On July 3, 2023, Hawaii joined eight other states, as well as eight cities/counties, by enacting SB 1057, which requires that certain job listings disclose the hourly rate or salary range that "reasonably reflects the actual expected compensation" for the position being posted.1 According to the Hawaii legislature, including information about pay or salary in job advertisements will help increase pay transparency and equal pay for all employees.
While the posting requirements apply to most job advertisements, the new law does not apply to job listings for:
The legislature did not define or provide guidance on the meaning of "reasonably reflects" or how that provision will be interpreted. The legislature also did not specify whether the 50-employee requirement includes all employees of the employer or only those in the state of Hawaii.
SB 1057 also expands Hawaii's existing equal pay requirements by prohibiting an employer from paying employees in "any protected category" listed in Hawaii's employment discrimination statute less than it pays other employees in the establishment for "substantially similar work"—as compared to "equal work." These protected categories include race, sex (including gender...
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