Employer of Record · Hawaii

Employer of Record in Hawaii.
The Only State That Mandates Health Insurance.

Hawaii is the only state in the US that requires employers to provide health care coverage to employees — the Prepaid Health Care Act has been law since 1974, more than 35 years before the Affordable Care Act. Any employee working 20 or more hours per week for 4 consecutive weeks must be enrolled in a qualifying health plan. Hawaii also has a mandatory TDI program requiring both employer and employee contributions, and a minimum wage rising to $18/hr by 2028 — the second highest in the country. Honolulu and the growing Oahu tech community are the primary employer markets. WorkGenius becomes your legal employer and manages every Hawaii obligation from day one.

$14.00/hr
Minimum wage (2024, rising to $18 by 2028)
Mandatory
Employer health insurance (PHCA)
Up to 11%
State income tax (top rate)

Hawaii by the Numbers

Minimum wage
$14.00/hr
Effective 2024; rising to $16.00 in 2026 and $18.00 in 2028
State income tax
Up to 11%
Hawaii has one of the highest top marginal income tax rates in the US — 11% on high earners, with graduated brackets starting at 1.4%
Prepaid Health Care Act
Mandatory (20+ hrs/week)
Employers must provide health coverage to employees working 20+ hours per week for 4 consecutive weeks — Hawaii is the only state with this requirement
TDI contributions
Both employer and employee
Hawaii's Temporary Disability Insurance requires contributions from both employer and employee
Final paycheck
Next regular payday
Final wages are due on the next scheduled payday following separation
Employment Practices Act
1+ employee
Hawaii's anti-discrimination statute covers all employers with at least one employee
The Defining Law

Hawaii Prepaid Health Care Act: The Only Mandatory Employer Health Insurance Law in the US

Hawaii's Prepaid Health Care Act (PHCA), enacted in 1974, requires all employers to provide health care coverage to employees who work 20 or more hours per week for four or more consecutive weeks. This makes Hawaii the only state in the US with a mandatory employer health insurance law. The employer must pay at least 50% of the monthly premium; the employee's share is capped at 1.5% of their weekly wages. The PHCA survived the enactment of ERISA (which generally preempts state insurance mandates) because it was enacted before ERISA and was explicitly grandfathered. It also survived the Affordable Care Act — Hawaii received a waiver. Employers that fail to enroll qualifying employees face significant penalties. For out-of-state companies hiring their first Hawaii employee, PHCA enrollment is required before the employee crosses the 20-hour weekly / 4-consecutive-week threshold.

Get AB5-Compliant Today
The ABC Test
  • Hawaii is the only state in the US that mandates employer-provided health insurance
  • Coverage is required for any employee working 20 or more hours per week for 4 or more consecutive weeks
  • Employers must pay at least 50% of the monthly health premium; employee contributions are capped at 1.5% of weekly wages
  • The PHCA was enacted in 1974 and was grandfathered from ERISA preemption and ACA supersession
  • Employers who fail to enroll qualifying employees face penalties and liability for uncovered claims
  • WorkGenius enrolls every qualifying Hawaii employee in PHCA-compliant coverage and manages premium contributions from day one
Hawaii Coverage

What WorkGenius Handles for Hawaii

Hawaii's mandatory health insurance law (PHCA), TDI contributions, minimum wage rising to $18/hr by 2028, and broad anti-discrimination statute create the most complex employer compliance environment in the Pacific.

Prepaid Health Care Act — Enrollment & Premium Management

WorkGenius enrolls every Hawaii employee who crosses the 20-hour/week threshold in PHCA-compliant health coverage, manages at least 50% employer premium contributions, and caps employee deductions at 1.5% of weekly wages — full PHCA compliance from day one.

TDI Contributions — Employer and Employee

Hawaii's TDI program requires both employer and employee contributions. WorkGenius calculates and remits TDI contributions for every Hawaii employee on each pay cycle, administering leave claims through the TDI system.

Minimum Wage — Rising to $18 by 2028

WorkGenius applies Hawaii's phased minimum wage schedule automatically: $14.00 in 2024, $16.00 in 2026, $18.00 in 2028. Each update takes effect on January 1 of the applicable year.

Hawaii Employment Practices Act Compliance

Hawaii's Employment Practices Act covers all employers with at least one employee and prohibits discrimination based on race, sex, sexual orientation, age, religion, color, ancestry, disability, marital status, and arrest and court record. WorkGenius ensures full HEPA compliance from the first hire.

Wage Payment Compliance

Hawaii requires wages to be paid at least semi-monthly. WorkGenius manages pay frequency, delivers final pay on the next regular payday, and maintains required wage statements.

Benefits Administration & Termination

ACA-compliant health coverage coordinated with PHCA requirements, 401(k), and disability insurance administered. Offboarding includes final pay on the next regular payday, COBRA administration, and TDI leave coordination.

Hawaii Compliance Dashboard
3 workers · All compliant
Live
Hawaii PHCA & TDI Enrollment Check
Passed
Prepaid Health Care Act enrollment confirmed — mandatory health coverage at 20+ hrs/week
TDI contributions active — mandatory employer and employee contributions
Minimum wage rate confirmed — $14.00/hr in 2024, rising to $18.00 by 2028
This Week's Payroll
$14.00
Base/hr
$21.00
OT rate (1.5×)
Auto
Calculated
Weekly invoice sent
Every Friday · All-in rate
Sent
Technology-Powered

How WorkGenius Handles Hawaii EOR

Hawaii is the only state in the US that requires employers to provide health insurance to employees working 20 or more hours per week — the Prepaid Health Care Act has been in place since 1974. Hawaii also requires mandatory TDI contributions from both employers and employees. WorkGenius handles PHCA enrollment, TDI contributions, and payroll automatically on every cycle.

  • Prepaid Health Care Act — Employer Health Insurance Mandated
    Hawaii is the only state that requires employers to provide health care coverage to employees working 20+ hours per week for 4 or more consecutive weeks. WorkGenius enrolls every qualifying Hawaii employee in PHCA-compliant coverage from day one.
  • Hawaii Payroll, Automatically
    Minimum wage at $14.00/hr (2024, rising to $18.00/hr by 2028), graduated income tax up to 11%, SUTA on applicable wages, plus TDI contributions — all calculated and remitted on every pay cycle.
  • TDI — Mandatory Employer and Employee Contributions
    Hawaii's Temporary Disability Insurance program requires contributions from both employer and employee. WorkGenius calculates and remits TDI contributions for every Hawaii employee on every cycle.
  • One Weekly Invoice
    A single, transparent weekly invoice covering payroll, PHCA premiums, TDI contributions, taxes, benefits, and compliance. No surprises, no hidden fees.

Other Key Hawaii Compliance Areas

Hawaii's PHCA is the defining compliance requirement — but TDI contributions, a high minimum wage trajectory, and a 1-employee anti-discrimination threshold make it one of the most regulation-dense employer environments in the country.

Prepaid Health Care Act (PHCA)

Only state with mandate

Hawaii is the only state requiring mandatory employer-provided health insurance. Applies to employees working 20+ hours per week for 4+ consecutive weeks. Employer pays at least 50% of the premium; employee share capped at 1.5% of weekly wages. Enacted 1974, grandfathered from ERISA and ACA.

Temporary Disability Insurance (TDI)

Employer + employee contributions

Hawaii's TDI program requires contributions from both employer and employee. Provides partial wage replacement when an employee cannot work due to a non-work-related illness, injury, or pregnancy. Employers can use private insurers or the state fund.

Minimum Wage — Rising to $18 by 2028

$18.00 by 2028

Hawaii's minimum wage is on a phased increase schedule: $14.00/hr in 2024, $16.00 in 2026, $18.00 in 2028. At $18/hr, Hawaii will have the second-highest statutory minimum wage in the US. WorkGenius applies each year's rate automatically.

Hawaii Employment Practices Act

1-employee threshold

Covers all employers with 1 or more employees. Prohibits discrimination based on race, sex, sexual orientation, gender identity or expression, age, religion, color, ancestry, disability, marital status, and arrest and court record. The Hawaii Civil Rights Commission handles complaints.

Simple Process

How It Works in Hawaii

From first conversation to fully compliant employment — typically within days.

1

Tell Us What You Need

Workers, roles, locations, and start dates. We tailor the setup to your needs.

2

We Assess & Classify

Our AI runs every worker through California's ABC test. We prepare compliant contracts and payroll setup.

3

Workers Are Employed

Onboarded with California-compliant contracts, benefits enrolled, payroll running from day one.

4

We Handle Ongoing

Payroll runs with daily OT. Taxes filed. Compliance monitored. One weekly invoice.

Hawaii EOR: Common Questions

What is Hawaii's Prepaid Health Care Act?

Hawaii's Prepaid Health Care Act (PHCA), enacted in 1974, requires all employers to provide qualifying health care coverage to employees who work 20 or more hours per week for four or more consecutive weeks. The employer must pay at least 50% of the monthly premium; the employee's contribution is capped at 1.5% of their weekly wages. Hawaii is the only state in the US with this requirement. The PHCA was grandfathered from ERISA preemption because it predates that federal law, and it survived the Affordable Care Act under a special Hawaii waiver. WorkGenius handles all PHCA enrollment and premium administration for qualifying Hawaii employees.

Does the PHCA apply to all employees or just full-time workers?

The PHCA applies to any employee working 20 or more hours per week for four or more consecutive weeks — it is not limited to full-time employees. This is a key distinction from the ACA's 30-hour threshold. Part-time employees who consistently work 20+ hours per week must be enrolled. Employees working fewer than 20 hours per week, or working only temporarily, are not covered by the mandatory enrollment requirement, though employers may voluntarily cover them.

What is Hawaii's TDI program?

Hawaii's Temporary Disability Insurance (TDI) program requires both employer and employee contributions. It provides partial wage replacement — approximately 58% of average weekly wages — when an employee cannot work due to a non-work-related illness, injury, or pregnancy for up to 26 weeks. Unlike Rhode Island's TDI, Hawaii's program requires employer contributions in addition to employee contributions. Employers can either obtain private TDI insurance or use the state fund. WorkGenius manages TDI enrollment and contribution remittance for every Hawaii employee.

What is Hawaii's minimum wage schedule?

Hawaii's minimum wage is on a legislated phased increase: $14.00/hr in 2024, $16.00/hr in 2026, and $18.00/hr in 2028. At $18/hr, Hawaii will have one of the highest statutory minimum wages in the US. WorkGenius applies each increase automatically on the effective date.

What does Hawaii's Employment Practices Act cover?

Hawaii's Employment Practices Act covers all employers with at least one employee. It prohibits discrimination in employment based on race, sex, sexual orientation, gender identity or expression, age, religion, color, ancestry, disability, marital status, and arrest and court record. The "arrest and court record" protection is particularly notable — Hawaii restricts employers from considering arrest records in most employment decisions. The Hawaii Civil Rights Commission handles complaints.

Are non-compete agreements enforceable in Hawaii?

Hawaii courts have historically been skeptical of non-compete agreements and require them to satisfy a strict reasonableness standard — courts examine whether the restriction is necessary to protect a legitimate business interest, is reasonable in scope and duration, and does not impose undue hardship on the employee. Hawaii has not enacted a categorical statutory ban but courts apply a more searching inquiry than many other states. WorkGenius drafts non-compete provisions that are narrowly scoped to meet Hawaii's demanding standard.

Explore other state EOR guides

Employer of Record

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