New hiring laws in Hawaii for 2027: the $16 minimum wage, a one-year window for discrimination complaints, health care background checks and what employers do next

As of November 2026, Hawaii's hiring changes for 2026 and 2027 start with pay: the minimum wage rose to $16.00 an hour on January 1, 2026, the last step before $18.00 on January 1, 2028. The 2026 Legislature then gave applicants and employees one year, instead of 180 days, to file a discrimination complaint with the Hawaii Civil Rights Commission (Act 56, May 28, 2026); rewrote background checks for health care facility workers as a one-time fingerprint check plus name checks every two years (Act 42, July 1, 2026); let 18-year-olds drive commercially within the state through apprenticeships or structured employer training (Act 22, May 21, 2026); let counties demand wage and classification information from building contractors (Act 27, May 22, 2026); and extended emergency hiring of unlicensed teachers to five years (Act 30, May 22, 2026).

Hawaii passed no new pay transparency, salary history, ban-the-box, AI hiring or E-Verify rule in 2026. Each act below links to its measure page on the Legislature's site, with the date the act took effect. The standing checklist (workers' compensation, temporary disability insurance, prepaid health care, the HW-4, new-hire reporting) is in our Hawaii hiring hub; this page is the dated list of what is new.

Which Hawaii hiring laws changed in 2026, and what changes in 2027?

Hawaii laws and the federal rules that apply to Hawaii employers, sorted by date.

What is the Hawaii minimum wage in 2026 and 2027?

$16.00 an hour for all of 2026 and 2027. The Department of Labor and Industrial Relations' minimum wage page lists the schedule set by Act 114 of 2022: "$16.00 per hour beginning January 1, 2026; and $18.00 per hour beginning January 1, 2028." Tip credit rules are in the department's tip credit notice on the same page. Job ads and offers for entry-level roles should show at least $16.00, and offers for roles that will run into 2028 should note the next step.

How long do candidates have to file a discrimination complaint in Hawaii?

One year. Act 56 (SB 2727) amends HRS 368-11(c) so that "no complaint shall be filed after the expiration of one year," replacing "one hundred eighty days," after the date of the alleged unlawful discriminatory practice or the last occurrence in a pattern of ongoing discrimination. It took effect on approval, May 28, 2026. Complaints under Hawaii's fair employment law, including refusals to hire and the salary history and conviction record rules in chapter 378, go to the commission under chapter 368, so a rejected candidate now has twice as long to file.

The practical change is records. Keep job postings, interview notes, scorecards and the reason for each decision for at least a year after the decision, and longer if a complaint arrives; see how long to keep interview notes.

What changed for health care facility background checks in Hawaii?

Act 42 (HB 2576), effective July 1, 2026, rewrites HRS 321-15.2 for facilities licensed or certified by the Department of Health, from hospitals and nursing facilities to home care agencies and adult day centers. Prospective applicants, operators and direct patient access employees must consent to:

• a one-time fingerprint-based check of Hawaii and FBI criminal history records, except for people who will work or volunteer at a licensed hospital, physicians and physician assistants credentialed by a licensed hospital, and state licensees already fingerprinted for their license under a comparable review; and
• an initial name-based check, followed by a name-based check every two years for operators and direct patient access employees, without out-of-state records if the person has not lived or worked in another state since the last check.

No applicant or operator may employ, contract with or let a prospective direct patient access employee work until both checks are complete and no disqualifying information is found, or it is cleared on appeal. Licensed hospitals may run the name-based checks themselves if they keep documentation. The definition of "direct patient access employee" now excludes people whose access to patients or their belongings is "incidental, limited, or supervised." Start dates for aides and support staff should allow time for the fingerprint result. The wider rules are in Hawaii background check laws.

What changed for drivers, teachers and school staff?

• Commercial drivers. Act 22 (HB 1696), effective May 21, 2026, amends HRS 286-102.3 so a person may drive commercially in intrastate commerce at 18 instead of 19 and drops the category 3 vehicle limit. A driver under 21 must be enrolled in a registered apprenticeship program recognized by the Department of Labor and Industrial Relations, or in a structured on-the-job training program run by an employer whose business needs commercial vehicles, offered only to its own employees, with at least 320 hours of supervised behind-the-wheel and related instruction and written records. The Department of Transportation must amend its rules on the minimum license age.
• Teachers. Act 30 (SB 2125), effective May 22, 2026, lets the Department of Education and charter schools employ an unlicensed emergency hire as a teacher for up to five years instead of three, if the teacher makes "continuous and verifiable progress" toward a license. The change sunsets June 30, 2031.
• School contractors and volunteers. Act 127 (HB 2293), effective June 24, 2026, clarifies the Department of Education's harm to students registry so it excludes K-12 students and covers contractors and volunteers only if their role involves interaction with students.

Can Hawaii counties check contractors' labor practices?

Yes, since Act 27 (SB 2140) took effect on May 22, 2026. Each county may require a contractor, as defined in HRS 444-1, "to disclose information regarding its employees' wages, benefits, hours, and employment status," and may deny, revoke or suspend a building permit if the contractor is found in violation of those laws by the Department of Labor and Industrial Relations or a court. The owner must be notified within five business days and may switch to a compliant contractor, and owner-occupants' permits for their own homes are exempt. Builders who rely on labor brokers or 1099 crews may face the question at permitting in counties that use the new power; see worker misclassification for staffing agencies.

What did not change in Hawaii?

• Pay ranges and pay history. Employers with 50 or more employees still list a pay range under HRS 378-2.8, and pay history questions remain banned; see Hawaii pay transparency and Hawaii's salary history ban.
• Criminal history. The conviction record question still waits until a conditional offer under HRS 378-2.5; see Hawaii ban-the-box. With the EEOC guidance rescinded, a job-related review using the Green factors from the 1975 Eighth Circuit case remains a sound federal backstop.
• AI in hiring. The 2026 AI acts, Act 247 on AI-generated digital imitations and Act 248 on AI companions, do not regulate hiring tools; see AI hiring laws by state.
• E-Verify is still not required by Hawaii law; see E-Verify requirements in Hawaii. The FAR clause, FAR 52.222-54, still binds covered federal contractors.
• Drug testing and recording. See Hawaii drug testing laws and Hawaii recording consent for interviews.

What should Hawaii employers do before January 1, 2027?

1. Extend record retention for hiring files to at least one year after each decision.
2. Health care facilities: update onboarding so no direct patient access employee starts before the fingerprint and name checks clear, and diary the two-year name checks.
3. Carriers: document training programs before putting drivers under 21 behind the wheel.
4. Contractors: keep wage and classification records ready for county permit requests.
5. Check Form I-9 versions and EAD reverification dates; see Form I-9 reverification.
6. Remove references to the 2012 EEOC guidance from screening policies, keeping the HRS 378-2.5 steps.

What does this mean for staffing agencies in Hawaii?

Health care staffing firms placing aides, nurses and support staff into Hawaii facilities need the Act 42 fingerprint and name checks cleared before a first shift, and should know which placements fall under the hospital exceptions. Agencies supplying workers to building contractors may be asked for wage and employment-status records when a county reviews a permit. The one-year complaint window applies to an agency's own screening decisions as much as a client's. See our Hawaii staffing agency guide and employer of record in Hawaii; other states' 2027 changes are in new hiring laws for 2027.