Leyes de indemnización por despido en Hawaii
Hawaii has one of the most worker-protective mini-WARN statutes in the country: the Hawaii Dislocated Workers Act, codified at HRS chapter 394B. The statute applies to employers with fifty or more employees — half the federal threshold of one hundred — and requires sixty days of advance written notice for any plant closing, partial plant closing, or relocation that affects fifty or more workers. The statute also imposes a four-week severance pay supplement for affected workers when the employer fails to give the required notice, which is unusual and significantly broader than the federal WARN remedy of back pay.
Final wages in Hawaii are governed by HRS §388-3, which requires payment at the time of an involuntary termination, or by the next regular payday in the case of voluntary resignation. Accrued vacation is wages if payable under company policy. The Hawaii Department of Labor and Industrial Relations enforces the statute and may recover statutory liquidated damages plus attorney's fees for willful nonpayment.
On non-competes, Hawaii enacted HRS §480-4 in 2015, which prohibits non-competes for technology workers in particular and applies a strict reasonableness test for non-competes in other industries. The clause must protect a legitimate business interest, be reasonable in duration and geographic scope, and not impose undue hardship on the employee. Customer non-solicits face a parallel framework.
On discrimination, the Hawaii Civil Rights Act and Hawaii Employment Practices Act (HRS chapter 378) provide some of the broadest discrimination protections in the country. The statute applies to all employers regardless of size and covers a long list of protected categories including marital status, arrest record (within certain limits), credit history, and reproductive-health decisions. The Hawaii Civil Rights Commission administers claims.
Hawaii's economy is heavy in tourism and hospitality, government and military, healthcare, and agriculture. Tourism layoffs during economic downturns are common and often trigger the Dislocated Workers Act's coverage. For employees forty and over signing a separation agreement, the federal ADEA provides the standard 21-day review window (45 days for group layoffs) and 7-day revocation period. Hawaii's broader discrimination statute often makes the state-law claims more valuable than the federal ones.
¿Cuánto reciben los trabajadores de Hawaii?
Hawaii employers in healthcare, government, and finance typically offer two to three weeks of severance per year of service for individual contributors, with the Dislocated Workers Act four-week supplement layered on for covered layoffs. Tourism and hospitality come in lower, often at one week per year or less for front-line workers, though the four-week DWA supplement raises the floor materially when notice is skipped.
Referencias por industria en Hawaii
In Hawaii, healthcare and government pay above the modeled midpoint; tourism and hospitality come in below — but the Dislocated Workers Act four-week supplement raises the floor where notice is skipped.
Industrias principales
- · Tourism and hospitality
- · Healthcare
- · Government and military
- · Agriculture
- · Construction
Ciudades principales
- · Honolulu
- · Hilo
- · Kailua
- · Kapolei
- · Kahului
Preguntas frecuentes — indemnización en Hawaii
Does Hawaii have its own WARN Act?+
Yes, the Hawaii Dislocated Workers Act under HRS chapter 394B. It applies to employers with fifty or more employees (half the federal threshold) and requires sixty days of advance notice for plant closings, partial closings, or relocations affecting fifty or more workers. The statute also imposes a four-week severance supplement when notice is skipped — broader than the federal WARN back-pay remedy.
When is my final paycheck due in Hawaii?+
Under HRS §388-3, an involuntary termination triggers immediate payment of all earned wages at the time of termination. Voluntary resignations are paid on the next regular payday. Accrued vacation is wages if payable under company policy. Statutory liquidated damages plus attorney's fees are available for willful nonpayment.
Are non-competes enforceable in Hawaii?+
For technology workers, HRS §480-4 prohibits employee non-competes outright. For other industries, a strict reasonableness test applies — the clause must protect a legitimate business interest, be reasonable in duration and geographic scope, and not impose undue hardship.
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