Salary Transparency Laws in Hawaii: What Employers Must Disclose

Federal law does not mandate nationwide salary range disclosure in job postings. The Equal Pay Act (29 U.S.C. § 206) requires equal pay for substantially equal work but does not require employers to disclose wage ranges proactively. Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) and the Age Discrimination in Employment Act (29 U.S.C. § 621) prohibit discrimination in compensation decisions but contain no affirmative disclosure requirement.

The EEOC enforces federal pay discrimination laws, investigating complaints of wage disparity based on protected characteristics. Federal law permits employers to keep compensation confidential and does not require employers to post salary ranges in job advertisements or share pay information with candidates during recruitment. Some states and localities have enacted salary transparency laws that go beyond federal requirements, establishing affirmative disclosure obligations. Federal contractors must keep compensation records under Department of Labor regulations (41 U.S.C. § 4712), but this does not extend to public disclosure of ranges.

Hawaii Revised Statutes section 378-2.4 mandates that employers disclose the range of compensation, benefits, and terms of employment for a position in all job postings and advertisements. The law applies to employers of any size recruiting in Hawaii, regardless of whether the position is located in Hawaii or elsewhere. Hawaii's requirement is considerably stronger than federal law, which contains no affirmative duty to disclose salary ranges.

Under Hawaii's law, employers must provide the salary range or compensation information upon request from applicants or employees. This requirement applies to positions advertised in print, online, on company websites, or through any other recruitment medium. Hawaii's statute prohibits wage discrimination and is enforced by the Hawaii Department of Labor and Industrial Relations and the Hawaii Civil Rights Commission. The law covers private sector employers, public sector employers, and labor contractors.

Hawaii law does not exempt small employers or specific industries, creating a broad mandate. Employers cannot discriminate in pay based on protected characteristics including race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. The requirement to disclose compensation promotes transparency and helps prevent wage gaps. Remedies available to employees who experience wage discrimination or retaliation for requesting salary information include damages, injunctive relief, and attorney fees under Hawaii's civil rights statutes.

Hawaii's salary transparency law contains limited exceptions. Employers may decline to disclose compensation in narrow circumstances if disclosure would compromise legitimate business interests, such as trade secrets or competitive sensitivity, but the burden is on the employer to justify non-disclosure.

Positions filled through executive search firms or recruitment agencies may have different disclosure dynamics, though the ultimate employer responsibility to disclose salary ranges remains. Positions that are bonafide volunteer positions or unpaid internships may fall outside the disclosure requirement, though internships at for-profit employers must comply with wage and hour laws.

Employees working under collective bargaining agreements may have compensation determined through union contracts, but employers still must comply with Hawaii's transparency requirements unless the collective bargaining agreement explicitly provides for confidentiality of compensation ranges. The law does not exempt employers who claim legitimate business reasons for pay secrecy; Hawaii policy favors transparency to combat pay discrimination.

Employers may face liability for retaliating against employees who ask about salary ranges or request wage information. Retaliation is prohibited under Hawaii Revised Statutes section 378-62. The law does not permit employers to prohibit employees from discussing wages or from requesting salary information from their employer.

**Step 1: Document the Violation.** Keep copies of the job posting that failed to include a salary range. Screenshot or print the advertisement from the employer's website, job board (Indeed, LinkedIn, etc.), or email communication. Document the date you applied or viewed the posting. Record any time you requested salary information from the employer and the employer's response or refusal to disclose. Note whether the employer told you not to discuss wages or discouraged you from asking about compensation. Save all written communications related to salary discussions.

**Step 2: Internal Complaint Process.** Send a written request to the employer's human resources or management asking for the salary range for your position or the position you applied for. Use email so you have proof of the request and the date. Keep the request professional and reference Hawaii Revised Statutes section 378-2.4. Document whether the employer complies, delays, or refuses. Wait a reasonable time (generally 5-10 business days) for a response. If the employer refuses or retaliates, document this immediately with dates and details of any adverse employment action.

**Step 3: File a Charge with the State Agency.** Contact the Hawaii Department of Labor and Industrial Relations, Labor Standards Division, or file with the Hawaii Civil Rights Commission. You can file online at labor.hawaii.gov or in person at the DLIR office in Honolulu. Include your name, contact information, employer name, date of the violation, a description of the job posting or salary request and the employer's response, and copies of all relevant documentation. There is typically no filing fee. Hawaii law does not have a strict statute of limitations for wage discrimination claims, but filing promptly is advised. You may also file a federal charge with the EEOC if discrimination based on a protected characteristic (race, sex, age, etc.) is involved.

**Step 4: Investigation Process.** The Hawaii Department of Labor will assign an investigator to your case. The investigator will contact the employer and request the job posting, recruitment materials, and wage records. The process typically takes 30-90 days, though complex cases may take longer. You may be asked to provide additional information or clarify details. The employer may dispute the violation or claim an exception applies. The investigator will determine whether Hawaii Revised Statutes section 378-2.4 was violated. If a violation is found, the DLIR may issue an order requiring the employer to comply and may recommend damages.

**Step 5: Escalation and Legal Action.** If the employer does not comply with an administrative order, you may file a civil lawsuit in Hawaii District Court (for claims under $10,000) or Circuit Court (for larger claims). Consider consulting an employment law attorney if the employer retaliates, if you experience wage discrimination beyond the transparency violation, or if administrative remedies do not resolve the issue. An attorney can assess whether you have a wrongful termination claim, retaliation claim, or wage discrimination claim and advise on damages and remedies. Hawaii allows recovery of attorney fees in successful employment discrimination cases.