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Overtime Q&As
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Hawaii Exempt Employees: What you need to know

Under Hawaii's overtime law, an employer must pay each employee overtime in the amount of 1 1/2 times the employee's regular rate for hours worked in excess of 40 in a workweek (HI Rev. Stat. Sec. 387-3). Hawaii does not require overtime pay for hours worked in excess of 8 per day or on weekends or holidays. Because this rate is the same as that prescribed by the federal law, the net effect of the state law is to extend overtime protections to workers not covered by the federal standard.
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To be an exempt executive, administrative, or professional employee, an employee in Hawaii must earn $1,000 or more per month (HI Admin. Code Sec. 12-21-6).
An individual employed in a bona fide executive capacity is an employee:
• Whose primary duty consists of the management of the enterprise or recognized department thereof; and
• Who customarily and regularly directs the work of two or more employees.
An individual employed in a bona fide administrative capacity is an employee whose:
• Primary duty consists of the performance of office or nonmanual field work directly related to management policies or general business operations of the employer or the employer's customers; and
• Work requires the exercise of judgment or discretion.
An individual employed in a bona fide professional capacity is an employee whose:
• Primary duty consists of the performance of work requiring knowledge of an advanced type in a field of science or learning; or
• Work requires invention, imagination, or talent in a recognized field of artistic endeavor.
To be an exempt salesperson, an employee in Hawaii must be employed in a ...

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Hawaii Exempt Employees Resources

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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