In Hawaii, overtime is owed at one and one-half times your regular rate of pay for every hour worked over 40 in a single workweek. Hawaii does not require daily overtime: working more than 8 hours in a day does not, by itself, trigger overtime under state law. What matters is the total for the seven-day workweek. This mirrors the federal Fair Labor Standards Act (FLSA) weekly-40 rule rather than the daily-overtime model used in a handful of states such as California. So if you work four 11-hour days (44 hours) in one week, you are owed 4 hours of overtime; if you work 8 hours a day but only 38 hours total, no overtime is due even on the long days.
Hawaii Follows the Weekly 40-Hour Rule, Not Daily Overtime
Hawaii's wage-and-hour rules come from the Hawaii Wage and Hour Law, found in Chapter 387 of the Hawaii Revised Statutes (HRS). Under HRS section 387-3, a covered employer must pay an employee at a rate of at least one and one-half times the regular rate for hours worked in excess of 40 in any workweek.
The key word is workweek. A workweek is a fixed, recurring period of 168 hours, seven consecutive 24-hour days. Your employer can set when it begins, but once set it should stay consistent. Overtime is calculated week by week. Employers cannot average two weeks together, so a 30-hour week followed by a 50-hour week still produces 10 overtime hours in the second week, not zero.
Because Hawaii has no statewide daily-overtime requirement, long shifts alone do not create an overtime obligation. The only thing that does is crossing 40 total hours in the workweek. (Some union contracts or specific employer policies may promise daily overtime, but that is a matter of private agreement, not Hawaii statute.)
What Counts as Your Regular Rate
Overtime is based on your regular rate, not just your base hourly wage. The regular rate generally includes hourly pay plus most nondiscretionary bonuses, shift differentials, and commissions, divided by the total hours worked. This means an hourly worker who also earns a production or attendance bonus may have a regular rate that is higher than the stated hourly wage, which in turn raises the overtime rate. For salaried nonexempt employees, the salary is converted to an hourly equivalent to find the regular rate.
For context, Hawaii's minimum wage is scheduled to rise under state law. As of 2026 the Hawaii minimum wage is $16.00 per hour, with further increases scheduled in later years. Because these figures change on a set schedule, confirm the current rate with the Hawaii Department of Labor and Industrial Relations before relying on it. The federal FLSA minimum wage remains $7.25 per hour, so Hawaii's higher minimum controls for workers in the state.
Who Is Exempt From Hawaii Overtime
Not every worker is entitled to overtime. Hawaii law excludes several categories of employees from overtime coverage. The most common exemptions, drawn from the definitions and provisions in HRS Chapter 387, include:
- Executive, administrative, and professional employees who are employed in a bona fide capacity and meet the duties tests. These are the classic "white-collar" exemptions, similar to the FLSA categories.
- Outside salespeople who regularly work away from the employer's place of business.
- Employees guaranteed a monthly compensation of $2,000 or more. Hawaii has a distinctive rule: under HRS 387-1, individuals guaranteed compensation totaling $2,000 or more a month are excluded from the definition of "employee" for these protections. This is a Hawaii-specific feature that does not exist in the FLSA, and it sweeps many salaried workers out of state overtime coverage.
- Certain agricultural workers, domestic-service workers, and family members employed by a parent, spouse, or child, among other narrow categories.
- Individuals employed by the federal, state, or county government in many situations, and certain workers covered by separate collective bargaining or regulatory schemes.
Two cautions matter here. First, exemption depends on your actual job duties and pay structure, not just your job title or whether you are called "salaried." Misclassification is common, and calling someone a "manager" does not make the executive exemption apply if they do not truly supervise and exercise independent judgment. Second, even where the Hawaii $2,000-per-month rule removes state overtime coverage, the federal FLSA may still apply. Many employees in Hawaii are protected by both laws, and the FLSA's own salary threshold and duties tests are separate from Hawaii's. Where the two laws differ, the law more protective of the worker generally governs.
Common Ways Employers Get Overtime Wrong
Even under the simpler weekly-40 framework, unpaid overtime happens. Watch for these patterns:
- Off-the-clock work. Time spent on required pre-shift setup, post-shift cleanup, mandatory meetings, or working through an unpaid meal break all counts toward your 40 hours.
- Misclassification as exempt or as an independent contractor. If you are wrongly labeled exempt or a 1099 contractor but function as an employee, you may be owed back overtime.
- Bonuses left out of the regular rate. Failing to fold nondiscretionary bonuses into the overtime calculation underpays the overtime rate.
- Averaging hours across weeks or improperly using comp time in place of cash overtime in the private sector.
How to Recover Unpaid Overtime in Hawaii
If you believe you are owed overtime, take these steps:
- Document your hours. Keep your own record of start and end times, breaks, and tasks. Save pay stubs, schedules, texts, and emails. Your records can carry weight if the employer's timekeeping is incomplete.
- Calculate what you are owed. Identify each workweek over 40 hours, determine your regular rate (including bonuses), and multiply the overtime hours by 1.5 times that rate.
- File a wage claim with the state. The Hawaii Department of Labor and Industrial Relations (DLIR), Wage Standards Division investigates unpaid-wage and overtime complaints. You can file a claim asking the agency to recover the wages owed.
- Consider a federal claim or a lawsuit. Because the FLSA usually applies too, you may file with the U.S. Department of Labor's Wage and Hour Division or bring a private lawsuit. The FLSA generally allows recovery of unpaid overtime for two years, or three years for willful violations, and can include liquidated (double) damages. Hawaii law also provides remedies for unpaid wages.
- Act promptly. Deadlines (statutes of limitations) limit how far back you can recover. Because the applicable period depends on which law and theory you use, confirm the current deadline with DLIR or an attorney rather than assuming you have unlimited time.
It is illegal for an employer to fire, demote, or otherwise retaliate against you for asserting your right to overtime or filing a wage complaint. If retaliation occurs, that is a separate violation you can report.
Where to Verify Hawaii's Rules
The authoritative source for Hawaii wage and overtime rules is the Hawaii Department of Labor and Industrial Relations (DLIR) and its Wage Standards Division, which administers HRS Chapter 387. For the statutory text, check Hawaii Revised Statutes Chapter 387 (Wage and Hour Law). For the federal baseline, the U.S. Department of Labor's Wage and Hour Division administers the FLSA. Because minimum wage figures and some thresholds change on a schedule, always confirm current numbers with DLIR before relying on them. This article is general information, not legal advice; for a specific situation, consult the agency or a Hawaii employment lawyer.
Official Hawaii Sources
This page is based on Hawaii employment law. Rules and figures change — verify the current details directly with the official Hawaii sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Hawaii state law.
Frequently asked questions
Does Hawaii require overtime after 8 hours in a day?
No. Hawaii has no statewide daily overtime requirement. Overtime is owed only after you work more than 40 hours in a single workweek, paid at 1.5 times your regular rate. A long shift alone does not trigger overtime unless your weekly total passes 40 hours, although a union contract or employer policy could promise more.
What is the overtime rate in Hawaii?
Time and one-half (1.5 times) your regular rate of pay for each hour over 40 in a workweek. The regular rate includes your base wage plus most nondiscretionary bonuses, commissions, and shift differentials, so your overtime rate can be higher than your stated hourly wage.
Are salaried employees in Hawaii entitled to overtime?
It depends on duties and pay, not the title. Hawaii exempts bona fide executive, administrative, and professional employees, and uniquely excludes workers guaranteed $2,000 or more per month from state overtime coverage. But the federal FLSA may still apply, so some salaried workers remain entitled to overtime under federal law even when the Hawaii exemption applies.
Who do I contact about unpaid overtime in Hawaii?
File a wage claim with the Hawaii Department of Labor and Industrial Relations (DLIR), Wage Standards Division, which enforces HRS Chapter 387. You may also file with the U.S. Department of Labor's Wage and Hour Division or bring a private lawsuit under the FLSA, and you should act promptly because deadlines limit recovery.
What is Hawaii's minimum wage and how does it relate to overtime?
As of 2026 Hawaii's minimum wage is $16.00 per hour, scheduled to rise further in later years, compared with the federal $7.25. Overtime is based on your regular rate, which must be at least minimum wage. Confirm the current minimum wage with DLIR because it changes on a set schedule.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
