Hawaii Equal Pay Checklist
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How to fill out Equal Pay Checklist?
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FAQ
Wage and Tax Statements (Form W-2) Hawaii Income Tax Withheld and Wages Paid (Form HW-2) Hawaii Employers Annual Return and Reconciliation (Form HW-3) Hawaii Withholding Tax Return (Form HW-14)
Generally, Hawaii is an at will State. This means an employer does not need to give you a reason to let you go, lay you off, or fire you unless: You have a contract with the employer that requires you be notified of the reason.
In fact, employees' right to discuss their salary is protected by law. While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time.
Employers can't retaliate against employees who disclose their wages to other employees, discuss their wages or inquire about the wages of other employees. Remedies for violations of the law are included in Hawaii's antidiscrimination law.
The Equal Pay Act (EPA) protects both men and women. All forms of compensation are covered, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.
Generally, under Haw. Rev. Stat. § 388-3, an employer must issue a final paycheck to a terminated employee immediately, or if immediate payment is not possible, no later than the next business day.
An employer may not prohibit an employee from disclosing his or her own wages, discussing the wages of others, inquiring about another employee's wages, or aiding or encouraging any other employee to exercise rights under the Equal Pay Act.
In Hawaii, an employee can file a private lawsuit to recover unpaid wages, civil penalties, and attorney's costs and fees. In the event that the employer willfully violated the law, liquidated damages may also be recovered.
Hawaii labor laws require employers to pay employees overtime at a rate of 1½ time their regular rate of pay when they work over 40 hours in a workweek. HI Wage and Hour Laws. Federal overtime laws may also apply. For federally-defined exemption and other federal overtime laws see FLSA: Overtime.
Final paychecks in HawaiiEmployees who are terminated or laid off must be paid final wages at the time of discharge, according to Hawaii wage and hour laws. Employees who quit or separate from employment due to a labor dispute must be paid final wages no later than the next regularly scheduled payday.
