Hawaii final paycheck law

Layoffs and other situations

Temporary layoff or suspension because of a labor dispute: pay by the next regular payday. For quits and layoffs, pay through normal pay channels, or by mail if the employee asks. Source: data.capitol.hawaii.gov↗ (opens in a new tab)

Unused vacation and PTO

Not required by statute; your written policy decides how paid vacation is earned and used. Court notes on the state's final pay law cite a 2005 Hawaii Supreme Court decision holding that unused vacation pay at separation is not "wages" under this law. Source: data.capitol.hawaii.gov↗ (opens in a new tab)

If the final paycheck is late

Unpaid wages plus an equal extra amount, plus 6% yearly interest, unless the employer has an equitable justification. Also a civil penalty of at least $500 or $100 per violation, whichever is greater. Criminal penalties possible. Source: data.capitol.hawaii.gov↗ (opens in a new tab)

The law and where to check

The law: Haw. Rev. Stat. §§ 388-3, 388-10, 388-11 (opens in a new tab)

The agency: Hawaii Department of Labor and Industrial Relations, Wage Standards Division (opens in a new tab)

What federal law says

The federal Fair Labor Standards Act does not require employers to give a final paycheck immediately. The U.S. Department of Labor says an employee who has not received final pay by the regular payday for their last pay period can contact its Wage and Hour Division or the state labor department. Source: U.S. Department of Labor↗ (opens in a new tab)

Final paycheck checklist for Hawaii employers

A simple order of work, based on the rules above. It is not a legal checklist.

1. Write down how the job ended: fired or let go, or the employee quit. If they quit, note whether and when they gave notice.
2. Find the deadline for that situation in the table above.
3. Add up all hours worked up to the last day, including any overtime.
4. Check your written vacation or PTO policy and the vacation rule above.
5. Add any commission or bonus that was earned, using the rules above.
6. Pay on time by your usual method, or by mail if the rules above allow it and the employee asks.
7. Keep a dated record of what you paid and when.

More Hawaii employment law guides

• All Hawaii employment laws
• Hawaii paid sick leave law
• Hawaii meal and rest break laws
• Hawaii overtime law
• Hawaii pay frequency law
• Hawaii vacation and PTO payout law
• Hawaii new hire reporting
• Hawaii at-will exceptions

Final paycheck laws in other states

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Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.

Last checked: October 19, 2026. Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.