HB 555: RELATING TO EMPLOYMENT PRACTICES.

A BILL FOR AN ACT

RELATING TO EMPLOYMENT PRACTICES.

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

     SECTION 1.  Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§378-     Paid rest periods.  (a)  Employers shall authorize and permit each employee a paid rest period of no less than ten consecutive minutes for every four hours worked.  Insofar as practicable, the rest period shall be in the middle of each work period.  Rest periods under this subsection shall be counted as time worked, for which there shall be no deduction from wages.

     (b)  Any employer that fails to authorize or permit a rest period required under subsection (a) shall:

     (1)  Pay the employee for one hour of pay at the employee's regular rate of compensation for each workday that the rest period is not provided; and

     (2)  Be subject to a fine of $           for each violation of this section. Each violation shall be deemed a separate offense.  The fine shall be imposed by the department of labor and industrial relations.

     (c)  This section shall not apply to employees subject to a collective bargaining agreement under chapter 89 or their excluded counterparts.

     (d)  This section shall not be construed to prohibit any employer from providing rest periods that are longer than ten consecutive minutes or that occur more frequently than every four hours worked."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Employment Practices; Paid Rest Periods

Description:

Requires employers to authorize and permit employees a 10-minute paid rest period for every four hours worked.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to employment practices.

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

     SECTION 1.  Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§378-     Paid rest periods.  (a)  Employers shall allow each employee a rest period consisting of not less than ten consecutive minutes for each four hours of work time.  Insofar as practicable, the rest period shall be in the middle of each work period.  Rest periods under this paragraph shall be counted as time worked, for which there shall be no deduction from wages.

     (b)  Any employer that fails to allow an employee a rest period under subsection (a) shall:

     (1)  For each workday that the rest period is not provided, pay that employee for not less than one additional hour of work at the employee's regular rate of compensation; and

     (2)  Be subject to a fine of $          for each rest period that is not provided, with each rest period counted on a per employee basis.  The fine shall be imposed by the department of labor and industrial relations.

     (c)  This section shall not apply to employees subject to a collective bargaining agreement under chapter 89.

     (d)  This section shall not be construed to prohibit any employer from providing rest periods that are longer than ten consecutive minutes or that occur more frequently than each four hours of work time."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2026.

Report Title:

Employment Practices; Paid Rest Periods

Description:

Requires employers to provide employees with paid breaks.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  482

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 555

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Labor, to which was referred H.B. No. 555 entitled:

"A BILL FOR AN ACT RELATING TO EMPLOYMENT PRACTICES,"

begs leave to report as follows:

     The purpose of this measure is to require employers to authorize and permit employees a ten minute paid rest period for every four hours worked.

     Your Committee received testimony in support of this measure from six individuals.  Your Committee received testimony in opposition to this measure from the Chamber of Commerce Hawaii; Hawaiʻi Restaurant Association; Kapolei Chamber of Commerce; Retail Merchants of Hawaii; and Tiki's Grill & Bar.  Your Committee received comments on this measure from the Department of Human Resources Development; Department of Labor and Industrial Relations; Department of Human Resources of the City and County of Honolulu; Hawaii Food Industry Association; and Matson Navigation Company, Inc.

     Your Committee finds that it is important to ensure all employers provide employees with rest periods during their work shift without deducting wages.  Your Committee further finds that while some employers informally provide their employees with paid rest periods, it is not a requirement for them to do so.  This measure protects employees against bad employer practices by adding a requirement for employers to permit a paid rest period for every four hours worked in statute.

     Your Committee has amended this measure by:

     (1)  Clarifying that the requirements of this measure does not apply to public employees who are excluded from collective bargaining;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 555, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 555, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Labor,