HAWAII - Workers’ Rights

Definition of agricultural worker under state law:

State wage law adopts the federal Fair Labor Standards Act (FLSA) definition of “agriculture.” (Haw. Rev. Stat. § 387-1)

Hawaii has a state minimum wage law. (Haw. Rev. Stat. § 387-2)
Effective Oct. 1, 2022, Hawaii’s hourly minimum wage is $12.
Hawaii’s hourly minimum wage is scheduled to increase to:
- $14 effective Jan. 1, 2024;
- $16 effective Jan. 1, 2026; and
- $18 effective Jan. 1, 2028
Agricultural workers are covered by the state minimum wage, but with some exceptions. Agricultural workers who work in coffee harvesting or work for an employer with 20 employees or less are exempt. Employees guaranteed a monthly compensation of $2,000 or more are also exempt from the state minimum wage law. (Haw. Rev. Stat. § 387-1)

Hawaii has a state law regarding overtime pay. (Haw. Rev. Stat. § 387-3)
Agricultural workers are covered by the state overtime law to some extent, but to a lesser extent than other workers. The agricultural employer may pick 20 weeks out of the year when overtime pay is exempt up to 48 hours. After 48 hours a week, overtime is required. (Haw. Rev. Stat. § 387-3(e))

State of Hawaii Wage Standards Division

Agricultural workers are covered by the state workers’ compensation law with no exceptions. Employers are required to cover agricultural workers to same extent as all other workers. (Haw. Rev. Stat. § 386-1 et seq.)

State Enforcement Agency:
State of Hawaii Disability Compensation Division

Hawaii has a statute regarding pesticide safety in agriculture. (HAW. REV. STAT. §§ 149a-1, et seq.)
In 2018, Hawaii became the first state in the U.S. to ban the highly toxic pesticide chlorpyrifos. (SB 3095)
Suspected pesticide poisoning is a reportable illness for health care providers. Physicians and laboratories must report known or suspected pesticide-related illness and injury to the Department of Health within 24 hours. (Hawaii Law HAR 1-5). Hawaii’s Department of Health has an agreement with the Hawaii Poison Center to inform the health department on the provider’s behalf.

State Enforcement Agency:
Hazard Evaluation and Emergency Response Office

There is no provision (or judicial interpretation of a provision) in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or to engage in collective bargaining with their employers.
There is a state statute for labor unions and it does not exclude agricultural workers from the definition of employee. Employees have the right to join and organize labor unions free from retaliation (such as being fired, demoted or disciplined) and to engage in collective bargaining with employers. (HAW. REV. STAT. §§ 377-1 et seq.)
The “Hawaii Employment Relations Act” (HERA) establishes the Hawaii Labor Relations Board and sets rules for the conduct of union activities, including representation elections and unfair labor practice complaints. Employees have the right to unionize and collectively bargain. (HAW. REV. STAT. § 377-4).
Agricultural workers must give the Hawaii labor relations board 10 days advance notice of their intent to strike when the strike would tend to cause the destruction or serious deterioration of the product. (HAW. REV. STAT. § 377-12).