Hawaii
In the state:
1. Is there an existing salary history ban (prohibiting employers from asking about prior salary(ies))? If so, what is the name of the State law that establishes that ban?
Yes. In accordance with the Equal Pay Act (SB 2351), employers are prohibited from requesting or considering a job applicant’s wage or salary history during the employment application process or when making compensation offer.
2. Is there a legal obligation to publish salaries when advertising roles internally or externally? If so, what is the requirement and what is the name of the State law that establishes that requirement?
Yes. In accordance with Act 203, which went into effect on January 1, 2024, employers with 50 or more employees must include an hourly rate or salary range that reasonably reflects the actual expected compensation in external job listings.
3. Is there a duty on employers to report on any gender pay differences? If so, what is the name of the State law that establishes that duty?
No.
4. Is there a duty on employers to report on any other pay (eg. ethnicity or disability etc.) differences? If so, what is the name of the State law that establishes that duty?
No.
5. Are employers required to take steps to reduce any identified pay gap?
In accordance with Act 203, which went into effect on January 1, 2024, employers are prohibited from paying lower wages to any protected category of worker for substantially similar work. Employers can therefore face liability if they fail to take steps to reduce any pay gap in circumstances where such differences cannot be justified based on non-discriminatory reasons.
6. Where there is a duty to report on any pay difference:
- What is the required frequency of reporting? N/A.
- What are the requirement triggers (e.g. employee headcount)? N/A.
- Is the report required to be published externally? N/A.
- Is there any sanction for non-compliance? N/A.
7. Is there any pending legislation relating to pay transparency? If so, what is the current position?
N/A.
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