Employment · Hawaii

Can I sue for unpaid overtime in Hawaii?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Hawaii?

free route

The Wage Standards Division takes a complaint for unpaid wages, and it invites you to call the office first to go through your situation. Hawaii has a rule worth knowing before you do: where the employer disputes how much is owed, it must pay the part it admits to, on time and with no strings, and accepting that partial payment does not settle or release the rest.

source ↗Not yet checked against the statute.

Which court hears a case like this in Hawaii?

which court

Small claims division of the district court

source ↗Checked against the statute on 2026-08-25

How much can you sue for in Hawaii small claims court?

small claims limit

$5,000

source ↗Checked against the statute on 2026-08-25

exceptions: A dispute about a residential security deposit has no dollar limit here at all, and this is the only court that may hear one, unless an eviction case is already running in the district court. Punitive damages cannot be awarded and class actions are barred.

source ↗Checked against the statute on 2026-08-25

What else should you know in Hawaii?

also

Any release your employer requires as a condition of paying you is void under those same chapters, so a signature demanded in exchange for a partial cheque does not cost you the balance. Note too that an employee guaranteed $4,000 a month or more is outside Hawaii's own minimum wage and overtime law — the federal rule above still applies.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Hawaii. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

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