Occupation limits
Hawaii Non-Compete Law (2026): Void in tech, allowed elsewhere
Hawaii carved one industry out of noncompete law and left everything else alone. If a company draws most of its gross income from developing software or information technology, its employment contracts cannot contain a noncompete or a nonsolicit clause at all - those terms are void by statute. Workers in every other field face the ordinary common-law reasonableness test, with no wage floor, no duration cap, and no notice requirement to fall back on.
The rule
How Hawaii treats non-compete agreements
The statutory definition is narrower than 'anyone who works with computers' - it turns on where the employer's gross income comes from, and it deliberately excludes broadcast companies and franchised telecommunications carriers. Because the ban lives in Hawaii's antitrust and unfair-competition chapter rather than its labor code, a violation can also open the door to HRS ch. 480 remedies.
If you are an employer
Check first whether your revenue profile makes you a 'technology business' under HRS s. 480-4(d), because if it does, the clause is void no matter how modestly you draft it; if it does not, standard reasonableness drafting applies.
If you are a worker
A noncompete signed with a Hawaii software or IT company is unenforceable as a matter of statute, but the same clause at a hotel, hospital or retailer is judged only on whether a court thinks it is reasonable.
| Classification | Industry-specific ban (technology); common law elsewhere |
|---|---|
| Pay threshold | None. Coverage turns on the employer's industry, not the worker's pay. |
| Maximum term | No statutory ceiling. Outside the technology sector, duration is judged case by case for reasonableness, and Hawaii courts have generally treated one to two years as the ordinary range. |
| Notice or consideration | None by statute. Hawaii imposes no review period, no attorney advisory, and no codified consideration rule. |
| Primary statute | Haw. Rev. Stat. s. 480-4(d) |
Detail
What has changed, and what is still moving
Legislation 2024–2026
Nothing has changed since Act 158 of 2014 added HRS s. 480-4(d), which from July 1, 2015 forward has voided both noncompete and nonsolicit clauses in employment contracts at technology businesses. The 2024, 2025 and 2026 sessions produced no enacted noncompete legislation.
Bills to watch
No significant restrictive bills pending. SB 1161, which would have extended the ban to restaurant and retail workers, carried over to the 2026 session and then died on May 8, 2026.
Leading cases
Reported decisions applying HRS s. 480-4(d) remain scarce because the provision is narrow and rarely litigated. Outside technology, Hawaii courts continue to work from general common-law reasonableness principles rather than a signature noncompete precedent.
If you have one in hand
What can make a non-compete unenforceable in Hawaii
- Your occupation is carved out. Industry-specific ban (technology); common law elsewhere
- The scope is wider than the interest behind it. A restriction that reaches beyond the customers, trade secrets or goodwill the employer can actually point to is the most common reason a covenant fails in Hawaii.
Whether any of these applies turns on the wording of your own agreement, your role and the case law your court follows. This page maps the statutory landscape; it does not replace advice on a specific contract.
FAQ
Hawaii non-compete questions
Are non-compete agreements enforceable in Hawaii?
Hawaii carved one industry out of noncompete law and left everything else alone. If a company draws most of its gross income from developing software or information technology, its employment contracts cannot contain a noncompete or a nonsolicit clause at all - those terms are void by statute. Workers in every other field face the ordinary common-law reasonableness test, with no wage floor, no duration cap, and no notice requirement to fall back on.
How long can a non-compete last in Hawaii?
No statutory ceiling. Outside the technology sector, duration is judged case by case for reasonableness, and Hawaii courts have generally treated one to two years as the ordinary range.
Is there a minimum salary for non-competes in Hawaii?
No. Hawaii sets no income floor, so pay alone does not decide whether a covenant binds you. The test is whether the restriction goes further than the employer's legitimate interest requires in time, geography and scope of work.
What notice or consideration does Hawaii require?
None by statute. Hawaii imposes no review period, no attorney advisory, and no codified consideration rule.
Sources
How this entry was checked
- Primary source. Haw. Rev. Stat. s. 480-4(d) — the statutory text itself.
- Secondary sources consulted. Haw. Rev. Stat. s. 480-4(d), Hawaii Act 158 (2014), Hawaii State Legislature measure records, Katz Banks Kumin 50-state update (Mar. 2026), Epstein Becker Green.
Check it against a third party
None of these is ours. If a figure here matters to a decision, verify it:
- Federal Trade Commission — non-compete hub
- Economic Innovation Group — State Noncompete Law Tracker
- Fair Competition Law (Beck Reed Riden) — 50-state legislation tracker
- GAO-23-103785 — Noncompete Agreements (May 2023)
This page is general legal information published by Jurizmo and is not legal advice, does not create an attorney-client relationship, and may not reflect amendments enacted after the review date above. Consult a licensed attorney in the relevant state before acting on any agreement.