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New state law addresses pay transparency and discrimination

On Behalf of | Aug 11, 2023 | Employment Law

Pay transparency laws have been adopted in a number of states. Now Hawaii will be added to that list at the beginning of next year.

In July, Gov. Josh Green signed a bill into law that will require private employers with at least 50 employees to include the pay range for both hourly and salaried positions in all external job listings. The law, which takes effect on Jan. 1, 2024, will also apply to public employers whose employee salaries aren’t determined by collective bargaining. Unlike the laws in some states, the new Hawaii law does not require this pay information on internal job listings.

These pay transparency laws are among the steps that the federal and state governments have taken in recent years to help employees ensure that they’re being paid comparably to others doing the same job. The more employees know about pay ranges for various jobs, the better they’re able to advocate for fair pay.

How does the new law expand protections against pay discrimination?

Hawaii’s new law also expands pay discrimination protections that currently address only gender disparities to all protected characteristics protected under state law (like race, age, disability and more). The law prohibits employers “from discriminating between employees because of any protected category established under state law…for substantially similar work.”

It’s important for employees to know the current laws with which their employers are required to comply and any changes in those laws. If you believe your employer is not complying with the law and you’ve been unable to resolve the issue with them, it can be worthwhile to seek legal guidance to protect your rights.

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