Hawaii — Hiring & Onboarding

Employers in Hawaii may not inquire about or consider an applicant's criminal conviction record until after the applicant has received a conditional offer of employment. The employer may then withdraw the offer only if the conviction record bears a rational relationship to the duties and responsibilities of the position.

Haw. Rev. Stat. § 378-2.5(d) exempts nineteen categories of employers from the post-offer timing rule, including state agencies (under § 78-2.7 and § 831-3.1), the Department of Education, the Department of Health for certain positions, the judiciary, counties for specified positions, financial institutions insured by a federal agency, detective and security guard agencies, private schools, providers of developmental disabilities homes, and certain other positions expressly authorized by federal or state law to conduct pre-offer criminal history inquiries.

Source: Haw. Rev. Stat. § 378-2.5

Every employer in Hawaii must report each new hire to the Child Support Enforcement Agency (CSEA) within twenty days of hire. The reporting obligation is set by Haw. Rev. Stat. § 576D-16(a), which took effect October 1, 1998.

Information required. The employer must report: (1) the new hire's name, address, and social security number; (2) the date services for remuneration were first performed; and (3) the employer's name, federal employer identification number (FEIN), and address.

Submission methods. The statute permits three reporting methods: first-class mail, magnetic media, or electronic transmission. The report must be made on a W-4 form or its equivalent. Employers who transmit reports magnetically or electronically must do so twice monthly, with submissions spaced not less than twelve days and not more than sixteen days apart.

Definition of "new hire." Under Haw. Rev. Stat. § 576D-16(d), a "new hire" is an employee who either (1) has not previously been employed by the employer, or (2) was previously employed by the employer but has been separated from that prior employment for at least sixty consecutive days. Rehiring an employee who left less than 60 days ago does not trigger the reporting obligation; rehiring after a separation of 60 or more days does.

Purpose. The CSEA maintains the reports as Hawaii's state directory of new hires, which is then furnished to the national directory of new hires within three working days. The directory is used primarily for child support enforcement—matching newly hired employees against records of individuals who owe child support.

Penalty. Haw. Rev. Stat. § 576D-16(b) authorizes civil penalties for employers who fail to comply with the reporting requirement, though the statute does not specify the penalty amount in subsection (a). (The penalty structure is set forth elsewhere in the chapter.)

The new hire reporting obligation is distinct from the federal Form I-9 employment eligibility verification requirement and from Hawaii's unemployment insurance new-hire reporting under Haw. Rev. Stat. § 383-94, which requires reporting within five working days after the first day of employment for UI purposes.

Source: Haw. Rev. Stat. § 576D-16

Under HRS § 378-2.5(c), Hawaii employers may consider only those criminal convictions that occurred within the most recent ten years, excluding any period of incarceration. The statute provides:

> "The employer may withdraw the conditional job offer only if the conviction was within the most recent ten years, excluding periods of incarceration."

How the exclusion works:

• The ten-year look-back window "pauses" during any period when the applicant was incarcerated. The calculation is ten years of non-incarcerated time, measured backward from the application (or offer) date. For example, if an applicant was incarcerated for three years during the last thirteen years, an employer may consider convictions from up to thirteen years ago, but only those within ten years of non-incarcerated time.

Applicant proof of release date:

• If a conviction record shows a longer period of incarceration than actually served, the employer must allow the applicant to present "official documentation" of the actual release date. The employer must then use the accurate period when excluding incarceration from the ten-year window.

This calculation structure is specific to HRS § 378-2.5(c), and all employer actions must be strictly in line with the statute's requirements regarding temporal scope and documentation.

Source: HRS § 378-2.5(c)

Employers in Hawai‘i are prohibited from asking about or relying on an applicant’s salary history as part of the hiring process, unless the applicant voluntarily discloses such information without any prompting. This rule is enforced by HRS § 378-2.4 (effective January 1, 2019), and applies to all employers, including their agents and employment agencies.

1. Prohibition on inquiries and reliance

• Employers may not inquire about an applicant’s current or prior wages, benefits, or other compensation.
• Employers may not rely on salary history to determine the applicant’s compensation, except as discussed below.
• The definition of "inquire" expressly includes searches of publicly available records as well as direct questions (HRS § 378-2.4(a), (d)).

2. Discussion of salary expectations permitted

• Employers may still ask about an applicant’s salary "expectations" or range, as long as they do not ask for actual historical compensation (HRS § 378-2.4(b)).

3. Voluntary disclosure exception

• If an applicant voluntarily and without prompting discloses salary history information, the employer may verify and rely on that information in setting compensation (HRS § 378-2.4(b)).

4. Exceptions

• Internal applicants being considered for transfer or promotion within the same employer are not covered by the prohibition (HRS § 378-2.4(c)(1)).
• The law does not apply to background checks not specifically intended to obtain salary history, but if salary is revealed in the process, it still may not be relied upon (HRS § 378-2.4(c)(2)).
• Positions where compensation is set by collective bargaining are also excluded (HRS § 378-2.4(c)(3)).

Practice points

• Remove salary history questions from applications and interview materials.
• You may discuss salary expectations and what the applicant is seeking for the role.
• If the applicant brings up past salary without being asked, documentation should show this was voluntary.

Source: HRS § 378-2.4

Under HRS § 378-2.7, Hawaii employers are generally prohibited from inquiring about or considering an applicant’s credit history or credit report during the hiring process. An employer may request or use credit information only after making a conditional offer of employment, and then only if the information is directly related to a bona fide occupational qualification (BFOQ) for the position. The statute does not define BFOQ, but the employer must articulate a job-related reason rooted in the actual duties of the position (for example, where state or federal law requires financial screening).

Exceptions: HRS § 378-2.7(a) provides three exceptions to this rule, under which the BFOQ requirement does not apply:

• Express permission or requirement by law: If state or federal law expressly permits or requires a credit inquiry for the job, the employer may follow those specific provisions.
• Managerial or supervisory employees: For applicants to positions defined by statute as managerial or supervisory (those who formulate and implement policy, or make key personnel decisions), the employer may obtain or consider credit history, but still only after a conditional job offer, unless a separate law provides otherwise.
• Federally insured financial institutions: If the employer is a financial institution whose deposits are insured by a federal agency, it may request or consider credit history as part of its normal employment practices after a conditional offer of employment, again unless another law authorizes different timing.

Using credit history in violation of these rules is an unlawful discriminatory practice under Hawaii employment law and is subject to the remedies provided by HRS chapter 378.

Source: HRS § 378-2.7

Civil penalty structure Hawaii imposes civil penalties on employers who do not comply with the new hire reporting requirement under HRS § 576D-16. Employers who fail to report a new hire as required by subsection (a) are subject to a $25 penalty for each violation. If the employer and employee conspire not to submit a required report, or to provide a false or incomplete report, the penalty increases to $500 per violation. These penalty amounts are set by statute directly under HRS § 576D-16(b).

Cure period There is no statutory cure period—the law does not provide a grace window for late or omitted reports to be submitted without penalty. The penalty attaches upon violation, and neither HRS § 576D-16 nor associated administrative rules describe a remedial period for employers to correct noncompliance before penalties are assessed.

Appeal or hearing process HRS § 576D-16(b) is also silent as to any formal administrative process for appealing or contesting a penalty before or after it is imposed. The CSEA is granted direct authority to assess civil penalties but the statute does not mandate notice, hearing, or an appeals process, nor does it reference Hawaii’s Administrative Procedure Act (HRS Chapter 91). Employers seeking to contest a penalty would need to rely on general principles of due process or pursue remedies outside of the statute, as no specific mechanism is published as of this date.

Official guidance As of June 2026, neither the published Hawaii Administrative Rules nor the official Child Support Enforcement Agency website provide details of any additional cure period or structured appeal track for new hire reporting penalties beyond what is contained in HRS § 576D-16. Processes, if any, are not formally published.

Key statutory language: > "If the employer fails to report as required under subsection (a), the child support enforcement agency may impose a civil penalty of: (1) $25; or (2) $500 if the failure to report is the result of a conspiracy between the employer and the employee not to supply the required report or to supply a false or incomplete report."

Source: Haw. Rev. Stat. § 576D-16