HRS §378-2.3
Equal pay for similar work and wage talk protections
Employers cannot pay workers less for similar work based on protected categories like race or sex. Pay differences are okay if based on seniority, merit, production, or other job-related factors. Employers also cannot punish workers for discussing wages or helping others.
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The statute, as written — Equal pay
(a) No employer shall discriminate between employees because of any protected category listed in section 378-2(a)(1) by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to other employees in the establishment for substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. Payment differentials resulting from: (1) A seniority system; (2) A merit system; (3) A system that measures earnings by quantity or quality of production; (4) A bona fide occupational qualification; or (5) A differential based on any other permissible factor other than any of the protected categories listed in section 378-2(a)(1), do not violate this section. (b) An employer shall not retaliate or discriminate against an employee for, nor prohibit an employee from, disclosing the employee's wages, discussing and inquiring about the wages of other employees, or aiding or encouraging other employees to exercise their rights under this section.
Sections this one refers to
§378-2 Discrimination is illegal
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.