Break requirements under Hawaii labor laws can be easy to overlook, but they play a big role in keeping workplaces safe, respectful, and compliant.
This article explores Hawaii’s break laws, including rest and meal breaks, breastfeeding breaks, and minor employee protections. It also elaborates on the penalties for violating these laws.
This Article Covers
- Rest Breaks in Hawaii
- Meal Breaks in Hawaii
- Breastfeeding Breaks in Hawaii
- Breaks for Minor Employees in Hawaii
- Penalties for Violating Break Laws in Hawaii
Rest Breaks in Hawaii
Employers in Hawaii are not obligated to provide rest breaks to adult employees under state law. However, if an employer decides to give rest breaks lasting five to 20 minutes, they are counted as hours worked and are compensable.
Meal Breaks in Hawaii
Employers in Hawaii are not required to provide meal breaks to adult employees. However, if an employer provides a meal break, it can be unpaid if:
- The meal break lasts 30 minutes or more.
- The employee is completely relieved from all job duties during the break.
Breastfeeding Breaks in Hawaii
Breastfeeding Breaks Under Hawaii Break Laws
Employers must provide reasonable break time for nursing employees to pump breast milk for up to one year after childbirth, whenever required, under Hawaii break laws.
They must also provide a private space (not a restroom) that is shielded from view and free from intrusion for pumping at work.
Hawaii employers must also post a notice and keep employees informed about these rights.
Employers with fewer than 20 employees don’t have to follow breastfeeding break laws in Hawaii if they can prove it would cause undue hardship to their business operations.
Breastfeeding Breaks Under the FLSA
Employers covered by the federal Fair Labor Standards Act (FLSA) must provide nursing employees in Hawaii with reasonable time breaks to express breast milk for one year after the child’s birth, whenever required. Breastfeeding break time can be unpaid.
They must also provide a private space, shielded from public view, for this purpose. This place must not be a bathroom.
Any employer with fewer than 50 employees is not required to comply if following this break rule will cause undue hardship to their business.
Note: Since Hawaii’s break laws provide greater benefits to nursing employees than the FLSA, the state’s break law requirements will prevail.
Breaks for Minor Employees in Hawaii
Minor employees aged 14 and 15 must be given a 30-minute rest or meal break after five consecutive work hours, as per Hawaii’s child labor laws.
Minor employees can also not work more than three hours on any school day and more than eight hours on any non-school day.
Penalties for Violating Break Laws in Hawaii
If an employer in Hawaii fails to comply with breastfeeding break laws, the employee can file a lawsuit within two years of the violation. Employers can also face a $500 civil fine for each violation.
If an employer discriminates against a nursing employee for breastfeeding or pumping at work, the employee can file a complaint with the Hawaii Civil Rights Commission (HCRC). In such cases, the employer may be ordered to hire, reinstate, or promote the employee, provide back pay, and pay compensatory or punitive damages, along with reasonable attorney’s fees and costs.
If employers violate breastfeeding break laws under the FLSA, the employee can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. They can seek remedies such as employment, reinstatement, lost wages, and liquidated damages.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.