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.
To be an exempt executive, administrative, or professional employee, an employee in Hawaii must earn $1,500 or more per month exclusive of board, lodging, or other facilities (HI Admin. Code Sec. 12-21-6). Hawaii also recognizes an exemption for any employee guaranteed a salary of at least $2,000 or more per month, whether paid on a weekly, biweekly, or monthly basis (HI Rev. Stat. Sec. 387-1). Note that since the federal salary threshold is higher than the state salary threshold, Hawaii employees will have to meet the federal salary threshold in order to be considered exempt from overtime.
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 ...