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Hawaii · HRS § 387-3(e)

Agricultural seasonal overtime

Covered sugar, dairy first-processing, tropical fruit packing, and farm employers may designate up to 20 workweeks each year (starting July 1) where overtime starts after 48 hours instead of 40. Toggle a selected week and enter punches — dual threshold vs Oregon always-48 and Colorado 48/56.

Read the statute: HRS § 387-3(e) selected-week 48

Official bodies fetched for this page: Hawaii Legislature HRS § 387-3 (HTTP 200), chapter PDF (HTTP 200), and Hawaii DLIR Wage Standards Division Wage and Hour FAQs plus WSD hub (HTTP 200).

HRS § 387-3(e). An employer [engaged in agriculture and the first processing of milk… or sugar cane… or in the first processing of or in canning or packing any agricultural or horticultural commodity, or in handling, slaughtering, or dressing poultry or livestock; or related seasonal pursuits] shall not be required to pay overtime compensation for hours in excess of forty in a workweek to any of the employer’s employees during any of twenty different workweeks, as selected by the employer, in any yearly period commencing July 1, for employment in any place where the employer is so engaged. The employer, however, shall pay overtime compensation for such employment in excess of forty-eight hours in any such exempt workweek at the rate and in the manner provided in subsections (a), (b), (c) and (d), whichever is applicable, except that the word “forty-eight” shall be substituted for the word “forty” wherever it appears in subsections (b), (c), and (d).

Outside those selected weeks, § 387-3(a) requires 1.5× after forty. No Chapter 387 daily overtime. Public-works daily OT is HRS Chapter 104 (out of scope). Salaried dual-track with forty-eight substituted in a selected week is modeled on /hawaii-salaried-overtime/. Prefer commercial private-sector sugar cane, coffee, macadamia, dairy first-processing, and seasonal fresh-fruit packing payroll.

Five 10h days @ $20, non-selected → 40 regular + 10 OT = $1,100. Same week selected → 48 + 2 OT = $1,020. Oregon always-48: $1,020. FLSA weekly-40: $1,100.
Six 8h days @ $20 selected → 48 regular = $960. Non-selected → 40 + 8 OT = $1,040.
55h selected @ $20 → 48 + 7 OT = $1,170. Maryland ag 60: $1,100 all regular.
Unpaid 30-min lunch on five 10.5h spans selected → 50h worked → 48 + 2 OT = $1,020.

In scope

  • HRS § 387-3(e): up to 20 selected weeks → OT after 48; otherwise after 40
  • Covered ag / first-processing / seasonal packing employers at places where so engaged
  • 1.5× regular rate; weekly leftover conversion only — no daily OT
  • Punch-in/out + unpaid lunch; Day 1 is the workweek start

Out of scope

  • Oregon always-48 / Colorado 48/56 + 15h MW lump / NY farm 52 / MD ag 60
  • HRS Chapter 104 public works daily OT
  • Salaried (b)/(c) dual-track detail — use /hawaii-salaried-overtime/
  • Tip credit — use /hawaii-tip-credit/; air-carrier (g) and split-shift (f)

FAQ

When is Hawaii agricultural overtime owed under HRS § 387-3(e)?

Covered employers may select up to twenty different workweeks in any yearly period commencing July 1 during which overtime is not required for hours over 40 — but overtime IS required for hours over 48 in those weeks. Outside selected weeks, overtime is after 40 under § 387-3(a) at one and one-half times the regular rate.

Is this the same as Oregon agricultural overtime after 48?

No. /oregon-agricultural-overtime/ is always after 48 for 2025–2026. Hawaii is dual-track: after 40 outside selected weeks and after 48 inside up to 20 selected weeks. Five 10-hour days at $20: HI non-selected $1,100; HI selected or OR always-48 $1,020.

Is this Colorado agricultural peak-week overtime?

No. /colorado-agricultural-overtime/ is COMPS Rule 2.3.2: weekly 48 (or 56 in a highly seasonal peak week) plus a 15-hour minimum-wage lump-sum. Hawaii has no peak-56 and no 15-hour lump — only the 40 vs 48 weekly toggle under § 387-3(e).

Who is a covered employer under § 387-3(e)?

Employers engaged in agriculture and first processing of dairy products, sugar cane molasses or sugar (not refined) or syrup, first processing or canning/packing of agricultural or horticultural commodities, or handling/slaughtering/dressing poultry or livestock; employers in agriculture whose products are processed by such seasonal/packing employers; and places primarily engaged in first processing or canning/packing seasonal fresh fruits.

Does Hawaii have daily agricultural overtime?

No under Chapter 387. Overtime is weekly. Public-works daily OT under HRS Chapter 104 is out of scope. Salaried dual-track math with forty-eight substituted in selected weeks is on /hawaii-salaried-overtime/.

How does this compare to New York farm or Maryland agricultural overtime?

/new-york-farm-overtime/ is after 52 (2026) plus rest-day OT. /maryland-agricultural-overtime/ is after 60 for FLSA-exempt ag. Hawaii selected weeks are after 48; non-selected after 40. A 55-hour selected week here has 7 OT hours; on the Maryland page the same week is all regular.