Hawaii has established comprehensive wage transparency requirements that include salary posting mandates for larger employers, detailed employee notification requirements, and wage discussion protections for all workers. The Hawaii pay transparency law provides significant protections while using a tiered approach that requires wage disclosure in job postings for employers with 50 or more employees and comprehensive notification and wage discussion rights for all employers.
Here’s what you need to know about Hawaii’s pay transparency requirements and how they position the state among those implementing meaningful wage equity legislation.
Core Law & Compliance
What Is the Hawaii Pay Transparency Law? (2025 Update)
Hawaii’s pay transparency framework consists of comprehensive components designed to enhance wage equity and protect employee rights. The primary posting requirements are found in Hawaii Revised Statutes Section 378-2.8, which requires employers with 50 or more employees to disclose reasonably expected actual wage rates in job postings.
The wage discussion protections under Hawaii Revised Statutes Section 378-2.3 prohibit all employers from preventing employees from discussing wages or taking adverse action against employees who disclose wage information.
Additional notification requirements under Section 388-7 mandate that all employers provide detailed wage information to new hires and advance notice of changes to wages or payment terms, ensuring transparency throughout the employment relationship.
Hawaii Salary Posting Requirements for Employers
Under Hawaii Revised Statutes Section 378-2.8, all Hawaii employers with 50 or more employees must disclose the reasonably expected actual wage rate in all job postings. The employee location is not specified in determining the threshold, meaning total workforce size across all locations applies.
Notable exceptions include internal transfers or promotions and public employee positions whose salary, benefits, and other compensation are determined by collective bargaining, which are exempt from the posting requirements.
The requirement to disclose “reasonably expected actual wage rate” creates a standard that focuses on realistic compensation expectations rather than broad ranges that might not reflect what employers actually intend to pay.
When Did/Does the Hawaii Pay Transparency Law Take Effect?
Hawaii’s pay transparency provisions are currently in effect, establishing the state’s comprehensive framework for wage transparency and worker protection. The salary posting requirements for employers with 50 or more employees and universal wage discussion protections create a robust system of transparency rights.
The notification requirements under Section 388-7 apply to all employers regardless of size, while the wage discussion protections under Section 378-2.3 ensure that workers across all organizations can discuss compensation without fear of retaliation.
Employers must ensure current compliance with all applicable provisions, as Hawaii’s framework provides comprehensive worker protections and creates meaningful obligations for transparency throughout employment relationships.
Employer Responsibilities
Which Employers Must Comply With the Hawaii Pay Transparency Law?
Hawaii’s pay transparency requirements apply to different categories of employers based on specific obligations and workforce size.
All Hawaii employers, regardless of size, must comply with wage discussion protections under Section 378-2.3 and comprehensive notification requirements under Section 388-7, ensuring that workers across all organizations receive fundamental transparency protections.
Employers with 50 or more employees must additionally comply with salary posting requirements under Section 378-2.8, disclosing reasonably expected actual wage rates in job postings (with exceptions for internal transfers/promotions and collectively bargained public positions).
Hawaii Pay Transparency Thresholds by Employer Size
Hawaii uses a tiered approach based on employer size:
- All Employers: Must comply with wage discussion protections, provide written wage notifications at hire, and give advance notice of wage changes and vacation/sick leave policies (Haw. Rev. Stat. §§ 378-2.3, 388-7)
- Employers with 50+ Employees: Must additionally disclose reasonably expected actual wage rates in job postings (with specified exceptions) (Haw. Rev. Stat. § 378-2.8)
This graduated system ensures that all employees receive fundamental wage discussion protections and detailed notifications while requiring enhanced disclosure from employers with greater resources and hiring activity.
Penalties for Violating the Hawaii Pay Transparency Law
Hawaii provides enforcement mechanisms for pay transparency violations, particularly under the wage discussion protection provisions. Employers who violate wage discussion protections by prohibiting wage discussions or taking adverse action against employees who disclose wages face potential legal consequences.
The law specifically prohibits retaliation against employees who exercise their wage discussion rights, creating enforceable protections for worker communication about compensation.
Failure to comply with salary posting requirements or notification obligations can result in enforcement action through appropriate state agencies, with Hawaii’s comprehensive framework supporting compliance monitoring and worker protection.
Employee Rights & Impact
What Employees Should Know About the Hawaii Pay Transparency Law
Hawaii employees benefit from comprehensive wage transparency protections that provide meaningful rights throughout the employment relationship. All workers have explicit rights to discuss and disclose their wage rates without fear of employer retaliation, regardless of their employer’s size.
Job seekers benefit from salary posting requirements that provide reasonably expected actual wage rates for positions at employers with 50 or more employees, allowing informed decision-making about job opportunities (with exceptions for internal transfers/promotions and collectively bargained public positions).
All employees have rights to detailed written notifications at hire and advance notice of changes to wages, payment terms, and vacation/sick leave policies, ensuring comprehensive transparency throughout their employment relationships.
Employee Rights Under Hawaii Salary Posting Law
Hawaii’s salary posting law grants employees comprehensive rights designed to promote transparency and prevent wage discrimination.
The fundamental right to wage discussion under Section 378-2.3 means all employees can freely share salary information with colleagues and others, and can discuss compensation practices without facing adverse employment actions.
Job applicants have rights to receive reasonably expected actual wage rate information for positions at employers with 50 or more employees, ensuring they can evaluate opportunities with realistic compensation expectations rather than broad ranges that might not reflect actual pay.
All employees have rights to detailed notifications about their compensation terms and advance notice of changes, providing comprehensive transparency regardless of their employer’s size.
How the Hawaii Pay Transparency Law Helps Reduce Wage Gaps
Hawaii’s comprehensive approach to pay transparency directly addresses multiple factors that contribute to wage gaps. The salary posting requirements for larger employers help eliminate information asymmetries by ensuring candidates have access to realistic wage information for covered positions.
The universal wage discussion protections enable employees across all organizations to identify potential pay disparities through protected conversations with colleagues, making patterns of discrimination more visible and actionable.
The detailed notification requirements for all employers ensure that workers understand their complete compensation terms and receive advance notice of changes, promoting transparency that supports informed decision-making about career and compensation matters.
HR & Legal Best Practices
How HR Teams Can Comply With Hawaii Pay Transparency Law
HR teams should implement comprehensive procedures covering all aspects of Hawaii’s multi-layered transparency requirements.
For employers with 50 or more employees, establish clear procedures for including reasonably expected actual wage rates in job postings, with appropriate systems to identify and exempt internal transfers/promotions and collectively bargained public positions from posting requirements.
Implement robust policies protecting employees’ wage discussion rights and prohibiting retaliation. Train managers and supervisors on these protections to ensure consistent implementation across the organization.
Develop comprehensive notification procedures for all employers that provide detailed wage information at hire and advance notice of changes to wages, payment terms, and vacation/sick leave policies.
Updating Job Postings to Meet Hawaii Salary Transparency Rules
Job postings from employers with 50 or more employees must include reasonably expected actual wage rates that provide realistic compensation information to job seekers. These should reflect what the employer genuinely expects to pay for positions rather than broad ranges that might not represent actual compensation intentions.
Ensure that posting practices properly identify which positions qualify for exemptions (internal transfers/promotions and collectively bargained public positions) while maintaining compliance for all other covered positions.
Focus on providing wage rate information that helps candidates make informed decisions about pursuing opportunities while accurately reflecting the employer’s compensation expectations for each role.
Does the Hawaii Pay Transparency Law Apply to Remote or Hybrid Workers?
Hawaii’s pay transparency law applies based on employer workforce size and employee location within Hawaii. Employers meeting the 50-employee threshold must comply with posting requirements for positions in Hawaii, regardless of whether they are remote, hybrid, or in-person.
The wage discussion protections and notification requirements apply to all Hawaii employees regardless of work arrangement, ensuring consistent protection across different employment arrangements.
For employers with distributed workforces, Hawaii’s requirements create comprehensive compliance obligations that ensure remote and hybrid workers receive the same transparency protections as traditional in-office employees.
Comparison and Broader Context
How Hawaii Pay Transparency Rules Compare With California and New York
Hawaii’s approach to pay transparency incorporates strong elements while maintaining its own distinct characteristics. The 50-employee threshold is higher than many other transparency states, but the requirement for “reasonably expected actual wage rate” creates a more specific standard than some states that allow broader ranges.
Hawaii’s universal wage discussion protections and comprehensive notification requirements for all employers ensure that workers at smaller organizations still receive meaningful transparency benefits, even without posting requirements.
The exceptions for internal transfers/promotions and collectively bargained public positions demonstrate Hawaii’s thoughtful approach to implementation while maintaining comprehensive coverage for most job postings from covered employers.
Federal Pay Transparency Requirements vs. Hawaii Law
Hawaii’s comprehensive state-level requirements exceed current federal transparency protections through proactive salary posting requirements for larger employers and universal wage discussion protections with detailed notification mandates.
The state’s focus on “reasonably expected actual wage rate” creates more specific disclosure standards than many federal requirements while providing comprehensive protection for wage discussion activities.
Hawaii’s framework demonstrates how state legislation can provide targeted enhancements to worker protections that address specific workforce needs while exceeding federal minimums.
Pay Transparency Laws by State: Where Does Hawaii Stand?
Hawaii ranks among states implementing meaningful pay transparency legislation with a balanced approach that provides comprehensive protection through graduated requirements. The 50-employee threshold for posting requirements is moderate compared to other transparency states.
The emphasis on “reasonably expected actual wage rate” and comprehensive notification requirements for all employers positions Hawaii as having a well-designed transparency framework that balances meaningful disclosure with practical implementation.
Hawaii’s approach contributes to the growing momentum for pay transparency legislation while demonstrating how states can create effective frameworks that address their specific economic and workforce characteristics.
FAQs About the Hawaii Pay Transparency Law
Do small businesses need to comply with Hawaii pay transparency law?
All Hawaii employers must comply with wage discussion protections, detailed wage notifications at hire, and advance notice of wage changes and vacation/sick leave policies. Only employers with 50 or more employees must include wage rates in job postings, providing relief for smaller businesses while ensuring fundamental transparency protections for all workers.
How should employers update existing job postings?
Employers with 50 or more employees must update job postings to include reasonably expected actual wage rates, except for internal transfers/promotions and collectively bargained public positions. The wage rates should reflect realistic compensation expectations rather than broad ranges that might not represent what the employer actually intends to pay.
Are salary ranges required for internal postings as well as external ones?
Hawaii specifically exempts internal transfers and promotions from the wage posting requirements, meaning employers are not required to include wage rates in internal advancement opportunities. This exception recognizes the different nature of internal career progression compared to external hiring.
What happens if employers fail to disclose salaries?
Employers who violate Hawaii’s pay transparency requirements may face enforcement action through appropriate state agencies. The law specifically prohibits retaliation against employees who exercise their wage discussion rights, with comprehensive enforcement mechanisms supporting compliance across all areas of the transparency framework.
Ready to learn more? Schedule a demo today!
Looking for pay transparency laws for a different state? View our interactive map of pay transparency laws by state.
