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.
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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).
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 |
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.
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.
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.
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.
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.
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.
Violations: Unpaid pre-shift lineups, housekeeping room quotas forcing off-the-clock work, illegal tip credits, service charges withheld from staff.
Violations: Tip credit violations under Hawaii's strict $7-over rule, managers in tip pools, unpaid prep and closing work.
Violations: Misclassified guides and drivers, unpaid vehicle prep and cleanup, day rates without overtime.
Violations: Automatic lunch deductions while working, off-the-clock charting, mandatory unpaid training.
Violations: 1099 misclassification, unpaid travel between job sites, day rates with no OT.
Violations: Assistant manager misclassification, off-the-clock opening/closing, working through breaks.
1.5x your regular rate over 40 hours; shortfalls to $16.00/hr β going back up to 6 years
An equal additional amount for willful violations (Β§ 387-12) β doubling your recovery
Illegal tip credits mean back pay to the full minimum wage for every affected hour
The employer pays your legal fees separately β not from your recovery
If you were shorted $3,000/year in unpaid overtime for 6 years:
Hawaii's 6-year window is one of the longest in America β but each pay period still expires as time passes.
β οΈ Don't wait β preserve every year of your claim.
Hawaii combines a high and rising minimum wage with the longest practical lookback in the country and the nation's strictest tip credit conditions.
πΌ 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.
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.