Seyfarth Synopsis: On July 3, 2023, Hawaii Governor Josh Green signed into law a pay transparency bill that will require employers to disclose in job listings an hourly rate or salary range that reasonably reflects the actual expected compensation for the job. The bill will also expand Hawaii's equal pay law to (1) prohibit pay discrimination based on any protected category under Hawaii law, not just sex; and (2) compare employees who are performing "substantially similar work," rather than "equal work." The law will become effective January 1, 2024.
Hawaii has become the latest jurisdiction to enact a law that will require pay transparency in job postings. Effective January 1, 2024, Hawaii employers with fifty or more employees will be required to disclose in job listings an hourly rate or salary range that reasonably reflects the actual expected compensation for the role. The law does not define "hourly rate" or "salary range."
Employers should note, the Hawaii law will not require employers to disclose pay information in job listings for positions that are internal transfers or promotions within the company. This is a departure from several other jurisdictions' pay transparency laws, which require internal job postings to follow the same pay transparency requirements as external job postings.
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