Hawaii: New-Hire Wage Notice Requirements

Requirements one by one

Each employee receives a written notice at hiring

Haw. Rev. Stat. § 388-7(1)-(2) requires every covered employer to notify each
employee in writing at hiring of the rate of pay and the day, hour, and place
of payment. Haw. Rev. Stat. § 388-1 broadly covers persons suffered or
permitted to work for private employers, but excludes the State, its political
subdivisions, and the United States.

The statute does not prescribe a state form, paper or electronic delivery, a
signature, an acknowledgment, or an employee-language or translation process.

The hire field list is limited

The notice identifies the pay rate plus payment's day, hour, and place.
Section 388-7(1) does not separately require a rate basis, multiple rates,
overtime rate, normal hours, employer identity, insurance carrier,
classification, allowances, deductions, leave, or benefits.

The same section creates separate duties for vacation and sick-leave policies,
payday records, statutory postings, and employment records. Those duties do
not add fields to the individualized hire notice.

Later changes may be written or posted

Before changing the rate of pay or the day, hour, or place of payment, the
employer must notify each employee in writing or through a notice maintained
in a place accessible to employees. The statute sets no fixed number of days;
notice must precede the change.

This is a different delivery rule from the initial notice. Posting can satisfy
the change duty, but the hire notice itself must be given in writing to each
employee.

Six-year retention applies to payday records

Section 388-7(4) requires the employer to preserve each payday record or its
equivalent for at least six years. Section 388-7(6) separately requires basic
employment and earnings records for the period and in the manner prescribed by
rule. Neither provision expressly requires retaining a copy of the hire or
change notice.

Chapter penalties reach notice violations

Haw. Rev. Stat. § 388-9(a)-(b) authorizes the Labor Director to investigate
chapter violations and institute penalty actions. Under Haw. Rev. Stat.
§ 388-10(a), a chapter violation carries a state penalty of at least $500 or
$100 per violation, whichever is greater. A willful failure to comply with
another chapter requirement can also bring a $100-to-$10,000 fine, up to one
year of imprisonment, or both under § 388-10(b)(2).

Employee recovery under Haw. Rev. Stat. § 388-11(a)-(c) and the employee-
payment portion of § 388-10(a) are tied to wages legally proven due. They
should not be described as automatic employee damages for a notice-only defect.

What trips people up

A job-posting pay range is not this notice. The Chapter 388 duty is a
written notice to the person actually hired and includes payment day, hour,
and place as well as rate.

Hire and change delivery differ. The initial notice must be given to each
employee in writing. A later change may instead be communicated through an
accessible posted notice.

There is no fixed lead time. The employer need not count a stated number of
days, but the change notice must be provided before the change occurs.

Common questions

What must the Hawaii hire notice say?

The employee's rate of pay and the day, hour, and place of payment.

May an employer post the initial notice?

No. The statute requires written notice to each employee at hiring; posting is
an option for later changes.

Must the employee sign the notice?

No signature, acknowledgment, or receipt requirement appears in § 388-7.

Does the employer have to keep the notice for six years?

The statute expressly assigns six-year retention to payday records, not to
copies of the hire or change notice.

Statutes and sources

• Haw. Rev. Stat. § 388-1. Private-sector employee and employer coverage.
  Official statute
  (accessed July 22, 2026).
• Haw. Rev. Stat. § 388-7. Hire and change notices, payday statements,
  postings, and records. Official statute
  (accessed July 22, 2026).
• Haw. Rev. Stat. §§ 388-9 to 388-11. Agency enforcement, civil and
  criminal consequences, and wage-based employee remedies. Official § 388-10
  (accessed July 22, 2026).