SB 1034: RELATING TO THE FOOD SERVICE INDUSTRY.

A BILL FOR AN ACT

RELATING TO THE FOOD SERVICE INDUSTRY.

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

     SECTION 1.  The legislature finds that the State is committed to upholding the dignity and well-being of its workforce, recognizing that fair and just labor practices are essential to the health, safety, and economic security of its workers.  In turn, food service workers form a cornerstone of the State's economy, contributing to its vibrant hospitality and culinary industries while often working in physically demanding and high-stress environments.

     The legislature further finds that the State currently lacks basic labor laws requiring employers to provide meal breaks for employees, leading to widespread reports of food service workers being denied sufficient time to rest, eat, and recharge during long shifts, creating unsustainable working conditions.

     Accordingly, the purpose of this Act is to require employers in the food service industry to provide a thirty‑minute unpaid break for consumption of a meal for all employees working five or more consecutive hours, ensuring that workers have access to proper nourishment and rest during their shifts.

     SECTION 2.  Chapter 387, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§387-    Food service employees; unpaid rest periods.  (a)  All employers in the food service industry shall allow their employees an unpaid rest period of at least thirty consecutive minutes for each       consecutive hours of working time.

     (b)  For the purposes of this section, "food service industry" means businesses that produce, prepare, serve, or sell food and or beverages to customers for consumption.  "Food service industry" includes restaurants, cafeterias, bars, catering services, and food trucks."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

Food Service Industry; Food Service Employees; Work Hours; Unpaid Rest Periods

Description:

Requires employers in the food service industry to allow their employees an unpaid rest period of 30 consecutive minutes for a certain number of consecutive hours of working time.  Effective 7/1/2050.  (SD1)

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 THE FOOD SERVICE INDUSTRY.

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

     SECTION 1.  The legislature finds that the State is committed to upholding the dignity and well-being of its workforce, recognizing that fair and just labor practices are essential to the health, safety, and economic security of its workers.  In turn, food service workers form a cornerstone of the State's economy, contributing to its vibrant hospitality and culinary industries while often working in physically demanding and high-stress environments.

     The legislature further finds that the State currently lacks basic labor laws requiring employers to provide meal breaks for employees, leading to widespread reports of food service workers being denied sufficient time to rest, eat, and recharge during long shifts, creating unsustainable working conditions.

     Accordingly, the purpose of this Act is to require employers in the food service industry to provide a thirty-minute unpaid break for consumption of a meal for all employees working five or more consecutive hours, ensuring that workers have access to proper nourishment and rest during their shifts.

     SECTION 2.  Chapter 387, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§387-    Food service employees; unpaid rest periods.  All employers in the food service industry shall allow their employees an unpaid rest period of at least thirty consecutive minutes for each five consecutive hours of working time."

     SECTION 3.  New statutory material is underscored.

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

Report Title:

Food Service Industry; Food Service Employees; Work Hours; Unpaid Rest Periods

Description:

Requires employers in the food service industry to allow their employees an unpaid rest period of 30 consecutive minutes for each five consecutive hours of working time.  Effective 1/1/2026.

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. 350

Honolulu, Hawaii

RE:    S.B. No. 1034

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Labor and Technology, to which was referred S.B. No. 1034 entitled:

"A BILL FOR AN ACT RELATING TO THE FOOD SERVICE INDUSTRY,"

begs leave to report as follows:

     The purpose and intent of this measure is to require employers in the food service industry to allow their employees an unpaid rest period of thirty consecutive minutes for each five consecutive hours of working time, effective January 1, 2026.

     Your Committee received testimony in support of this measure from the Hawaiʻi Restaurant Association.

     Your Committee received testimony in opposition to this measure from ABC Stores.

     Your Committee received comments on this measure from the Department of Labor and Industrial Relations and Hawaii Food Industry Association.

     Your Committee finds that food service workers provide a vital service to the State but often suffer from inadequate workers' protections.  No State law currently requires meal breaks for food service employees, leading to instances of abuse in which employees are denied sufficient time to rest and eat despite working on their feet for long hours.  This measure resolves this gap by requiring employers in the food service industry to allow their employees a thirty-minute unpaid rest period following five consecutive hours of work.

     Your Committee has amended this measure by:

     (1)  Inserting a blank amount for the number of hours after which an employee must be allowed an unpaid break, rather than five hours;

     (2)  Inserting a definition for "food service industry"; and

     (3)  Inserting an effective date of July 1, 2050, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1034, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1034, S.D. 1, and be referred to your Committee on Commerce and Consumer Protection.

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