Hawaii has enacted legislation (Senate Bill 1057), which requires employers with 50 or more employees to disclose in job listings the hourly rate or salary range for the position. Senate Bill 1057 also broadens the state’s equal pay law. The changes take effect Jan. 1, 2024.
The details
Effective Jan. 1, 2024, employers with 50 or more employees must disclose in job listings an hourly rate or salary range that reasonably reflects the actual expected compensation for the position.
The pay disclosure requirement doesn’t apply to job listings for:
- Positions that are internal transfers or promotions within a current employer; or
- Public employee positions for which salary, benefits or other compensation are determined pursuant to collective bargaining.
Senate Bill 1057 also broadens the state’s equal pay law, which applies to all Hawaii employers, as follows.
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Current Law
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Effective Jan. 1, 2024
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Employers are prohibited from discriminating against employees because of sex by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to employees of the opposite sex in the establishment for equal work on jobs the performance of which requires equal skill, effort and responsibility, and that are performed under similar working conditions.
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Employers are prohibited from discriminating against employees because of any characteristic that is protected under state law by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to other employees in the establishment for substantially similar work on jobs the performance of which requires equal skill, effort and responsibility, and that are performed under similar working conditions.
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Pay differentials don’t violate the law if they result from:
- A seniority system;
- A merit system;
- A system that measures earnings by quantity or quality of production;
- A bona fide occupational qualification; or
- A differential based on any other permissible factor other than sex.
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Pay differentials don’t violate the law if they result from:
- A seniority system;
- A merit system;
- A system that measures earnings by quantity or quality of production;
- A bona fide occupational qualification; or
- A differential based on any other permissible factor other than any characteristic that is protected under state law .
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Next steps
Covered Hawaii employers should review policies and procedures to ensure compliance with the applicable provisions of Senate Bill 1057.
Please contact your HR Business Partner with any questions.
Thank you,
ADP