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A Hawaii employment contract allows new hires and employers to outline the details of their working relationship. The agreement should clearly state the title, duties, and responsibilities the hiree will be expected to carry out during their employment period, which may be “at-will” or for a fixed term. The contract outlines what financial compensation, benefits, and vacation time the employee will receive in exchange for their services.
Special provisions may be included in the document as well, for example, whether the employee may act on behalf of the employer when making agreements with customers or vendors. The employer may also require that the employee agrees to a non-compete clause, which may also be included in this contract.
Contents |
Types (2)
Independent Contractor Agreement – This agreement enables a freelancer to provide work for their client.
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Subcontractor Agreement – This contract is used by contractors to hire out portions of a larger project to other parties.
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Laws
- Labor Statutes: Title 21 – Labor and Industrial Relations
- Definition of Employee: § 388-1
- Minimum Wage: $10.10/hr (§ 387-2)
- Overtime: Overtime pay is one and a half (1.5) times the standard wage (§ 387-3).
- Record Keeping: Employment records must be kept for six (6) years (Hawaii Wage Standards Division).
At-Will Employment
Permitted? Yes, “at-will” employment is permitted in Hawaii, whereby employers may terminate their employees for any reason that does not contradict state or federal laws. Employees may not be terminated for the following reasons:
- Discrimination (§ 378-2)
- Filing for a wage earner plan under Chapter XIII of the Bankruptcy Act (§ 378-32(1))
- A work injury (§ 378-32(2))
- Testifying in a proceeding against their employer (§ 378-32(3))
- Testing positive for drugs or alcohol on an on-site screening test (§ 378-32(4))
- Using sick leave benefits (§ 378-32(4)(b))