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Employment State Residency Requirements in Hawaii

Because of Hawaii's unique geography, interstate commuting is not a real possibility. While someone from Indiana can drive 15 minutes to go to work in Illinois, the chances of an employee living in California and taking a plane to work in Honolulu every day are slim. However, jobs with the state government have residency requirements that must be met, above and beyond simply being present in the state.

Resident Definition

The state of Hawaii defines a resident as someone both physically present in Hawaii and intending to make Hawaii a permanent home. This requires ownership of a home or continuous rental of a residence such as an apartment or condo. Other steps that affirm Hawaii residency include applying for a Hawaii drivers license or voter registration, filing Hawaii state income taxes and owning or operating a business in Hawaii.

Lawsuits

The ACLU has, in the past, represented jobseekers who were turned away from state jobs in Hawaii because they were not residents. In 2006, a Federal judge struck down Hawaii's requirement for pre-application residency as unconstitutional, saying it restricted the right to travel. State jobs are now open to applicants nationwide, rather than those who live in Hawaii at the time of application.

Nonresident Grace Period

When hired for a state job, nonresidents now receive a 30-day grace period. They have that amount of time to become Hawaii residents, as defined above. Otherwise, their employment is rendered null and void.



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