Do you have to post a salary range in Hawaii job postings?
Hawaii's pay-transparency law generally requires employers with 50 or more employees to include an hourly rate or salary range in job listings. Some roles are treated differently, so confirm the current rules.
Hawaii generally requires employers with 50 or more employees to disclose an hourly rate or salary range that reasonably reflects the expected pay in their job listings. Certain postings, such as some internal transfers or public-sector positions, may be treated differently.
Confirm the current obligations, including how the 50-employee threshold is measured and which roles are excluded, before relying on them for a specific posting.
Risky phrasing
“Honolulu. Front Desk Supervisor. Pay based on experience.”
Compliant rewrite
Honolulu. Front Desk Supervisor. $24–$28 per hour. (Hawaii generally requires an hourly rate or salary range; confirm current rules.)
The law at a glance
- Law
- Hawai'i Pay Transparency Law (Act 203 of 2023, S.B. 1057)HRS § 378-2.8, enacted by Act 203, Session Laws of Hawai'i 2023 (S.B. 1057, S.D.2, H.D.2, C.D.1); the act also amended HRS § 378-2.3
- In effect
- January 1, 2024
- Who’s covered
- Employers with 50 or more employees that post job listings. Per the Hawai'i Civil Rights Commission's own FAQ, the law does not specify that the 50 employees must be located in Hawai'i, and it does not distinguish full-time from part-time — so a mainland employer's total headcount may count. Worth watching: the 2026 legislature tried to remove the 50-employee exemption entirely (S.B. 2386 passed both chambers but died in conference), so the threshold still stands as of this writing.
- Penalties
- Act 203 does not set out a specific fine schedule for a posting that omits a pay range — compliance advisors state plainly that the law 'does not specify a fixed fine or penalty.' Violations are generally handled through the Hawai'i Civil Rights Commission's complaint process under HRS chapters 368 and 378 part I, which can lead to remedial orders and damages rather than a fixed per-posting fine. Confirm current exposure with counsel.
What that means for a posting
- If you have 50 or more employees, your job listings generally must include an hourly rate or a salary range for the position.
- The rate or range must 'reasonably reflect the actual expected compensation' for the role. A token placeholder range wide enough to be meaningless is unlikely to qualify, though the statute does not define how narrow is narrow enough.
- Postings for internal transfers or promotions within your current workforce are exempt — the rule targets external job listings.
- Public-employee positions whose salary and benefits are set through collective bargaining are also exempt.
- The statute only requires the hourly rate or salary range. It does not, as of this writing, require you to list benefits, bonuses, commissions, or other compensation in the posting.
- Separately, Hawai'i has banned asking applicants about salary history since 2019 (HRS § 378-2.4), and employees have the right to discuss their own pay (HRS § 378-2.3(b)).
Remote and out-of-state postings
The statute is silent on remote positions — it neither says it covers remote roles performed in Hawai'i nor limits itself to Hawai'i-based jobs, a gap Morgan Lewis has flagged. The HCRC's FAQ adds that the 50-employee threshold is not limited to employees based in Hawai'i. The conservative reading for an out-of-state employer with 50+ total employees: include a range in any posting for a role that will or could be performed in Hawai'i, and confirm the current position with counsel.
How it’s actually enforced
The Hawai'i Civil Rights Commission (HCRC) enforces chapter 378 part I, where the pay-transparency section lives, through a complaint-driven process — job candidates or employees can file with the HCRC, and Morgan Lewis notes the law permits aggrieved individuals to assert a private right of action. The softer side: as of this writing there is no dedicated penalty schedule, no published wave of HCRC pay-transparency enforcement actions, and agency guidance remains thin. The larger practical risk is that Act 203 also broadened Hawai'i's equal-pay law to 'substantially similar work' across all protected categories, so a posted range that does not match what you actually pay can feed a wider pay-discrimination claim.
Common follow-ups
We're a mainland company hiring one remote worker in Hawaii. Does this apply to us?+
Possibly. The law is silent on remote positions, and the HCRC's FAQ says the 50-employee threshold is not limited to employees based in Hawai'i — so a mainland employer's total headcount may put it over the line. Until the gap is clarified, the conservative practice is to include a compliant range in any posting for a role that could be performed in Hawai'i.
Do internal promotions or transfers need a posted range?+
No. The HCRC confirms the disclosure requirement does not apply to positions that are internal transfers or promotions within a current employer. Once a role is advertised externally, though, the exemption no longer helps.
Who enforces this, and can an applicant sue us?+
The Hawai'i Civil Rights Commission enforces the part of chapter 378 that contains this rule, through a complaint process. Candidates or employees can file with the HCRC, and law-firm commentary (Morgan Lewis) notes the law permits aggrieved individuals to assert a private right of action — so litigation exposure exists even though no fixed fine schedule does.
Do we have to disclose bonuses, commissions, or benefits in the posting?+
Not under this statute as of this writing. It requires only an hourly rate or salary range that reasonably reflects expected compensation — it does not require benefits or incentive pay in the listing. That said, if commissions are the bulk of expected pay, a base-only range may not 'reasonably reflect' actual expected compensation, so describe the structure carefully.
How is the 50-employee threshold counted?+
Loosely, for now. The HCRC's FAQ says the law does not specify where the 50 employees must be located or whether they must be full-time. Most advisors read that as total company headcount, including part-time and out-of-state workers — assume you are covered if your whole organization is at or above 50. Note the 2026 legislature considered dropping the threshold altogether (S.B. 2386), but the bill died in conference — smaller employers remain exempt for now.
Can we still ask candidates what they currently make?+
No — that is a separate, older rule. Since 2019, HRS § 378-2.4 has barred employers from asking about or relying on an applicant's salary history when setting pay. A candidate may volunteer their history unprompted, but you should not ask for it.
Check your own posting in seconds.
Paste a job posting. FairHire quotes the exact line that carries risk — a missing range, age-coded wording, a vague pay promise — and shows a safer way to say it.
Audit my job post freeSources
- Hawai'i Civil Rights Commission — Act 203 Pay Transparency FAQs (official)
- HCRC Act 203 Pay Transparency & Equal Pay FAQ (PDF)
- Littler — Hawaii Enacts Pay Transparency Law and Broadens Equal Pay Law
- Morgan Lewis — Hawaii Revised Statutes Amended to Address Pay Transparency and Equal Pay
- SixFifty — Hawaii Pay Transparency Law Requirements (updated Jan 2026)
- ProService Hawaii — Hawaii Adopts Pay Transparency Laws
- S.B. 1057 C.D.1 (Act 203), Hawai'i State Legislature
- NFIB — 2026 End-of-Session Report on the Hawaii State Legislature (SB 2386 died in conference)
Last reviewed July 8, 2026. Laws change — always confirm current rules for your jurisdiction.FairHire is an informational tool, not legal advice. Have qualified counsel review your hiring questions before use.