Compliance
Home Care Overtime Rules: What Agencies Owe Caregivers
Since 2015, home care agencies must pay caregivers overtime after 40 hours in a workweek. How the rule works, what counts as hours worked, and which states add daily overtime.
Hawaii overtime rules for home care workers
Last verified October 28, 2026 · All Hawaii resources
In Hawaii, overtime is time-and-a-half after 40 hours in a workweek. The state minimum wage is $16.00 an hour, rising to $18.00 on January 1, 2028. The federal Home Care Rule bars agencies from the companionship and live-in exemptions, though the Department of Labor stopped enforcing it against agencies in July 2025 while it considers undoing it. Whether Hawaii's own law requires it is unclear.
What are Hawaii's overtime and minimum wage rules?
| Minimum wage | $16.00 an hour, rising to $18.00 on January 1, 2028 |
|---|---|
| Weekly overtime | After 40 hours |
| Daily overtime | None |
Does Hawaii law require overtime for agency caregivers?
Unclear. Since 2013 Hawaii's wage law excludes companionship workers only when they work in the home of their own employer (HRS 387-1), which on its face leaves agency caregivers covered by state overtime after 40 hours (HRS 387-3). But the law also excludes employees whose overtime is prescribed by the federal Fair Labor Standards Act, and Hawaii has published no guidance or court decision on agency caregivers.
Does Hawaii have special rules for home care workers?
Domestic service workers are covered by Hawaii's minimum wage and overtime law under Act 248 (2013).
Calculate a week of overtime in Hawaii
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More for Hawaii
Overtime rules by state: other states
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