Domestic Workers Bill of Rights Hawaii

Hawaii Domestic Workers Bill of Rights

You are a domestic worker if you perform duties of household nature in or about a private home of the person who employs you, but you can also be employed by a private company. Your can be a cook, butler, valet, maid, housekeeper, governess, nanny, janitor, laundress, caretaker, babysitter not on casual basis, handymen, gardener, and chauffeur of a car for family use. 

 

Your employer:

  • must pay you the minimum wage
  • must pay you overtime 1.5 x regular rate of pay for hours worked over 40 per workweek
  • must pay you at least twice a month, and within 7 days after the end of the pay period
  • must be pay you in cash or checks convertible to cash on demand, payment with debit card is only allowed when you agree to accept that voluntary and no fee must be charged.
  • must include a detailed pay statement with your total hours worked, amount paid, wage rate, pay period, and reasons and amounts of any withholding, along with the employers name and address
  • must pay you in full on the date of discharge, or if this is not possible, no later than the next work day
  • pay you in full on the next regularly scheduled payday if you quit your job
  • is not allowed to withhold: fines, penalties or replacement cost for breakage or losses due to faulty workmanship, lost or stolen property, damage to property, credit or nonpayment for goods or services received by customer, unless such losses are due to wilful or intentional disregard of the employers' interest.
  • is not required to provide benefits as vacation, sick leave and holidays, but if provided, they must be in writing and issued to you
  • is not required to provide breaks, unless you are 14 or 15 year old
  • cannot discriminate against you, while you are on the job, because of race, gender, sexual orientation, age, religion, colour, ancestry, disability, marital status
14-15 year olds
  • need a certificate per job and employer (form available online)
  • must not work during school hours and not after 7PM on a school night, and not after 9PM  during school breaks
  • are prohibited from working with power tools and equipment, or in hazardous jobs or environments
16-17 year olds
  • need a certificate or age card (certificate available online)
  • must not work under school hours
  • are prohibited from working with power tools and equipment, or in hazardous jobs or environments
  • employer must record certificate number and check minor's proof of age
 
Violations of the Domestic Bill of Rights
You may report violations of unpaid wages with the Wage Standards Division of the Hawaiian Labor Department. A complaint must be filed in writing and signed. An appointment is not needed to file. Find in the next link the addresses and phone numbers of the local district offices of the Hawaiian Wage Standards Division. Or email: dlir.wages@hawaii.gov
 
Source:
National Domestic Workers Alliance: Hawaii Bill of Rights
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