labor lawAdivision of labor law center

Every employer in the 50^th state should take a few minutes to update the 2008 Hawaii labor law posters. Hawaii requires the fewest labor law posters of any state. This is in keeping with the state’s general trend, to streamline operations and cut red tape for employers.

However, there are still a few posters that employers are required to display. An employer who does not display the proper 2008 Hawaii labor law posters may face penalties and fines.

The official list of updated 2008 Hawaii labor law posters is:

• HIOSH Notice
• Payment of Wages
• Unemployment Insurance
• Minimum Wage
• Workers’ Compensation
• Whistleblower Protection Poster

In addition, every employer in Hawaii must display a number of labor law posters required by federal law. For the most part, these posters address statutes that are nationwide. They include:

• USERRA - Uniformed Services Employment and Reemployment Rights Act
• Equal Employment Opportunity is the Law
• Federal Minimum Wage
• Employee Polygraph Protection Act
• Family and Medical Leave Act
• OSHA-Job Safety & Health Protection

Labor law poster serve as a handy reminder for supervisors and employees alike.

They provide important information on the minimum wage, worker safety, medical leave and child labor laws.

Under both federal and state law, these posters must be updated each time there is a change in legislation.

A change in the federal minimum wage on July 24, 2007 required that the Federal Minimum Wage posters be updated. On that date, the federal minimum wage increased for the first time in more than a decade. The rate went from $5.15 per hour to $5.85 per hour, an increase of 70 cents. 

The minimum wage for tipped employees varies broadly from one state to the next. So do the overtime laws. These are just some of the items that are covered on each state’s respective labor law posters. Here are a few outstanding examples.

Minimum wage laws for tipped workers like servers often simply follow the federal rate of $2.13 an hour. The idea is that employers need not pay the usual minimum wage because the workers are making up the difference in tips. This is the “tip credit” for employers.

Kentucky, Indiana, Nebraska, and other states follow the federal rate.

Some states offer just a little more than the federal rate:

• North Carolina, $2.43
• Wisconsin, $2.33
• Massachusetts, $2.63
• Michigan, $2.65

The minimum wage for tipped employees in Kansas is only $1.59.

At the opposite extreme, some states offer little or no tip credit. In these states, employees are paid the same minimum wage, or nearly the same minimum wage, as other workers. They include:

• Washington, none ($8.07 per hour wage starting January 1)
• Colorado, wage for tipped workers $8.07 per hour in 2008
• Hawaii, 25-cent tip credit, wage $7 per hour compared to usual $7.25

Federal overtime laws require an overtime premium of 1.5 times the normal hourly rate for every hour over 40. Some states rely on federal law – Florida, Delaware, Georgia, Idaho, and Arizona among them. The federal overtime law covers most, but not all, workers.

Nebraska extends both the federal minimum wage and overtime laws to all businesses with 4 or more workers. Kansas requires overtime after a 46-hour week and Minnesota after a 48-hour week.

California offers overtime after working 8 hours in a single day or 40 hours in a week. Employees who must work 7 days consecutively get overtime on the 7^th day, and those working 12 or more hours in a day receive “double time.” Double-time is also offered after 8 hours on the 7^th consecutive working day.

In Kentucky, workers get overtime either after 40 hours, or on the 7^th consecutive day of work regardless of the number of hours they have put in. Colorado workers get overtime after 12 hours a day or 40 hours in a week. In Connecticut, only restaurant and hotel workers get overtime on the 7^th day.

Every employer in Hawaii should take a few minutes to update his or her 2008 Hawaii labor law posters.

The past year has brought myriad changes in labor law throughout the nation. And, more changes are on the way. California, Washington, Oregon, Colorado and ten other states will be raising their state minimum wage as of January 1, 2008.

Many of these changes affect labor law posters, which is why it’s important to update the posters at least once per year.

The official list of required 2008 Hawaii labor law posters is:

• HIOSH Notice
• Payment of Wages
• Unemployment Insurance
• Hawaii Minimum Wage
• Workers’ Compensation
• Hawaii Whistleblower Protection Poster

In addition to the state posters, federal law requires that every employer in the nation display a number of posters. These include:

• USERRA - Uniformed Services Employment and Reemployment Rights Act
• Equal Employment Opportunity is the Law
• Federal Minimum Wage
• Employee Polygraph Protection Act
• Family and Medical Leave Act
• OSHA-Job Safety & Health Protection

A number of these posters have been updated for 2008.

Many labor law poster changes throughout the nation related to minimum wage increases this year, or next year. West Virginia and Illinois will increase their minimum wages on July 1, 2008. Illinois’s current minimum will jump from $7.50 to $7.75, and West Virginia’s will go up from $6.55 to $7.25 per hour.

On July 24, 2008, the new federal minimum wage of $6.55 will be introduced. States like Texas, Nebraska and others that tie their state minimum wage to the federal minimum wage will bump up their state minimum wage.

Several states including Washington, Oregon, New Mexico and others established laws that provide an annual cost-of-living increase for the state minimum wage. States often tie this increase to the Consumer Price Index for urban and clerical workers. Florida just recently passed such a law and will apply their first “cost of living” raise on January 1, 2008, bumping their current wage from $6.65 to $6.79 per hour.

The rank of highest state minimum wage goes to Washington at $8.07 as of January 1, 2008. California and Massachusetts aren’t far behind each with $8.00 per hour. Oregon’s wage ranks in the top five with $7.95 per hour.

There’s not much difference among the state minimum wages in the top five, but the difference across the country is amazing. The state minimum wage in Kansas hasn’t budged since the 1980s, and ranks as the lowest at $2.65.

But Kansas isn’t the real bottom of the range. That honor belongs to Mississippi, Alabama, Louisiana, Tennessee and South Carolina, which don’t have a state minimum wage at all. That means an employer not covered by the federal minimum wage can pay–by law–its workers whatever it wants, even as low as 25 cents an hour. Of course, it’s doubtful anyone would take a job at that wage, but the legal capability exists.

One of the major changes during 2007 related to minimum wage. The federal minimum wage, as a result of the Fair Minimum Wage Act of 2007, went from $5.15 to $5.85 per hour. Nearly a dozen states increased their minimum wage on the same day.

Also, during the 2007, several other states, including Utah, Washington, Oregon, and West Virginia increased their state minimum wage.

The most common reason for employers to update posters includes statute changes, especially to minimum wage laws. In just the past few months, employers in New Hampshire, Nevada and Maine have updated their labor law posters as the state minimum wages changed. The most recent increase was on October 1, 2007 when the New Hampshire minimum wage increased to $6.50 per hour.

Employers need to make certain their Hawaii USERRA poster is current. The Veterans’ Employment and Training Service, also known as VETS, has recently revised rules under USERRA. USERRA stands for the Uniformed Service Employment and Reemployment Rights Act, which was adopted in 1994. These new changes to USERRA impact workers in Hawaii.

When there is a national emergency, many Americans serve in the military, especially in the Reserve or the National Guard. USERRA makes certain these Americans don’t lose their jobs in the civilian world while serving their country. Although USERRA covers all veterans, many think of it as the “National Guard Law.” In one recent change, federal government employees can now file claims with the Veterans’ Employment and Training Service, which is part of the US Department of Labor.

Heath insurance coverage, both for the service member and his or her family, is another area covered by the recent changes to the USERRA regulations. If a worker has been on duty with the military for over 30 days, he or she is qualified for health care through the military. The family of the service member is also included in this coverage.

Many employers have questions about how long the civilian jobs of service members protected.
The way the recent USERRA regulations work is the civilian jobs of veterans, along with members of the Navy, Army, or Air Force Reserve, are protected while these soldiers are serving in the military. For a cumulative period of up to 5 years, the jobs for these service members are protected.

The USERRA also makes special provisions for disabled veterans. The employers of these veterans should make accommodations, within reason, for these employees. In addition, if soldiers are injured, even if the injury occurs in training, they have two additional years to return to their civilian jobs. This is over and above the cumulative 5-year limit.

The state of Hawaii has updated several of its employment labor recently, which caused changes to the employment labor posters, and I wanted to be sure to pass on that information. Changes have occurred with the Whistleblower Protection poster, and they’ve added a completely new poster called the Overtime Laws.

The Hawaii ( HI ) Employment Labor Posters that are required to be placed in a visible location in the workplace include: HIOSH Notice, Payment of Wages, Unemployment Insurance, Minimum Wage, Workers’ Compensation, and the already mentioned Whistleblower Protection Poster.

In addition to these state labor laws, there are several Federal Labor Law Posters that must be displayed. These include: USERRA - Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act, and OSHA-Job Safety & Health Protection.

The state requires these posters to be put up in a place where they are easily seen by workers. That could be a lunch room or break room, or a common area that most people visit. The point is that employees will see the posters and have access to the information on them. That way if they have an issue or even a question they know which department handles their particular employment issue and how to get in touch with that department. They know what the rules are and how they are affected by the changes.

By devoting space to the employment labor posters, Hawaii’s employers are ensuring that they have a team of workers who are informed about the labor laws. Posting them also ensures compliance and peace of mind.

The employer is totally responsible for knowing when changes to the posters happen. That’s why we try to let you know as soon as changes occur.

In the state of Hawaii, posters outlining the state and federal labor laws are required to be posted in every workplace in the state. Posting of these posters must be in a visible area that the employees will see on a daily or regular basis. Good places to post them are in the workroom, the break room or the mailroom – anywhere that employees gather on a regular basis.

The Hawaii posters are very beneficial to employees in the state because they are a great resource for them to learn about the labor laws that affect them. For example, if they question whether or not they are being properly compensated according to the state minimum wage laws, they can easily check the poster. If there is a problem within the workplace concerning the laws, they can also find out on the posters exactly who they need to contact and what they need to do to file a complaint or grievance. Employers also benefit from these posters as well. The posters outline employees rights within the workplace, but they also show what types of situations are not covered under the law. There is enough information to give employers a clear picture of what their responsibilities are as referenced by the labor laws.

Hawaii posters need to illustrate both state and federal laws. State laws you’ll find on Hawaii posters are the HIOSH Notice, Payment of Wages, Unemployment Insurance, Minimum Wage, Workers’ Compensation and the Whistleblower Protection Act. Federal laws include USERRA – Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act and OSHA – Job Safety and Health Protection.

It’s the employer’s responsibility to post this information and to make sure that the information is current. Since labor laws frequently change, employers should often check to make sure they have the most up-to-date Hawaii posters in the workplace.