Hawaii Whistleblower Laws: Protections and How to Report

Hawaii's Whistleblowers' Protection Act (HRS 378-62) protects both private and public sector employees from retaliation when they report violations of law to their employer or a public body. The law covers any worker who performs services for wages under a contract for hire, including state government employees.

Overview of Hawaii Whistleblower Laws

Hawaii is an employment-at-will state. Under the employment-at-will doctrine, employers can terminate workers for any reason or no reason at all. However, Hawaii law creates several important exceptions to this rule that protect employees who report illegal activity or unsafe conditions.

Hawaii's whistleblower protections come from two main sources: common law protections developed through court decisions, and statutory protections enacted by the state legislature. Together, these laws shield workers from retaliation when they speak up about wrongdoing in the workplace.

This guide covers the key statutes, who qualifies for protection, how to file a complaint, available remedies, and important deadlines every Hawaii whistleblower should know.

This is a summary of Hawaii whistleblower laws. Make sure to check out the Federal Whistleblower Laws as well.

Who Is Protected Under Hawaii Law

Hawaii's Whistleblowers' Protection Act (HRS 378-61 through 378-69) covers a broad range of workers. Under HRS 378-61, an "employee" is any person who performs a service for wages or other remuneration under a contract for hire, whether written or oral, express or implied. This definition includes workers employed by the State of Hawaii or any political subdivision of the state.

This means both private sector and public sector employees are protected. Whether you work for a small business in Maui, a large corporation in Honolulu, or a state government agency, Hawaii's whistleblower protections apply to you.

An "employer" under the statute is any person who has one or more employees. This includes agents of an employer, as well as agents of the state or any political subdivision of the state. Notably, individuals (not just companies) can be held liable for violations of this statute.

Common Law Protections

Even before the legislature enacted specific whistleblower statutes, Hawaii courts established common law protections through the public policy exception to at-will employment. Employees cannot be discharged for reasons that violate public policy.

To determine what constitutes public policy, Hawaii courts look at existing statutes and constitutional provisions. If a statute endorses a particular right, an employer may violate public policy by terminating an employee for exercising that right.

Courts have recognized three situations where public policy protects employees from wrongful discharge:

• Refusing to participate in unlawful practices. An employee who declines to break the law at an employer's request is protected.
• Performing a legal duty. An employee who fulfills a legal obligation (such as jury duty or responding to a subpoena) cannot be fired for doing so.
• Exercising a legal right. An employee who exercises a right granted by law (such as filing a workers' compensation claim) is protected from retaliation.

Hawaii courts have applied these protections in cases involving participation in antitrust investigations, inquiries about payroll deductions, and compliance with public health and safety regulations.

Statutory Protections

General Whistleblower Protection (HRS 378-62)

The primary whistleblower statute in Hawaii is HRS 378-62. Under this law, an employer cannot discharge, threaten, or otherwise discriminate against an employee regarding compensation, terms, conditions, location, or privileges of employment because the employee:

• Reports or is about to report a violation or suspected violation of any law, rule, ordinance, or regulation to the employer or a public body.
• Reports or is about to report a violation or suspected violation of a contract executed by the State, a political subdivision of the State, or the United States.
• Participates or intends to participate in an investigation, hearing, or inquiry held by any public body or court.

A "public body" under HRS 378-61 includes the executive branch, legislative branch, state agencies, local governing bodies, law enforcement agencies, the judiciary, and any body created by or primarily funded through state or local authority.

Important: Whistleblower reports may be made in writing or orally. However, reports made directly to the media are not protected under this statute.

Discrimination Protections (HRS 378-2)

Hawaii law also protects employees who oppose or report discriminatory employment practices. Under HRS 378-2, it is unlawful for an employer to discharge, expel, or otherwise discriminate against an employee in retaliation for:

• Opposing any unlawful discriminatory practice.
• Filing a complaint about discriminatory practices.
• Testifying or participating in a proceeding regarding discrimination.

Protected categories under this statute include race, sex, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, and domestic or sexual violence victim status.

Additionally, HRS 378-2.3 prohibits retaliation against employees who disclose their own wages, inquire about the wages of other employees, or encourage coworkers to exercise their rights under the wage transparency provisions.

Occupational Safety and Health (HRS 396-8)

Hawaii's Occupational Safety and Health law provides specific protections for workers who raise safety concerns. Under HRS 396-8(e), employers cannot discharge, threaten, or discriminate against an employee for:

• Refusing to operate or handle any machine, apparatus, or device that is in an unsafe condition.
• Filing a complaint or instituting a proceeding related to workplace safety.
• Testifying or intending to testify in a safety proceeding.
• Exercising any right endorsed by this statute on behalf of themselves or others.
• Refusing to participate in practices that violate workplace safety laws.

Workers' Compensation Protections (HRS 378-32)

Under HRS 378-32, it is illegal for an employer to discharge, suspend, or discriminate against an employee because the employee suffered a compensable work injury or because the employee testified in a proceeding related to the workers' compensation statute.

Hawaii False Claims Act (HRS 661-21)

The Hawaii False Claims Act allows private citizens to file lawsuits (known as "qui tam" actions) on behalf of the State when they discover fraud against the government. Under HRS 661-21, a person who knowingly presents a false claim for payment to the state, uses a false record to obtain payment, or conspires to defraud the state faces liability.

Whistleblowers who bring successful qui tam actions receive a percentage of the recovered funds:

• 15% to 25% of the proceeds if the State joins the action and takes over prosecution.
• 25% to 30% of the proceeds if the State declines to intervene and the whistleblower pursues the case independently.

Under HRS 661-28, employees, contractors, or agents who face retaliation for filing or assisting with a qui tam action are entitled to relief including reinstatement, two times back pay with interest, and compensation for special damages including litigation costs and attorney fees.

How to File a Whistleblower Complaint in Hawaii

The filing process depends on which statute applies to your situation. Here is a summary of where and how to file under each law.

Filing a General Whistleblower Claim

Under HRS 378-63, a person who believes they suffered retaliation may file a civil action in the circuit court for the circuit where the alleged violation occurred, where the complainant resides, or where the employer resides or has a principal place of business. The lawsuit must be filed within two years of the retaliatory action.

Filing a Discrimination Retaliation Claim

Employees who suffer retaliation for opposing discrimination should file a complaint with the Hawaii Civil Rights Commission (HCRC) within 180 days of the retaliatory action. After the HCRC investigates and issues a right-to-sue letter, the employee has 90 days to file a lawsuit in court.

Filing an Occupational Safety Complaint

Complaints about retaliation for raising workplace safety concerns should be filed with the Hawaii Occupational Safety and Health Division (HIOSH) within 60 days of the retaliatory action. Complaints can be submitted:

• Online: Through the HIOSH Whistleblower Complaint Form at labor.hawaii.gov
• By mail: 830 Punchbowl Street #425, Honolulu, HI 96813
• By fax: (808) 586-9104
• By email: dlir.hiosh.discrimination.complaints@hawaii.gov

When filing, include your name, mailing address, email address, and phone number so HIOSH can contact you for follow-up. Your complaint should describe the protected activity you engaged in, what adverse action the employer took, when the adverse action occurred, and how the two are connected.

Filing a Workers' Compensation Retaliation Claim

Complaints should be filed with the Disability Compensation Division of the Department of Labor and Industrial Relations within 30 days of the retaliatory action.

Contact Information

Remedies and Penalties for Retaliation

General Whistleblower Remedies (HRS 378-63)

A court may award a successful whistleblower any combination of the following:

• Reinstatement to the previous job position.
• Payment of back wages.
• Full reinstatement of fringe benefits and seniority rights.
• Actual damages.
• Reasonable attorney fees and litigation costs.

Under HRS 378-65, employers who violate the Whistleblowers' Protection Act face a civil fine of $500 to $5,000 for each violation. This fine is paid to the employee.

Discrimination Retaliation Penalties

Employers who violate HRS 378-2 face fines of $100 to $1,000 per offense. An employer who interferes with enforcement of the discrimination statute may face a fine up to $1,000, imprisonment for up to one year, or both. Courts can also order any form of equitable relief, including reinstatement and back pay.

Occupational Safety and Health Penalties

HIOSH penalties follow federal OSHA guidelines and are adjusted annually for inflation. As of 2025, key penalty amounts include:

• Serious violations: Up to $16,550 per violation.
• Willful or repeated violations: Up to $165,514 per violation.
• Failure to correct a violation: Up to $16,550 per day beyond the correction deadline.

False Claims Act Remedies (HRS 661-28)

Employees, contractors, or agents who face retaliation for bringing a qui tam action are entitled to:

• Reinstatement with the same seniority status.
• Two times the amount of back pay, plus interest.
• Compensation for special damages, including litigation costs and reasonable attorney fees.

Recent Updates to Hawaii Whistleblower Protections

Hawaii's Occupational Safety and Health Division (HIOSH) updated its Whistleblower Investigation Manual effective October 1, 2025. Key changes include:

• HIOSH no longer recognizes bilateral agreements in whistleblower investigations.
• HIOSH no longer imposes punitive damages, consistent with Hawaii Labor Relations Board decisions.
• HIOSH adopted the "reasonable cause" standard to guide the investigative process, aligning with federal OSHA standards.
• Chapter 2 of the manual was restructured to consolidate legal concepts and principles that guide whistleblower investigations.

These procedural updates affect how HIOSH handles and investigates whistleblower complaints but do not change the underlying statutory protections available to employees.

Federal Whistleblower Protections That Apply in Hawaii

In addition to state protections, Hawaii employees may also be covered by several federal whistleblower statutes, including:

• The Whistleblower Protection Act protects federal employees who report government waste, fraud, or abuse.
• The Sarbanes-Oxley Act protects employees of publicly traded companies who report securities fraud.
• The Dodd-Frank Act protects employees who report violations of securities laws to the SEC.
• OSHA Section 11(c) provides federal protection against retaliation for reporting workplace safety violations.

Federal claims may offer additional remedies or longer filing deadlines. Employees should evaluate both state and federal options when considering a whistleblower complaint.

More Hawaii Laws

• Hawaii At-Will Employment Laws
• Hawaii Employee Monitoring Laws
• Hawaii Final Paycheck Laws
• Hawaii Workers Compensation Laws