Hawaii Rest Periods laws & HR compliance analysis

Hawaii Rest Periods: What you need to know

Federal wage and hour law does not mandate that employees be given either paid or unpaid rest or meal periods. Whether breaks are required is left up to the states. Hawaii has requirements for breaks for minors.
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U.S. Department of Labor Wage and Hour Division regulations do specify when provided work breaks, including meal periods, rest periods, and sleeping time, must be counted as work time subject to federal minimum wage and overtime requirements (29 CFR 785.18 through 785.23).
Employers must provide reasonable break time for an employee to express milk for a nursing child each time an employee has a need to express breast milk. The employer must provide a location, other than the bathroom, that is sanitary, shielded from view, and free from intrusion from coworkers and the public, which may be used by any employee to express breast milk. Covered employers must post a notice of these legal requirements in a conspicuous place, accessible to employees. The state will provide a notice form. Employers with fewer than 50 employees may be exempt from these requirements only if compliance would impose an undue hardship (HI Rev. Stat. Sec. 378).
Minors aged 14 and 15 may not work more than 5 hours continuously without an interval of at least 30 consecutive minutes for a rest or lunch period (HI Rev. Stat. Sec. 390-2). If the break is at least 30 minutes long, it does not have to be counted as paid work time.
Last reviewed on December 5, 2017.

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