Hawaii requires covered employers with 50 or more employees to disclose in job listings the hourly rate or salary range that reasonably reflects the actual expected compensation for the position. The rule does not apply to internal transfers or promotions within the same employer, and specified public employee positions with collectively bargained compensation are also excluded. Hawaii separately prohibits employers from asking applicants for salary history or relying on salary history to set compensation, subject to the statute's voluntary-disclosure exception. Employers should use the current 50-employee threshold unless and until a later enacted law changes it.
Jurisdiction: Hawaii
Hawaii Requires Pay Information in Covered Job Listings
Hawaii's pay transparency rule requires covered job listings to disclose an hourly rate or salary range that reasonably reflects the actual expected compensation for the position. The requirement applies to employers that meet the statutory size threshold and publish covered job listings. The focus is therefore not merely on whether an employer has an internal pay band. The compensation information must appear in the listing itself. Employers should make sure the range is tied to the actual role, work location and compensation structure rather than using a generic company-wide range that does not reflect what the employer expects to pay for that opening.
The Current Employer Threshold Is 50 or More Employees
The current Hawaii rule applies to employers with 50 or more employees. Hawaii Civil Rights Commission guidance states that the law does not specify where those 50 employees must be located and does not limit the count to full-time employees. That makes it risky for a multistate employer to assume that only Hawaii-based full-time employees count toward coverage. Employers should document how they determine workforce size for this rule and revisit the analysis if the Legislature amends the threshold. A 2026 proposal sought to reduce the threshold, but a proposal should not be treated as current law unless enacted and effective.
The Range Must Reflect Actual Expected Compensation
Hawaii does not frame compliance as a requirement to publish any nominal minimum and maximum. The hourly rate or salary range must reasonably reflect the actual expected compensation for the position. Employers should therefore base the disclosure on the approved hiring range, budget, classification and compensation plan for the role. A range that is so broad that it no longer reflects the employer's genuine expectation may undermine the purpose of the statute. Compensation teams should align recruiter instructions, requisition approvals and public job-ad fields so the disclosed numbers are generated from the same approved range rather than entered independently.
Internal Transfers and Promotions Are Excluded From the Listing Rule
Hawaii's statute excludes positions that are internal transfers or promotions within a current employer from the job-listing disclosure requirement. That is an important distinction from states that expressly regulate internal promotion or transfer notices. Employers should still avoid treating the exception as a general exemption from equal-pay or anti-discrimination law. The exception concerns the specific job-listing disclosure requirement. HR teams should identify whether a role is genuinely limited to an internal transfer or promotion before relying on the exception, especially where the same opportunity is also advertised externally or opened to the general public.
Certain Public Employee Positions Are Also Excluded
The statute also excludes public employee positions where salary, benefits or other compensation are determined through collective bargaining. This exception is specific and should not be converted into a broader public-sector exemption. Public employers and contractors should identify whether the compensation for the particular position is actually determined under a qualifying collective bargaining arrangement. Where the exception does not apply, the ordinary disclosure rule may still need to be considered. Employers operating in both public and private environments should therefore keep the exception logic tied to the individual requisition rather than to the organization as a whole.
Salary History Restrictions Operate Alongside Pay Transparency
Hawaii separately prohibits employers from inquiring about an applicant's salary history and from relying on salary history to determine salary, benefits or other compensation during the hiring process. The law allows discussion of the applicant's compensation expectations, and if an applicant voluntarily and without prompting discloses salary history, the statute permits limited consideration and verification in the circumstances it describes. Employers should therefore train recruiters to discuss expectations and the disclosed range rather than asking what the applicant earned before. A transparent posting can support that process by starting the negotiation from the employer's approved range rather than from past pay.
A Hawaii Compliance Workflow Should Separate Current Law From Proposed Changes
Salary transparency statutes can change, and Hawaii has seen proposals to modify the employer threshold. Employers should maintain a current-law source for the effective statute and official agency guidance, then track proposed amendments separately. The recruiting system should flag Hawaii-covered requisitions, require the approved hourly rate or salary range, identify whether an exception applies and prevent publication until the required field is complete. Legal or compliance teams should review legislative changes before adjusting the threshold or posting logic. This avoids both under-compliance and the opposite problem of describing a proposal as though it were already enacted law.
Frequently Asked Questions
How many employees trigger Hawaii's pay transparency rule?
The current rule applies to employers with 50 or more employees. Official Hawaii guidance states that the law does not specify where those employees must be located or limit the count to full-time employees.
Does Hawaii require a salary range for internal promotions?
The job-listing disclosure section does not apply to positions that are internal transfers or promotions within a current employer.
Can a Hawaii employer ask an applicant about salary history?
Hawaii generally prohibits employers from inquiring about applicant salary history or relying on it to set compensation, subject to the statute's rules for voluntary, unprompted disclosure.
Related Guides
Official Sources
Requirements and practices differ by jurisdiction and organisation. Check current local law, official guidance and professional advice for a specific situation.