Hawaii 2024 Regular Session

Hawaii House Bill HB207 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 207 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to labor. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 207
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to labor.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	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. INTRODUCED BY: _____________________________
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49	49	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.
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51	51	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.
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53	53	The purpose of this Act is to require employers with five or more employees to provide rest breaks to employees under certain conditions.
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55	55	SECTION 2. Section 387-3, Hawaii Revised Statutes, is amended to read as follows:
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57	57	"§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.
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59	59	For the purposes of this section[[]:[]]
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61	61	(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
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63	63	(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.
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65	65	(b) The regular rate of an employee who is employed on a salary shall be computed as follows:
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67	67	(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[.];
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69	69	(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[.];
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71	71	(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
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73	73	(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.
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75	75	(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:
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77	77	(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
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79	79	(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.
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81	81	(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.
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83	83	(e) An employer[[:]] who:
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85	85	(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;
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87	87	(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
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89	89	(3) [Who is] Is at any place of employment engaged primarily in the first processing of, or in canning or packing seasonal fresh fruits[;],
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91	91	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).
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93	93	(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.
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95	95	(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.
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97	97	For the purposes of this subsection, "employer" means any person with five or more employees.
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99	99	[(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."
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101	101	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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103	103	SECTION 4. This Act shall take effect on July 1, 2023.
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107	107	INTRODUCED BY: _____________________________
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109	109	INTRODUCED BY:
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117	117	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.
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123	123	Report Title:
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125	125	Employers; Employees; Rest Breaks
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129	129	Description:
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131	131	Requires employers with five or more employees to provide rest breaks under certain conditions.
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139	139	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.