REPORT TITLE:
Labor


DESCRIPTION:
Requires employers to provide meal breaks.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2171
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MEAL BREAKS.


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that although Act 172,
 
 2 Session Laws of Hawaii 1999, made it illegal for an employer to
 
 3 prohibit an employee from expressing breastmilk during any meal
 
 4 break or other break period required by law, neither state nor
 
 5 federal wage and hour laws currently require employers to provide
 
 6 employees age sixteen and over any meal break or rest break no
 
 7 matter how many consecutive hours they may be required to work.
 
 8 Employees who must work a full day or eight-hour shift or more
 
 9 regardless of age or sex should not be denied a reasonable period
 
10 of time to rest and consume a meal as is commonly required by
 
11 other states such as California, Oregon, and Washington.
 
12      The purpose of this Act is to ensure that employees working
 
13 five or more consecutive hours be provided with meal breaks.  The
 
14 legislature recognizes, however, that there are situations where
 
15 a mandatory meal break may not be necessary or appropriate, such
 
16 as when:
 
17      (1)  The nature of a job does not permit an employee to take
 
18           a break from the employee's work station or duties, but
 
19           allows the employee to still consume a meal while on
 
20           duty; or
 

 
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                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1      (2)  An employee's workday or shift is not more than five
 
 2           hours.
 
 3 Accordingly, this Act allows for the waiver of the mandatory
 
 4 requirement if the employer and employee mutually agree to do so.
 
 5      SECTION 2.  Chapter 378, Hawaii Revised Statutes, is amended
 
 6 by adding a new section to be appropriately designated and to
 
 7 read as follows:
 
 8      "§378-     Meal breaks.  An employer may not employ an
 
 9 employee for a period of more than five continuous hours without
 
10 providing the employee with an unpaid meal break period of not
 
11 less than thirty minutes unless a collective bargaining agreement
 
12 otherwise contains express provisions for a meal break or the
 
13 meal break period is waived by mutual consent."
 
14      SECTION 3.  New statutory material is underscored.
 
15      SECTION 4.  This Act shall take effect upon its approval.