Hawaii Bill of Rights

In 2013, Hawaii became the second state in the nation to enact a Domestic Worker Bill of Rights.

In Hawaii as of July, 1, 2013

Domestic Workers:

  • Must be paid at least MINIMUM WAGE, $7.25
  • Must be paid OVERTIME compensation for hours worked over 40 per work week.
  • Have the right to be free from discrimination and harm on the job

WHO IS A DOMESTIC SERVICE WORKER?

  • In Hawaii Domestic services are defined as services of a household nature performed by an employee in or about a private home (permanent or temporary) of the person by whom he or she is employed. The term includes, but is not limited to, services performed by employees such as cooks, waiters, butlers, valets, maids, housekeepers, governesses, janitors, laundresses, caretakers, handymen, gardeners, and chauffeurs of automobiles for family use. The term also includes babysitters whose employment is not on a casual basis.
  • Casual basis for domestic service workers means working intermittently or irregularly and less than 20 hours a week.
  • Employees of private companies providing domestic services have always been protected by minimum wage and overtime laws.

PAYMENT OF WAGES LAW

  • Must be paid at least twice a month, and within 7 days after the end of the pay period
  • Must be paid by cash or checks convertible to cash on demand; payment with debit cards allowed only if voluntary and no fee is charged to employee to ensure the receipt of full wages
  • Must include a detailed pay statement with total hours worked, amount paid, wage rate, pay period, and reasons and amounts of any withholding, along with the employer’s name and address
  • For employees who are discharged, wages are to be paid in full on the date of discharge, or if not possible, no later than the next work day
  • For employees who quit, wages are to be paid in full on the next regularly scheduled payday

Withholding from an employee’s wages are not allowed for:

  • Fines
  • Cash shortages in a shared or common money till
  • Fines, penalties, or replacement cost for breakage
  • Losses due to faulty workmanship, lost or stolen property, damage to property, default of customer credit or nonpayment for goods or services received by customer, unless such losses are due to the willful or intentional disregard of employer’s interest

Employer provided Benefits:

  • Vacation, sick leave and holidays are NOT required by law, but if provided, must be in writing and issued to employees or posted in an accessible place
  • Breaks are NOT required by law, except for 14 and 15 years old minors

Record Keeping: Keep employee payroll records for six years

Discrimination

  • Under state law, domestic workers are protected against discrimination but not in hiring and firing.
  • An employer cannot discriminate against a domestic worker while he or she is on the job.

Domestic workers cannot be discriminated against or be given lower pay on the job because of:

  • Race
  • Sex including Gender Identity and Gender Expression
  • Sexual Orientation
  • Age
  • Religion
  • Color
  • Ancestry
  • Disability
  • Marital Status

Examples of unlawful discrimination include:

  • Sexual harassment in the form of unwanted pressure to engage in unwelcome sexual activity or physical contact
  • Sexual assault
  • Verbal harassment or abuse that is racially or sexually offensive

Read more about the rights domestic workers have in Hawaii on the Hawaii Department of Labor and Industrial Relations website.