Hawaii Labor Law Breaks
Regarding rest periods for workers 16 years of age and older, Hawaii falls back on federal law. Only if it lasts less than 20 minutes must a meal break be paid if an employer wishes to offer one. As long as the employee is entirely relieved of all obligations, breaks longer than 30 minutes are considered meal intervals and do not require payment. 30 minutes for workers aged 14 and 15 who put in five straight hours.
Hawaii Harassment Laws
Any form of unwanted, negative behavior in the workplace is considered harassment, whether it be from an employer, fellow worker, or employee. Harassment can come in different forms and be towards religious preference, race, age, gender, ethnicity, disability, or country of origin. However, if an individual criticizes all kinds of individuals in a workplace, he or she is not singling out one class but rather objectifying all. Under these circumstances, this is not called harassment.
In order for offensive behavior to be deemed hostile in the work environment two things must first apply. The first is where an individual is profiled due to color, pregnancy, religion, race, country of origin, gender, disability, or age. The current employer must also have known of the discrimination and must have not taken action. Hostile work environments are often confused with sexual harassment. Sexual harassment causes one individual discomfort from advancement and perpetual, unwanted attention. This kind of harassment can be from either a man or a woman.
The Equal Employment Opportunity Commission covers hostile work environment cases and has the ability to award those afflicted with cash settlements through court. Court settlements are to be the last resort for prolonged harassment cases.
Hawaii Minimum Wage
In 2009 the United States increased its federal minimum wage. This change required all fifty states to increase their minimum wages to meet this minimum rate or cause them to raise minimum wages higher to compensate for state taxes and expenses. All employees in the state of Hawaii are paid on the amount of time worked. The minimum wage also depends on whether or not an employee is tipped on a regular basis. Under federal law, in Hawaii, an employee can legally be paid just over two dollars an hour if he or she receives enough tips per shift to make up the payment difference.
Normally Hawaii employees are paid seven dollars an hour when on a shift that heavily acquires tips. Otherwise, the state minimum wage is the same as the federal minimum of seven dollars and twenty-five cents an hour. Under this law, employees are permitted to keep all of their tips and not give any portion to a manager or other employee.
Under the tip minimum wage in Hawaii, a service charge is not legally considered a tip. In these cases, the employees working that specific shift will split the pooled tips. The Fair Labor Standards of 1938 states which portions are considered tips, and which are not, what the minimum wage for the nation is required to be, and other issues in regard to employee wages.
No federal law or Hawaii state law requires employers to allow employees off for holidays. Employers are also not required to pay employees for holidays off or extra for working holidays. Employers have the right to pay employees extra for working holidays or pay employees for holidays off. Under federal law, all companies and businesses can legally be open for business three hundred sixty-five days of the year without providing holidays or holiday benefits.