Bill Text: HI HB207 | 2023 | Regular Session | Introduced
Bill Title: Relating To Labor.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2023-01-25 - Referred to LGO, FIN, referral sheet 1 [HB207 Detail]
Download: Hawaii-2023-HB207-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
207 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to labor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that according to the National Conference of State Legislatures, nearly thirty states have no rest break laws for adult workers. Of the states that do have such laws, the requirements vary significantly. The legislature further finds that Hawaii law requires an interval of at least thirty consecutive minutes for a rest or lunch period for no more than five continuous hours of work for minors who are at least fourteen years old. Federal law under the Patient Protection and Affordable Care Act requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth each time the employee has a need to express the milk. Hawaii law prohibits employers from penalizing an employee who breastfeeds or expresses milk at the workplace. However, neither state law nor federal wage and hour law currently requires employers to provide employees who are sixteen years of age or older with any rest break no matter how many consecutive hours an employee is required to work.
The legislature recognizes the benefits of rest breaks to employees and the workplace though increased productivity and stress reduction. Employees who must work a full day or eight-hour shift or more should not be denied a reasonable period to rest.
The purpose of this Act is to require employers with five or more employees to provide rest breaks to employees under certain conditions.
SECTION 2. Section 387-3, Hawaii Revised Statutes, is amended to read as follows:
"§387-3
Maximum hours. (a) No employer [shall], except as
otherwise provided in this section, shall employ any employee for a
workweek longer than forty hours unless the employee receives overtime
compensation for the employee's employment in excess of the hours above
specified at a rate not less than one and one-half times the regular rate at
which the employee is employed.
For the
purposes of this section[[]:[]]
(1) "Salary" means a predetermined wage,
exclusive of the reasonable cost of board, lodging, or other facilities, at
which an employee is employed each pay period; and
(2) If an employee performs two or more different kinds of work for the same employer, the total earnings for all such work for the pay period shall be considered to have been earned for performing one kind of work.
(b) The regular rate of an employee who is employed on a salary shall be computed as follows:
(1) If the employee is employed on a weekly
salary, the weekly salary and the reasonable cost of board, lodging, or other
facilities, if furnished to the employee, shall be divided by forty[.];
(2) If the employee is employed on a biweekly
salary, the biweekly salary and the reasonable cost of board, lodging, or other
facilities, if furnished to the employee, shall be divided by two and the
quotient divided by forty[.];
(3) If the employee is employed on a semi-monthly
salary, the semi-monthly salary and the reasonable cost of board, lodging, or
other facilities, if furnished to the employee, shall be multiplied by
twenty-four, the product divided by fifty-two and the quotient divided by
forty[.]; and
(4) If the employee is employed on a monthly salary, the monthly salary and the reasonable cost of board, lodging, or other facilities if furnished to the employee, shall be multiplied by twelve, the product divided by fifty-two and the quotient divided by forty.
(c) The regular rate of an employee who is
employed on a salary and in addition receives other wages such as, but not
limited to, commissions, bonus, piecework pay, and hourly or daily pay shall be
computed in the manner provided in this subsection. As used [hereinabove,] in this
subsection, the term "other wages" shall not include the
reasonable cost of board, lodging, or other facilities[.]; provided
that:
(1) If the employee's salary and the reasonable
cost of board, lodging, or other facilities, if furnished to the employee,
equal or exceed fifty per cent of the employee's total earnings for the pay
period, the total earnings shall be reduced to a regular rate in the manner
provided in [paragraph] subsection (b) (1), (2), (3), or (4) [of
subsection (b),] whichever [is applicable.] applies; and
(2) If the employee's salary and the reasonable
cost of board, lodging, or other facilities, if furnished to the employee, are
less than fifty per cent of the employee's total earnings for the pay period,
the total earnings shall be reduced to a regular rate in the manner provided in
[paragraph] subsection (b) (1), (2), (3), or (4) [of subsection
(b),] whichever [is applicable,] applies, except that the
actual number of hours worked in the workweek shall be substituted for the
final divisor of forty. Such an employee
shall receive overtime compensation for employment in excess of forty hours in
a workweek at a rate not less than one-half times the employee's regular rate.
(d) The regular rate of an employee whose
compensation is based on other than salary shall be computed in the manner
provided in [paragraph (2) of] subsection [(c).] (c)(2). The reasonable cost of board, lodging, or
other facilities, if furnished to the employee, shall be included in computing
the employee's regular rate. Such an
employee shall receive overtime compensation for such employment in excess of
forty hours in a workweek at a rate not less than one-half times the employee's
regular rate.
(e) An employer[[:]] who:
(1) [Who is] Is engaged in
agriculture and in the first processing of milk, buttermilk, whey, skim milk,
or cream into dairy products, or in the processing of sugar cane molasses or
sugar cane into sugar (but not refined sugar) or into syrup, or in the first
processing of or in canning or packing any agricultural or horticultural
commodity, or in handling, slaughtering, or dressing poultry or livestock;
(2) [Who is] Is engaged in
agriculture and whose agricultural products are processed by an employer who is
engaged in a seasonal pursuit or in processing, canning, or packing operations
referred to in paragraph (1); or
(3) [Who is] Is at any place of
employment engaged primarily in the first processing of, or in canning or
packing seasonal fresh fruits[;],
shall not be required to pay overtime compensation
for hours in excess of forty in a workweek to any of the employer's employees
during any of twenty different workweeks, as selected by the employer, in any
yearly period commencing July 1, for employment in any place where the
employer is so engaged. The employer,
however, shall pay overtime compensation for such employment in excess of
forty-eight hours in any such exempt workweek at the rate and in the manner
provided in subsections (a), (b), (c) and (d), whichever [is applicable,]
applies, except that the word "forty-eight" shall be
substituted for the word "forty" wherever it appears in subsections
(b), (c), and (d).
(f) No employer shall employ any employee in split shifts unless all of the shifts within a period of twenty-four hours fall within a period of fourteen consecutive hours, except in case of extraordinary emergency.
(g) Any employee who works six or more hours but
less than eight hours on a shift shall be permitted a rest break of twenty
minutes. An employer and employee may
negotiate the terms of a rest break, including the employee's option to take no
rest break. A rest break may be
unpaid. An employee shall be relieved of
the employee's duties during any unpaid rest break.
For the
purposes of this subsection, "employer" means any person with five or
more employees.
[(g)]
(h) This section shall not apply
to any overtime hours worked by an employee of an air carrier subject to title
II of the Railway Labor Act, 45 U.S.C. section 181 et seq.; provided such
overtime hours are the result of a voluntary agreement between employees to
exchange work time or days off."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2023.
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INTRODUCED BY: |
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Report Title:
Employers; Employees; Rest Breaks
Description:
Requires employers with five or more employees to provide rest breaks under certain conditions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
