Essential Compliance Guide for Employers in Hawaii

This guide aims to assist employers and HR teams in Hawaii by highlighting the most common compliance violations and their associated fines, ensuring that your business remains compliant with state regulations.

Common Compliance Violations in Hawaii

Hawaii employers often face various compliance issues, which can lead to significant fines and penalties. Here are some of the most common violations:

1. Wage and Hour Violations

One of the most prevalent issues is failing to comply with Hawaii's wage and hour laws, specifically under the Hawaii Revised Statutes (HRS) §387. Common violations include:

• Not paying the minimum wage, which is currently set at $10.10 per hour.
• Misclassifying employees as exempt from overtime.
• Failing to provide meal and rest breaks as mandated.

Penalties for wage violations can reach up to $1,000 per violation or double the unpaid wages if found willful.

2. Non-Compliance with Family Leave Laws

The Hawaii Family Leave Law (HRS §398) requires employers to provide eligible employees with up to 12 weeks of unpaid leave for specific family and medical reasons. Common violations include:

• Not providing the required notice of rights to employees.
• Retaliating against employees who take leave.

Employers who violate these provisions may face penalties of up to $10,000.

3. Workplace Safety Violations

Employers must comply with workplace safety standards as outlined by the Hawaii Occupational Safety and Health Division (HIOSH). Common violations include:

• Failure to maintain proper safety equipment.
• Not conducting required safety training.

Fines for OSHA violations can vary but may reach up to $13,653 for serious violations.

Practical Compliance Checklist

To help ensure compliance with Hawaii laws, consider the following checklist:

1. Review Wage Practices: Ensure all employees are paid at least the minimum wage and that overtime pay is calculated correctly.
2. Educate on Family Leave: Provide training to HR staff on the Hawaii Family Leave Law and ensure proper procedures are in place.
3. Implement Safety Protocols: Regularly review workplace safety procedures and ensure all employees receive appropriate training.
4. Maintain Accurate Records: Keep detailed records of employee hours, wages, and leave requests.
5. Stay Informed: Regularly check for updates on state regulations and compliance requirements.

Steps to Take if Violations Occur

If you discover a compliance violation, follow these steps:

1. Assess the Situation: Determine the nature and extent of the violation.
2. Consult Legal Counsel: Seek advice from a compliance attorney familiar with Hawaii laws.
3. Rectify the Issue: Implement corrective actions promptly to mitigate penalties.
4. Communicate with Affected Employees: Inform employees about the violation and the steps taken to address it.
5. Document Everything: Keep a record of all actions taken to resolve the issue.