but every hour over 40 must be paid at 1.5x. Required-but-unpaid overtime is wage theft.

I'm salaried in Hawaii. Am I owed overtime?

Possibly. A salary alone doesn't make you exempt β€” you must meet the salary threshold AND perform genuine executive, administrative, or professional duties. Hawaii also has its own exemption tests.

What damages can I recover for unpaid wages in Hawaii?

Your unpaid wages plus an equal amount as liquidated damages for willful violations (Β§ 387-12), plus attorney fees β€” applied across a 6-year base.

I work at a resort and we line up before shifts unpaid. Is that legal?

No. Mandatory pre-shift lineups, briefings, and post-shift cash-outs are compensable work time. Those minutes, multiplied across years and coworkers, are significant claims.

Can my employer fire me for claiming unpaid wages in Hawaii?

No. Retaliation for asserting wage rights violates HRS Β§ 387-12 and federal law, and creates an additional claim.

Get Your Free Case Evaluation

Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.

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