Hawaii Overtime Laws & Calculator

Weekly. Hawaii sets no daily threshold, so a twelve-hour day owes no premium on its own — those hours go into the week's total like any others, and the count that decides your pay is hours past 40 in a single workweek.

No. Four ten-hour days is 40 hours, and the weekly rule starts past 40 hours, not at them. Day length does not matter in Hawaii: four tens, five eights and three long shifts all pay the same if the week's total is the same.

No Hawaii statute sets a double-time rate. Where double time appears on a stub here it comes from a union agreement, a company policy or a holiday practice — worth having in writing, but it is an agreement rather than the law. What the statute requires is time and a half past 40 hours in a workweek, with no daily threshold.

Hawaii has no seventh-day rule. Those hours count toward the workweek like any others, so a seven-day stretch usually produces overtime through the weekly total instead: seven eight-hour days is 56 hours, of which 16 are past 40.

Yes. Hawaii's wage and hour law, HRS § 387-3, says an employer may not employ an employee for a workweek longer than forty hours unless the employee receives overtime compensation for the hours over forty at a rate not less than one and one-half times the regular rate. The state labor department describes it the same way: generally, overtime is required after 40 hours worked in a workweek. For hourly pay that is the same weekly threshold and the same 1.5× rate as the federal rule (29 U.S.C. § 207(a)(1)), and it is the rule the calculator on this page applies. Chapter 387 limits who is covered. Its definition of “employer” (HRS § 387-1) does not include the State, its political subdivisions or the United States. Its definition of “employee” leaves out, among others, anyone employed at guaranteed compensation totaling $4,000 or more a month, whether paid weekly, biweekly, or monthly; anyone employed in a bona fide executive, administrative, supervisory, or professional capacity; and anyone in a job where the federal Fair Labor Standards Act sets the maximum hours without overtime, although § 387-3 still applies for a workweek in which the federal maximum is longer than the state's.

Not under HRS § 387-3, which sets overtime by the workweek, a fixed and regularly recurring period of seven consecutive days (§ 387-1), not by the day. For ordinary employment, the state labor department's FAQ says hours worked in excess of 8 hours a day are not considered overtime, and that any additional pay for work performed on a holiday is at the employer's discretion. Public construction is the exception. HRS § 104-2(c) says no laborer or mechanic employed on the job site of a public work of the State or any political subdivision of the State may be permitted or required to work on Saturday, Sunday or a State legal holiday, or more than eight hours on any other day, unless the laborer or mechanic receives overtime compensation for those hours. Chapter 104 applies to contracts above $2,000 for construction of a public work project (§ 104-2(a)), with a narrow exception for some small nonprofit-developed housing projects. The labor department puts the public-works rule the same way: on State or county public construction projects governed by Chapter 104, overtime is required after 8 hours a day and for all hours on Saturdays, Sundays and State holidays. Where the basic hourly rate is set by a collective bargaining agreement, the overtime and other premium rates are those the agreement specifies. The calculator on this page applies only the weekly 40-hour rule and does not add this daily rule.

The Wage Standards Division of the state Department of Labor and Industrial Relations administers Chapter 387, HRS (minimum wage and overtime) and Chapter 104, HRS (wages and hours on State and county public works construction). Its listed services include investigating and hearing complaints about minimum wage, overtime, unpaid wages and other matters such as illegal deductions and prevailing wages. On Oahu its information line is (808) 586-8777, and callers who stay on the line after the recorded menu are connected to a specialist to ask questions or file a complaint. On the neighbor islands, the division says to contact the nearest district office of the department. Its forms page lists complaint form WSD-1.387-388 for wages and hours (minimum wage, overtime, unpaid wages) and WSD-1.104 for public works (prevailing wages and overtime on State and county construction projects).

Usually, yes. The multiplier is applied to the regular rate, not to your base wage, and the regular rate takes in nondiscretionary bonuses, production and attendance bonuses, and shift differentials for the week they were earned. An overtime hour in a week with a night differential is worth more than base × 1.5. Bonuses that are genuinely discretionary — not promised in advance — stay out of it. The federal rules for building the regular rate are at 29 C.F.R. Part 778 and apply in Hawaii.

Not by itself. A salary is a way of paying, not an exemption. The white-collar exemptions turn on the work actually performed together with how and how much you are paid, and the duties tests at 29 C.F.R. Part 541 do not include job titles. A salaried employee whose duties fall outside those tests is owed overtime on the same 40-hour week as anyone else.