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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 1. Government § 378-2.3 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-378-2-3/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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