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THE SENATE |
S.B. NO. |
2713 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to PAID MEAL PERIODS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§387- Paid
meal periods. (a) No
employer shall employ any person for a work period in excess of five consecutive
hours without providing the employee a meal period of not less than thirty minutes;
provided that when the employee's full workday is not more than six consecutive
hours, the meal period may be waived by mutual consent of the employer and
employee. A meal period shall be
considered as time worked unless the employee is relieved of all duties during
the meal period; provided that a meal period considered as time worked shall be
permitted only when:
(1) The
nature of the employee's work prevents the employee from being relieved of all
duties during the work period; and
(2) There
is a written agreement between the employer and employee stating:
(A) The terms and conditions of the meal period considered as time worked that the parties
have agreed to; and
(B) That the employee may, in writing, terminate
the agreement at any time.
(b) Any employer that fails to provide an
employee with a meal period in accordance with this section shall pay the
employee an additional one hour of pay at the employee's regular rate of
compensation for each workday that the meal period was not provided.
(c) All employers that require their employees to
remain on the premises of the business establishment during their meal periods shall
designate a suitable place for employees to spend their meal periods.
(d) Notwithstanding any other provision of this
section, an employee in the health care industry who works shifts that are in
excess of eight total hours in a workday may voluntarily waive their right to
one of their two meal periods; provided that the waiver shall be documented by
a written agreement voluntarily signed by the employee and the employer;
provided further that the employee shall be fully compensated for all time
worked, including any meal period, while the agreement to waive the meal period
is in effect. An employee who waives the
right to a meal period pursuant to this subsection may revoke their waiver at
any time by giving the employer at least one-day written notice.
(e) For purposes of this section,
"employer" means a person who, directly, indirectly, or through an
agent or any other similar person, including a third-party employer, temporary
services company, staffing agency, independent contractor, or any similar
entity, at any time in the prior twelve months, employs or exercises control
over the wages, hours, or working conditions of fifty or more employees at a
single business establishment."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Employment Practices; Paid Meal Periods; Waiver
Description:
Requires certain employers to provide paid meal periods to certain employees under certain circumstances. Establishes conditions for waivers of the paid meal periods.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.