Recordkeeping/Posters Law Summaries
Hawaii, Recordkeeping/Posters Law Summaries
WHAT THE EMPLOYER MUST DO
Employers in Hawaii have recordkeeping responsibilities under the state's minimum wage and overtime law, wage payment law, child labor law, unemployment insurance law and fair employment practices law, according to reported law summaries. See RECORDKEEPING below for specific requirements.
Hawaii employers must display a minimum wage and overtime pay notice, a wage payment notice, an unemployment insurance poster, a fair employment practices notice, a whistleblower notice, their vacation policy, a job safety and health protection poster, and a workers' compensation/temporary disability poster. See POSTERS below for specific requirements.
RECORDKEEPING
Minimum wages and overtime pay.- Every employer must keep records in the workplace that show the name, address, and occupation of each employee, the amount paid each pay period to each employee, the hours worked each day and each work week by each employee, and any other information prescribed by regulation.
The Director of Labor and Industrial Relations or an authorized representative has the right to access and copy the records for the purpose of examination (Haw RevStat, Sec. 387-6).
Reports.- Every employer must furnish information relating to the employment of workers to the director or an authorized representative as required by the director (Haw RevStat, Sec. 387-6).
Wage payment.- Every employer shall furnish each employee at every pay period a legible printed, typewritten, or handwritten notice showing the employee's (Sec. 387-6(c), as amended by S. 61, L. 2005):
total hours worked;
overtime hours;
straight-time compensation;
overtime compensation;
other compensation;
total gross compensation;
amount and purpose of each deduction;
total net compensation;
date of payment; and
pay period covered;
provided that in lieu of the printed, typewritten, or handwritten notice required by this subsection and upon receipt of written authorization from the employee, the employer may provide an electronic notice that may be electronically accessed by the employee.
Every employer must (Sec. 388-7, as amended by S. 61, L. 2005):
notify each employee in writing, at the time of hiring of the rate of pay, and of the day, hour, and place of payment;
notify each employee in writing or through a posted notice maintained in a place accessible to employees of any changes in the arrangements specified above prior to the time of the change;
provide to each employee in writing or through a posted notice maintained in a place accessible to employees, policies with regard to vacation and sick leave;
furnish each employee at every payday a legible printed, typewritten, or handwritten record showing the employee's total gross compensation, the amount and purpose of each deduction, total net compensation, date of payment, and pay period covered; and maintain and preserve a copy of the record or its equivalent for a period of at least six years; provided that in lieu of the printed, typewritten, or handwritten record required by this paragraph and upon receipt of written authorization from the employee, the employer may provide an electronic record that may be electronically accessed by the employee that shall be retained by the employer for a period of at least six years;
keep posted in a place accessible to employees the notices pertaining to the application of Hawaii's wage payment law as are prescribed by the Director of Labor and Industrial Relations; and
make and keep records of all employees which shall include basic employment and earnings records and preserve the records for a period of time and in a manner as the director shall prescribe by rule.
Child labor: Certificates of employment-theatrical employment/coffee harvesting.- A minor under 14 years of age may be employed or permitted to work in theatrical employment or in harvesting of coffee under circumstances and conditions prescribed by the Director of Labor and Industrial Relations, if, among other requirements, the employer of the minor procures and keeps on file a valid certificate of employment (Haw RevStat, Sec. 390-2(d)).
Certificates of age.- In order to employ a minor who has attained the age of 16 years but not 18 years during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school, an employer must record and keep on file the number of a valid certificate of age issued to the minor by the Department of Labor and Industrial Relations (Haw RevStat, Sec. 390-2(b)).
Unemployment insurance.- Employers must maintain records for each worker, unless the Department has ruled that the services do not constitute employment, containing:
the individual's name;
Social Security account number;
the type of work and the place in which services are performed and, if services are performed outside Hawaii, the place of residence;
the date on which the worker was hired, rehired or returned to work after a temporary layoff, and the date the worker separated from work and the reason for separation;
the remuneration paid for services and the dates of payment, showing separately (a) cash remuneration, including and specifying such special payments as bonuses and gifts: (b) the amount of gratuities or tips accounted for by the worker to the employer: and (c) the reasonable cash value of remuneration in any medium other than cash;
the amounts paid as allowances or reimbursement for traveling or other business expenses, date of payment and the amounts of such expenditures actually incurred and accounted for by the worker; and
with respect to pay periods in which the worker performs services in both employment and nonsubject work, the hours spent in each, shown separately.
In addition, employers must maintain general records showing (1) the beginning and ending dates of each pay period, and (2) the total amount of remuneration paid in any quarter with respect to employment, showing separately the portion of the remuneration on which contributions are payable.
Retention requirement: five years after the calendar year in which the remuneration to which they relate was earned.
Reports.- The Department of Labor (or any authorized representative or the referee) may require employers to submit sworn or unsworn reports concerning their employees.
Each employer liable for contributions under Hawaii's unemployment insurance law is also required to make a full, true and correct return with respect to the wages on the basis of which contributions are payable, at the time prescribed for the payment of contributions. The report must contain any other information required by the department. This report must be made by the employer even though it is not required to pay contributions.
Fair employment practices.- Employers are required to make and keep records relevant to Hawaii's Fair Employment Practices Act and make reports as prescribed by the Commission on Employment and Human Resources (Haw RevStat, Sec. 378-6).
POSTERS
PLEASE NOTE: Posters are provided for informational purposes only. Many states require posters to be of a particular size, or may require the official poster provided by the regulating agency to be posted, rather than a copy. Please check with the relevant agency to assure proper compliance.
Minimum wages and overtime pay.- Every employer must post and keep posted notices pertaining to the application of Hawaii's wage and hour law as prescribed by the Director of Labor and Industrial Relations in conspicuous places in every establishment where any employee is employed so as to permit the employee to see a copy on the way to or from the employee's worksite (Haw RevStat, Sec. 387-6).
How to order.- To obtain the wage and hour notice, contact the Labor and Industrial Relations Department, 830 Punchbowl Street, Honolulu, HI 96813. Telephone: (808) 586-8844. Fax: (808) 586-9099.
Hawaii Minimum Wage Poster
HI_MW.pdf
Wage payment.- Every employer must (Haw RevStat, Sec. 388-7, as amended by S. 61, L. 2005):
notify each employee in writing or through a posted notice maintained in a place accessible to employees of any changes in the arrangements specified above prior to the time of the change;
provide to each employee in writing or through a posted notice maintained in a place accessible to employees, policies with regard to vacation and sick leave; and
keep posted in a place accessible to employees the notices pertaining to the application of Hawaii's wage payment law as are prescribed by the Director of Labor and Industrial Relations.
How to order.- For information about wage payment notices, contact the Labor and Industrial Relations Department, 830 Punchbowl Street, Honolulu, HI 96813. Telephone: (808) 586-8844. Fax: (808) 586-9099.
Hawaii Wage Payment Poster
HI_Wage_Payment.pdf
Unemployment insurance.- The rules issued under Hawaii's unemployment insurance law require every employer (or agricultural employer) to post and maintain, in accessible and conspicuous places in all establishments or places of business where workers perform their services, any information cards or posters provided for that purpose by the Department of Labor and Industrial Relations.
How to order.- To obtain information about cards or posters that must be displayed, contact the Division of Unemployment Insurance, Department of Labor and Industrial Relations, 830 Punchbowl Street, Honolulu, HI 96813.
Hawaii Unemployment Insurance Poster
HI_UI.pdf
Fair employment practices.- As relief or penalty for a employment practices violation, an employer may be directed to conspicuously post notices setting forth requirements for compliance with the Fair Employment Practices Act or other relevant information that the Commission on Employment and Human Resources determines necessary to explain the law (Haw RevStat, Sec. 368-17).
For posting information, contact the Labor and Industrial Relations Department, 830 Punchbowl Street, Honolulu, HI 96813. Telephone: (808) 586-8844. Fax: (808) 586-9099. The Commission on Employment and Human Resources may be reached at the Old Federal Building, 335 Merchant St., Room 354, Honolulu, HI 96813. Telephone: (808) 586-8670. Fax: (808) 586-9099.
Hawaii Employment Discrimination Poster
HI_Emp_Discrim.pdf
Whistleblowers.- All private, state and local government employers must post notices to keep employees informed of their protection from discharge or discrimination for reporting a violation of law or participating in an investigation, hearing, inquiry or court action (Haw RevStat, Sec. 378-68).
How to order.- For information on whistleblower notices, contact the Director of the Labor and Industrial Relations Department, 830 Punchbowl Street, Honolulu, HI 96813. Telephone: (808) 586-8844. Fax: (808) 586-9099.
Hawaii Whistleblower Poster
HI_Whistleblower.pdf
Holidays and vacations.- Every employer must provide to each employee in writing or through a posted notice maintained in a place accessible to employees, policies with regard to vacation (Haw RevStat, Sec. 388-7, as amended by S. 61, L. 2005).
Smoke-free law.- All businesses in Hawaii are required to post “No Smoking” signs. Signs must read “Smoking Prohibited By Law”or show the international “No Smoking”symbol. Hawaii’s Smoke-Free Law requires that signs are posted at the entrance of all businesses and that letters are clearly visible and at least one inch. Downloadable formats are available at http://www.hawaiismokefree.com and http://www.altres.com/ohr/resource-library/smokefreelaw.php. For any questions on required signage, please call the Department of Health at (808) 586-4613.
Workers' compensation/temporary disability.-
Hawaii Workers' Compensation/Temporary Disability Poster
HI_WC-Temp_Disab.pdf
Job safety and health protection.-
Hawaii Job Safety and Health Protection Poster
HI_Safety.pdf
Family leave.- Every employer shall post and keep posted notices clearly setting forth the rights of employees provided by the family leave law in a form prescribed by the director in conspicuous places in every establishment where any employee is employed so as to permit the employee to observe readily a copy on the way to or from the employee's place of employment (H. 319, L. 2009, effective May 6, 2009).
Military leave.-
Hawaii Military Leave Poster
HI_Mil_Leave.pdf
Dislocated workers.-
Hawaii Dislocated Workers Poster
HI_Dislocated_Workers.pdf