A Hawaii employment contract details the terms and conditions of employment, from the expectations of the employee, such as their job responsibilities, to the employer’s expectations, such as the compensation they will pay. It is a legally binding document recognizing a business relationship between the employer and the employee.
Under Hawaii law, for a contract – written or oral – to be enforceable, it must meet elements of common law: an offer, an acceptance, and consideration [1] .
- Laws: Title 21.
- Definition of Employee: HI Rev Stat § 388-1: “‘Employee’ includes any person suffered or permitted to work.”
By Type
Independent Contractor Agreement
Outlines the expectations of a project between a contractor and employer.
Subcontractor Agreement
Establishes the terms and conditions of a collaboration between a subcontractor and a general contractor.
Employee Non-Compete Agreement
Prevents the employee from competing with the employer and protects the company's sensitive information.
Employee Non-Disclosure Agreement
Safeguards undisclosed details from unwarranted exposure.
Hiring in Hawaii
Before you start writing your Hawaii employment contract, make sure you’re aware of the following employment laws and requirements:
At-Will Employment
Hawaii is an at-will employment state. There are also exceptions to the at-will employment rules.
Exceptions
- Public Policy: Yes
- Implied-Contract: Yes
- Good-Faith Exception: No
Minimum Wage ($/hr)
Basic Minimum Rate (per hour): $12.00.
Premium Pay After Designated Hours: Weekly – 40.
Tipped employees can be paid a lower cash wage than the minimum wage but must earn at least $12.00, including tips every hour [2] .
Child Labor
In Hawaii, employment certificates are mandatory for minors under 16 and are issued by the Hawaii Department of Labor.
Age certification is also mandatory in Hawaii for minors 16 and 17 [3] .
Payday
In Hawaii, employers are required to pay wages to all employees at least twice during each calendar month on regular paydays designated in advance.
Employees can choose to be paid monthly under a special election procedure.
Meal and Rest Breaks
Hawaii does not require minimum paid rest periods or minimum meal periods. There are requirements for 14- and 15-year-old minors [4] .
Recordkeeping Requirements
Hawaii employers are required to keep records for six years [5] , including
- Wages, hours, and payroll
- Safety and health/workers’ compensation
- Child labor
- Discrimination
- Employee access to records
Sample
Below, you can download a Hawaii employment contract template in PDF or Word format:
