Hawaii Harassment Laws
Any form of unwanted, negative behavior in the workplace is considered
harassment, whether it be from an employer, fellow worker, or employee.
Harassment can come in different forms and be towards religious
preference, race, ages, gender, ethnicity, disability, or country of
origin. However if an individual criticizes all kinds of individuals in
a workplace, he or she is not singling out one class but rather
objectifying all. Under these circumstances this is not called
In order for offensive behavior to be deemed hostile in the work
environment two things must first apply. The first is where an
individual is profiled due to color, pregnancy, religion, race, country
of origin, gender, disability, or age. The current employer must also
have known of the discrimination and must have not taken action.
Hostile work environments are often confused with sexual harassment.
Sexual harassment causes one individual discomfort from advancement and
perpetual, unwanted attention. This kind of harassment can be from
either a man or a woman.
The Equal Employment Opportunity Commission covers hostile work
environment cases and has the ability to award those afflicted with
cash settlements through court. Court settlements are to be a last
resort and for prolonged harassment cases.
Hawaii Minimum Wage
In 2009 the United States increased its federal minimum wage. This
change required all fifty states to increase their minimum wages to
meet this minimum rate or cause them to raise minimum wages higher to
compensate for state taxes and expenses. All employees in the state of
Hawaii are paid via the amount of time worked. Minimum wage also
depends on whether or not an employee is tipped on a regular basis.
Under federal law Hawaii an employee can legally be paid just over two
dollars an hour if he or she receives enough tips per shift to make up
the payment difference.
Normally Hawaii employees are paid seven dollars an hour when on a
shift that heavily acquires tips. Otherwise the state minimum wage is
the same as the federal minimum of seven dollars and twenty-five cents
an hour. Under this law employees are permitted to keep all of their
tips and not give any portion to a manager or other employee.
Under the tip minimum wage in Hawaii, a service charge is not legally
considered a tip. In these cases the employees working that specific
shift will split the pooled tips. The Fair Labor Standards of 1938
states which portions are considered tips, which are not, what the
minimum wage for the nation is required to be, and other issues in
regards to employee wages.
No federal law or Hawaii state law requires employers to allow
employees off for holidays. Employers are also not required to pay
employees for holidays off nor extra for working holidays. Employers
have the right to pay employees extra for working holidays or pay
employees for holidays off. Under federal law all companies and
businesses can legally be open for business three hundred sixty-five
days of the year without providing holidays or holiday benefits.