Hawaii · salaried overtime
Hawaii salaried overtime (HRS § 387-3 — ÷40 or ÷hours)
Under HRS § 387-3, a non-exempt salaried employee’s regular rate is earnings ÷ 40 with full 1.5× OT when pay is pure salary or salary+board is ≥50% of earnings — but switches to earnings ÷ hours worked with half-time OT when salary+board is under 50%. Pure $1,000 / 50h → $1,375; $400 + $600 commissions / 50h → $1,100 (Pennsylvania § 231.43(g) would still pay $1,375). Not /pennsylvania-salaried-overtime/. Tip credit is /hawaii-tip-credit/.
How HRS § 387-3 pays
HRS § 387-3(a) requires overtime at not less than one and one-half times the regular rate for hours over 40 in a workweek. Subsections (b) and (c) then set how the regular rate is computed for salaried employees — and which OT multiplier applies.
Track (b) — pure salary. Weekly salary plus the reasonable cost of board, lodging, or other facilities is divided by 40. Overtime is paid at full 1.5× that regular rate. Official shape: $1,000 / 50h → RR $25 · OT $375 · total $1,375.
Track (c)(1) — salary + other wages, salary+board ≥ 50%. Total earnings (salary + board + commissions/other) are divided by 40; OT at full 1.5×. Example: $600 salary + $400 commissions / 50h → RR $25 · OT $375 · total $1,375.
Track (c)(2) — salary + other wages, salary+board < 50%. Total earnings are divided by hours actually worked; OT at half-time (0.5×). Example: $400 salary + $600 commissions / 50h → RR $20 · OT $100 · total $1,100. Same punches under Pennsylvania § 231.43(g) would total $1,375.
Board and lodging enter the numerator and the 50% test; cash total does not re-pay board. Hawaii private-sector Chapter 387 overtime is weekly 40 only (no daily OT). Tip credit is a separate page. The agricultural twenty-week / after-48 niche in § 387-3(e) is out of scope.
Pure $1,000 · five 10h days → track b · RR $25 · OT $375 · total $1,375.
$400 + $600 commissions · 50h → track c2 · RR $20 · half-time OT $100 · total $1,100 (PA § 231.43(g) $1,375).
$600 + $400 commissions · 50h → track c1 · RR $25 · OT $375 · total $1,375.
$1,000 + $200 board · 50h → RR $30 · OT $450 · cash total $1,450.
$1,000 · five 8h days → no OT · total $1,000.
Sources
- HRS § 387-3 Maximum hours (official Hawaii capitol text)
- HRS § 387-2 Minimum wage
- Hawaii Wage Standards Division — Wage and Hour FAQs
- Hawaii Department of Labor and Industrial Relations — Wage Standards Division
FAQ
How is HI non-exempt salaried overtime calculated?
Pure salary: ÷40 + full 1.5×. With other wages: if salary+board ≥50% of earnings → ÷40 + 1.5×; if under 50% → ÷hours + half-time.
Same as Pennsylvania § 231.43(g)?
No. PA always ÷40 + full 1.5×. Hawaii’s low salary-share track uses ÷hours + half-time — $400+$600 / 50h is $1,100 here vs $1,375 in PA.
Do commissions and board count?
Yes. Commissions/other wages enter total earnings. Board/lodging enters the RR numerator and the 50% test; cash total does not re-pay board.
Daily overtime?
No under Chapter 387 for private-sector employees. Weekly after 40 only. Public-works Chapter 104 daily OT is out of scope.
Same as /flsa-regular-rate/ FWW?
Only track (c)(2) resembles FWW half-time. Pure salary and high salary-share tracks use ÷40 + full 1.5×.
Tip credit?
Use /hawaii-tip-credit/ for HRS tip-credit cash wage / MW+$7 slide. This page is salaried / mixed-pay RR.