Hawaii Break Laws Explained: What You Should Know As An Employee

Hawaii Labor Break Laws at a Glance

In contrast to the federal labor laws in the U.S., Hawaii state laws have specific regulations governing meal and rest breaks for employees, which offer protections that are not enforced by any federal agency. Best practices dictate that employers should adhere to these "at least" policies when it comes to breaks for meals or rest, as these standards provide protection for workers.
Employees in the state of Hawaii are entitled to two breaks during their work period: Under Section 8-30-35 of the Hawaii Revised Statutes § 387-2, employers in the state are required to provide at least 30 minutes for an employee’s meal break for every 5 hours of work (or partial work) over that five-hour span. These meal breaks must be "uninterrupted and off the premises" according to state law. Any time over 40 hours worked in the week, employees can be compensated at regular rate of pay . Overtime laws may apply to your business, depending on the number of employees that you have. Hawaii Revised Statutes § 388-10 through -15 require that employers provide employees with two 10-minute breaks for every four hours worked. These breaks must be paid time. Employees do not have the right to count time traveled between their work space and their break area. The Department of Labor and Industrial Relations (DLIR) is responsible for the enforcement of meal and rest breaks in Hawaii. The DLIR facilities include labor standards, workplace safety and health, unemployment and temporary disability insurance, collective bargaining, apprenticeship and training, workforce and economic research and analysis, labor-management cooperation, and furthering equal employment opportunity for women and minorities.

Required Meal and Rest Periods in Hawaii

Mandatory Rest and Meal Breaks in Hawaii for Workers and Employees
Generally speaking, the law in Hawaii is that employers within the state can use their discretion for most Hawaii employees to schedule breaks in the workday for meals or rest periods. For exempt workers in Hawaii, employers are not liable for scheduling meal breaks. However, if such breaks are scheduled, employers in Hawaii and throughout the United States are obligated to follow various federal labor laws that apply to meal and rest periods. Only the state of California has laws that specifically state how rest and meal breaks must be handled. Federal law does not require thirty (30) minute meal breaks or other breaks for employees. However permissible rest periods under federal law apply to those employees who work at least 3.5 continuous hours a day: The law also states that breaks that last less than 20 minutes should be counted as part of working time and are required to be paid. Employers may not consider "off-the-clock" breaks as unpaid time unless those breaks are long enough to cause the employee to leave the work premises. Even though federal law does not require that employers provide workers with meal breaks, most employers do provide employees with an uninterrupted 30-60 minute meal period during each shift. Federal courts have held that outside sales persons and some computer-related positions are considered exempt from federal wage and hour laws. Under Hawaii law, employees must be provided with meal breaks of at least 30 minutes if they are scheduled to work for seven and one-half continuous hours or more. The Hawaii Department of Labor and Industrial Relations (DLIR) defines a continuous work period to mean that an employee is not on break to eat a meal, perform personal functions, etc. The Hawaii break law also states that two (2) 10-15 minute rest periods may be scheduled for employees who work seven (7) and one-half hours or more and that these rest periods count toward their 30 minute meal entitlement.

Exceptions and Special Rules

There are several exemptions to the general rule that employees in Hawaii are entitled to a meal break and two rest breaks per day. For example, certain industries and job types are exempt from this rule. One major exemption is for businesses subject to the 30 cents per meal rule. This rule applies to establishments serving food and providing free meals to employees.
If you are in charge of an establishment described in the 30 cents meal rule, you are required by law to either provide your employees with a meal at your cost that the law caps at 30 cents or else pay for the meals consumed. Even if you follow the law and provide meals at your establishment, you are not required to provide breaks, including meal, coffee or other rest breaks.
With respect to how breaks and meal breaks are measured, you must abide by the 10 minutes maximum leave time per employee rule. You cannot reduce scheduled meal or break time, for example, just to make up the time at the end of the shift.
Another major exemption is for those who work in "essential services." This definition includes firefighters and law enforcement personnel. If you employ these workers, inquire about whether the exemption applies to all, some or none of them.
Miscellaneous exemptions also exist for certain employees. For example, if you have a administrative or office staff, consider the need for a 30-minute meal break but no rest breaks. Similarly, if you have an employee entirely engaged in the administration of a contract with the U.S. government to provide its essential services, no breaks of any kind are required. Care must be taken to identify the scope of the meaning of "essential services" in every instance.

Employer Responsibilities and Employee Rights

The employer is obligated to provide rest periods of not less than 10 minutes for each 4-hour work period. Shifts must be configured so that employees covered by this provision take a rest period of 10 consecutive minutes for every 4 hours or major portion of the first 4 hours of work and a second 10-minute rest period for each subsequent 4-hour work period.
Rest breaks must be counted as paid time and the employee is relieved of all work duties during those time periods.
Meal breaks of one-half hour are required, however: (1) where the work day is completed in less than 5 hours , there is no meal break requirement, (2) some "on-duty" meal periods may be counted as time worked, and (3) the meal break may not be waived by the employee.
Employers who violate Hawaii’s rest and meal period laws may be required to pay penalties for each violation. An offense occurs for each failure to provide a required rest or meal period. Thus, a workday that lacks two rest breaks and one meal break could expose an employer to three separate offenses and possibly three multiplication of $100.00 fines per day of violation.

Remedies for Break Violations

Employees who suspect their break rights have been violated should first consult with their immediate supervisor or human resources department in an attempt to resolve the issue. If the matter cannot be resolved internally, the employee can file a complaint with the local office of the federal Department of Labor’s Wage and Hour Division and/or the Hawaii State Department of Labor and Industrial Relations’ Wage Standards Division. Complaint forms and information on the types of violations that may be reported are available at these offices’ respective websites.
Employees may also pursue a private civil action for any alleged unpaid wages, including meal and rest periods. Prior to suing, though, the employee should engage the employer in dialogue to resolve the issue. Filing suit under Hawaii’s Whistleblower Protection Act (Hawaii Revised Statutes § 378-62) may also be an option if possible retaliation is an issue.

Updates and Changes

Over the past few decades, there have been a number of efforts to change labor laws concerning breaks. The most significant move came with the United States Department of Labor’s 2016 proposal for expanding overtime wages. While the proposal did not pass, it had a ripple effect on labor laws that required numerous businesses to reevaluate their break systems.
Another development that carries major implications can be found in the S. B. 1560 (SB1560). This bill recently amended Section 387-2 , Hawaii Revised Statutes (HRS) by adding subsection (c) which requires employers to "compensate employees who do not receive compliant rest or meal breaks for all compensable time worked as a penalty for violating the requirement."
The bill did not go without opposition. When it went to the House floor, Democrats opposed it for various reasons mostly relating to potential complications for small businesses. However, despite its controversies, SB1560 eventually passed on May 2, 2022. It will take effect January 1, 2024.
Fines and penalties for employers who violate this law are still to be determined. Additionally, it is still unclear how the amendment will be enforced.