Obligations United States Hawaii
What a Hawaii business has to have in writing
Hawaii's written-policy load is driven by employment mandates rather than privacy law: HIOSH requires employers with 25 or more workers to keep a written safety and health program, the Prepaid Health Care Act forces almost every employer to file a health plan for staff working 20+ hours a week, and wage law requires written notice of pay and written benefit policies.
Larger employers must publish pay ranges in job ads, and insurance licensees certify a written security program to the Insurance Division.
Hawaii still has no comprehensive consumer privacy law, and its breach statute does not treat biometric data as personal information; the only biometric duty on the books is the 2026 Social Media Data Deletion Act, which reaches large social media platforms and not ordinary employers.
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Cover Hawaii the Modern WayEvery policy Hawaii makes you write, acknowledged by name
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Approve it, lock the version
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Every employee in Hawaii on record
Who read which version, and when
03
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What applies
Hawaii rules for a 15–19 person general business
State law only. The federal layer every employer carries sits on the business-type pages below. Each row names what you must write, post, file or certify, who enforces it, and links to the state authority.
Breach Notification 1Who you must tell after a data breach, and how fast
LawProduceWhat it requiresTriggerEnforced by
Security Breach of Personal InformationAI-compiledHRS chapter 487N (§ 487N-2)Any business or agency that owns or licenses personal information about Hawaii residents in any formDistribute + ack
Notice
Write and send notice to every affected Hawaii resident without unreasonable delay, describing the incident, the data types involved, the date, what the business is doing about it and how to reach it. When more than 1,000 people are notified at once, send the Office of Consumer Protection and the consumer reporting agencies a written account of the notice's timing, content and distribution.
From the first employee
Hawaii Office of Consumer Protection (DCCA); Attorney General; private right of action
Data Security Program 1A written safeguards program the state requires before anything goes wrong
LawProduceWhat it requiresTriggerEnforced by
Destruction of Personal Information RecordsAI-compiledHRS chapter 487R (§ 487R-2)Any business that does business in Hawaii and keeps records containing personal information about Hawaii residentsWrite
Written policy
Set out in the business's own written records how personal information is shredded, erased or otherwise made unreadable when it is discarded, and take reasonable steps to stop anyone reaching that data during or after disposal. A written contract with a records destruction firm can carry the duty.
From the first employee
Hawaii Attorney General; Office of Consumer Protection
Biometric and Health Data 1Consent and retention rules for fingerprints, faces and health data
LawProduceWhat it requiresTriggerEnforced by
Hawaii Social Media Data Deletion Act (biometric information as personal and sensitive personal information)AI-compiledAct 252, Session Laws of Hawaii 2026 (HB 1753 CD2), new HRS chapter on social media protections, effective July 1, 2027Only covered platforms: a social media platform with one million or more monthly active users nationwide, or 25 million dollars or more in annual gross revenues. Hawaii has no general biometric privacy statute of the Illinois BIPA type, and the breach statute at HRS 487N-1 still does not count biometric data as personal information, so an ordinary Hawaii employer collecting fingerprints or face scans has no Hawaii-specific dutyWrite
Written policy
A covered platform must give every Hawaii user a clear, conspicuous and easily accessible way to request account deletion at any time, then archive and delete the personal information and sensitive personal information tied to that account and tell the user it is done. Biometric information is listed as personal information, and processing biometric information to uniquely identify a consumer is sensitive personal information, so both fall inside the deletion duty. Interfaces that obscure or delay a deletion request, or that demand extra personal information to verify the user, are prohibited. Biometric information a business collected without the consumer's knowledge cannot be treated as publicly available.
From the first employee
Hawaii Attorney General; Office of Consumer Protection
Workplace Safety Programs 1Written programs the state safety agency requires beyond federal OSHA
LawProduceWhat it requiresTriggerEnforced by
HIOSH written safety and health program (Hawaii Occupational Safety and Health State Plan)AI-compiledHRS chapter 396; HAR §§ 12-60-2 and 12-110-2Employers with 25 or more employees, and any employer holding a state contract worth more than $100,000, regardless of sizeWrite
Written program
Keep a written safety and health program covering the categories HIOSH lists, including management commitment, hazard identification and control, employee involvement, accident investigation, training, recordkeeping and program review; run it as an active program, not a binder. All employers must also post the HIOSH job safety notice, keep injury and illness records and report fatalities and serious hospitalizations.
25+ employees
Hawaii Occupational Safety and Health Division, Department of Labor and Industrial Relations
Insurance Data Security 1The written security program insurance licensees must certify
LawProduceWhat it requiresTriggerEnforced by
Insurance Data Security LawAI-compiledHRS article 431:3B (Act 112, Session Laws of Hawaii 2021)Insurance licensees regulated by the Hawaii Insurance Division; licensees with fewer than ten employees, counting independent contractors, are exempt from the security-program requirementsCertify
Certification
Build a written information security program from a documented risk assessment, with administrative, technical and physical safeguards, third-party service provider oversight, board or senior management reporting and a written incident response plan; file an annual certification of compliance with the Insurance Commissioner and notify the Commissioner of a cybersecurity event within three business days.
10+ employees
Hawaii Insurance Division, Department of Commerce and Consumer Affairs
Paid Leave Policies 2Sick and family leave laws that come with a written policy or notice
LawProduceWhat it requiresTriggerEnforced by
Temporary Disability InsuranceAI-compiledHRS chapter 392Every employer with an employee who has worked at least 14 weeks of 20 or more hours in the preceding 52 weeksFile
Filing / record
Carry an approved TDI plan (insured, self-insured or collectively bargained), file self-insured or private plans with the Disability Compensation Division, post the TDI notice, and give employees the claim form and a written statement of benefits when they need leave for a non-work illness or injury.
From the first employee
Disability Compensation Division, Department of Labor and Industrial Relations
Hawaii Family Leave LawAI-compiledHRS chapter 398Employers with 100 or more employees for each working day in 20 or more calendar weeks of the current or preceding yearWrite
Written policy
Give eligible employees up to four weeks of unpaid, job-protected family leave a calendar year for a birth or adoption or to care for a covered family member with a serious health condition, apply a consistent written certification and notice practice, and keep the family leave notice available to staff.
100+ employees
Wage Standards Division, Department of Labor and Industrial Relations
Required Postings 1The notices every workplace in the state must display
LawProduceWhat it requiresTriggerEnforced by
Required workplace postersAI-compiledHRS chapters 378, 386, 383, 387, 392, 393, 396Every Hawaii employerPost
Posting
Display the Department of Labor and Industrial Relations combined labor law poster plus the separate wage and hour, workers' compensation, temporary disability, prepaid health care and civil rights notices somewhere employees regularly pass.
From the first employee
Hawaii Department of Labor and Industrial Relations; Hawaii Civil Rights Commission
Pay Transparency 1Salary ranges in job posts and pay disclosure on request
LawProduceWhat it requiresTriggerEnforced by
Pay transparency in job listings (Act 203)AI-compiledHRS § 378-2.4 (Act 203, Session Laws of Hawaii 2023)Employers with 50 or more employees advertising jobs; internal transfers, promotions and public employee positions covered by collective bargaining are excludedDistribute
Notice
Put an hourly rate or salary range that reasonably reflects what the employer expects to pay into every job listing it publishes. Hawaii also bars paying employees in a protected class less for substantially similar work.
50+ employees
Hawaii Civil Rights Commission
Licensing and Certifications 4Registrations, licences and certifications a business or its staff must hold
LawProduceWhat it requiresTriggerEnforced by
Business registration (DCCA Business Registration Division)AI-compiledHRS chapters 414, 425, 425E, 428 (entity formation); HRS chapter 482 (trade names)Any corporation, LLC, partnership or nonprofit formed in or doing business in Hawaii, and anyone registering a trade nameFile
Filing / record
File formation or foreign qualification documents through Hawaii Business Express, name a registered agent in Hawaii, and file the annual report in the quarter matching the registration date to stay in good standing.
From the first employee
Business Registration Division, Department of Commerce and Consumer Affairs
General excise tax license (Basic Business Application)AI-compiledHRS chapter 237Every person or business doing business in Hawaii, including sole proprietors, landlords and out-of-state sellers with Hawaii activityFile
Filing / record
File Form BB-1 with the Department of Taxation (one-time fee) before doing business, display the GET license, and file periodic and annual GET returns. Hawaii taxes gross business income rather than retail sales, so nearly every business needs this license.
From the first employee
Hawaii Department of Taxation
Contractor licenseAI-compiledHRS chapter 444; HAR chapter 16-77Anyone contracting to build, alter, repair or improve real property in Hawaii, with a narrow exemption for jobs under $1,500 that need no building permitFile
Filing / record
Hold a Contractors License Board license in the right classification before bidding or contracting, name a qualified individual who passed the trade and business law exams, carry the required insurance and bond, renew every two years with continuing education, and put the license number in advertising and contracts.
From the first employee
Contractors License Board, DCCA Professional and Vocational Licensing Division; Regulated Industries Complaints Office
Food establishment permit and food safety codeAI-compiledHRS chapter 321; HAR chapter 11-50 (Food Safety Code)Restaurants, food trucks, caterers, grocers, bakeries and other retail food establishmentsFile
Filing / record
Get a Department of Health permit before opening and renew it, pass inspections and post the placard the inspector issues, keep a person in charge on duty who can demonstrate food safety knowledge, and hold the certified food protection manager credential where the Food Safety Code requires it for the establishment's risk category.
From the first employee
Hawaii Department of Health, Food Safety Branch
Other Written Policies 3Any other document the state makes an employer write or hand out
LawProduceWhat it requiresTriggerEnforced by
Prepaid Health Care ActAI-compiledHRS chapter 393Almost every private employer with an employee working 20 or more hours a week for four consecutive weeks who earns at least 86.67 times the state minimum hourly wage per monthFile
Filing / record
Enroll eligible employees in a health plan the Director has approved, file the plan on Form HC-4/HC-7 with the Disability Compensation Division, pay at least half the premium (employee share capped at 1.5% of monthly wages), post the prepaid health care notice, and keep records showing coverage.
From the first employee
Disability Compensation Division, Department of Labor and Industrial Relations
Written notice of pay and written employment policiesAI-compiledHRS § 388-7Every employer of any size in HawaiiDistribute
Notice
Tell each employee in writing at hire the rate of pay and the day, hour and place of payment, put any change in writing before it takes effect, post payday notices, and make the employer's written policies on vacation pay, sick leave, bonuses and other benefits available to employees.
From the first employee
Wage Standards Division, Department of Labor and Industrial Relations
Break time and space for nursing employeesAI-compiledHRS § 378-92; HRS § 378-2(a)(7)Every Hawaii employer; employers with fewer than 20 employees may seek an undue hardship exemptionWrite
Written policy
Give a nursing employee reasonable unpaid break time and a private, non-bathroom location shielded from view to express milk, and do not treat breastfeeding or milk expression as a reason for adverse employment action.
From the first employee
Hawaii Civil Rights Commission; Wage Standards Division
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Add the federal layer
Your business type, with Hawaii on top
Small businessFederal + industry, with Hawaii on topConstruction contractorsFederal + industry, with Hawaii on topHealthcare practicesFederal + industry, with Hawaii on topFood and beverage businessesFederal + industry, with Hawaii on topTax and accounting firmsFederal + industry, with Hawaii on topRegistered investment advisersFederal + industry, with Hawaii on topInsurance agenciesFederal + industry, with Hawaii on topRetail and e-commerceFederal + industry, with Hawaii on topTrucking and logistics carriersFederal + industry, with Hawaii on topNonprofitsFederal + industry, with Hawaii on topFederal contractorsFederal + industry, with Hawaii on top
Other states
The same index for another state
Alabama12Alaska12Arizona11Arkansas14California20Colorado18Connecticut17Delaware17District of Columbia12Florida15Georgia13Idaho13Illinois19Indiana16Iowa13Kansas11Kentucky14Louisiana13Maine14Maryland19Massachusetts16Michigan15Minnesota19Mississippi11Missouri12Montana15Nebraska13Nevada18New Hampshire13New Jersey19New Mexico13New York17North Carolina12North Dakota13Ohio13Oklahoma11Oregon19Pennsylvania12Rhode Island13South Carolina12South Dakota11Tennessee14Texas15Utah13Vermont17Virginia17Washington21West Virginia14Wisconsin15Wyoming13
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Sources
Hawaii DCCA Office of Consumer Protection - Security Breach NoticesHawaii State Legislature - HRS § 487N-2Hawaii Information Privacy and Security Council - Chapter 487NHawaii State Legislature - HRS § 487R-2Hawaii Information Privacy and Security Council - Chapter 487RHawaii Information Privacy and Security Council - Statutory ReferencesHawaii DLIR - HIOSHOSHA - Hawaii State PlanHIOSH - Fact SheetsHawaii Insurance Division - Insurance Data Security LawHawaii State Legislature - Act 112 (2021), S.B. 1100Hawaii Civil Rights Commission - Act 203 Pay Transparency FAQsHawaii Civil Rights Commission - Act 203 Pay Transparency and Equal Pay (PDF)Hawaii Civil Rights Commission - Act 203 FAQ (PDF)Hawaii DLIR - Labor Law PosterHawaii Civil Rights Commission - Employment Discrimination PosterHawaii DLIR Disability Compensation Division - About Prepaid Health CareHawaii DLIR - Highlights of the Hawaii Prepaid Health Care Law (PDF)Hawaii DLIR - Prepaid Health Care Plan Application Form HC-7Hawaii DLIR Disability Compensation Division - About TDIHawaii DLIR Wage Standards Division - Hawaii Family LeaveHawaii DLIR - Hawaii Expands Family Leave LawHawaii DLIR - Wage Standards DivisionHawaii State Legislature - HRS § 388-7Hawaii Civil Rights CommissionHawaii State Legislature - HRS § 378-92Hawaii DCCA - Business Registration DivisionHawaii Business ExpressHawaii Department of Taxation - Licensing InformationHawaii Department of Taxation - Form BB-1 packetHawaii Department of Taxation - General Excise Tax InformationHawaii DCCA PVL - Contractors License BoardHawaii DCCA - Regulated Industries Complaints OfficeHawaii Department of Health - Food Safety CodeHawaii Department of Health - Sanitation BranchHawaii State Legislature - HB 1753 measure status, Act 252 on 07/14/2026Hawaii State Legislature - HB 1753 CD2, enacted textHawaii Revised Statutes § 487N-1 (definition of personal information, biometric data not included)