Your pay rights in Hawaii
Act 203 (2023), Relating to Employment Earnings (S.B. 1057) (Haw. Rev. Stat. § 378-2.8 (job listing disclosures); § 378-2.4 (salary history))
Job posting rules in effect since January 1, 2024
Hawaii employers with 50 or more employees must include an hourly rate or salary range that reasonably reflects the actual expected pay in job listings. Employers may not ask about or rely on your salary history.
Who is covered
Employers with 50 or more employees. The Hawai'i Civil Rights Commission says the law does not specify where the 50 employees must be located, or whether they must be full-time. It does not apply to internal transfers or promotions, or to public jobs whose pay is set by collective bargaining. The law does not say how it applies to remote jobs.
What a job posting must show
- An hourly rate or salary range that reasonably reflects the actual expected pay for the job
Pay history
Employers and employment agencies may not ask about your salary history or rely on it to set your pay during hiring. They may discuss your pay expectations. If you volunteer your history, they may consider and verify it.
What you can do
- File a complaint with the Hawai'i Civil Rights Commission, starting with its Pre-Complaint Questionnaire. Since May 28, 2026 (Act 56), you have 1 year from the violation (or from the last in a pattern) to file.
- Employers cannot retaliate against you or stop you from discussing wages with coworkers.
Where to report a posting without pay
Hawai'i Civil Rights Commission (HCRC)
The law does not set specific fines for job-listing violations. Complaints go through the Commission's investigation and hearing process, which can lead to remedies ordered for the worker.
Sources
- HRS § 378-2.8 Job listing; disclosures (Hawaii State Legislature)
- HRS § 378-2.4 Employer inquiries into and consideration of salary or wage history
- SB1057 CD1 (Act 203, 2023)
- Act 203 Pay Transparency FAQs (HCRC)
- Act 203 – Pay Transparency & Equal Pay (HCRC)
- Act 56 (2026) Extends Statute of Limitations to File Complaints with the HCRC
- HCRC FAQs
2026 bills (SB2386 and HB2367) would have extended coverage to part-time, temporary and seasonal jobs and lowered or removed the 50-employee threshold. They do not appear to have passed, so current law is treated as unchanged. The law does not expressly say how § 378-2.8 is enforced or what remedies apply; the Civil Rights Commission enforces this part of the employment law and publishes guidance on it.