STAND. COM. REP. NO. 480-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2171
                                     H.D. 1
                                     



Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Labor and Public Employment, to which was
referred H.B. No. 2171 entitled: 

     "A BILL FOR AN ACT RELATING TO MEAL BREAKS,"

begs leave to report as follows:

     The purpose of this bill is to ensure that employees who
work more than five consecutive hours are provided with a half-
hour rest or meal period or its equivalent in overtime pay.

     Hawaii Mother's Milk, Inc., Healthy Mothers Healthy Babies
Coalition of Hawaii, Mothers Care for Tomorrow's Children, the
Hawaii State AFL-CIO, and concerned individuals testified in
support of this bill.  ILWU Local 142 supported the concept of
the bill but suggested amendments.  The Department of Labor and
Industrial Relations supported the intent of the bill but had
concerns about its coverage and remedies.  The Chamber of
Commerce of Hawaii, the Hawaii Business League, the Hawaii Hotel
Association, the Hawaii Chapter of the Society of Human Resource
Development, and Shriners Hospital for Children testified in
opposition to this bill.

     Your Committee notes that last year, the Legislature enacted
a law that allowed mothers to breast feed their infants during
their breaks.  However, current law does not require employee
breaks.  This bill corrects that situation and provides breaks,
with some exceptions, to all employees.


 
 
 
                                 STAND. COM. REP. NO. 480-00
                                 Page 2

 
     Your Committee recognizes that a vast majority of employers
do provide breaks for their employees. 

     Upon further consideration, your Committee has amended this
bill by:

     (1)  Increasing the minimum hours of work from five to six
          hours before requiring a break;

     (2)  Giving the option of a thirty consecutive minutes break
          or two breaks of fifteen consecutive minutes each;

     (3)  Allowing an exception where collective bargaining
          agreements or company policy provides express
          provisions for breaks;

     (4)  Deleting the employee's choice between taking a break
          or taking overtime pay for work done during the break;
 
     (5)  Exempting employees who provide health, transportation,
          or public safety services from the break requirements;
          and 

     (6)  Making technical, nonsubstantive changes for purposes
          of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your
Committee on Labor and Public Employment that is attached to this
report, your Committee is in accord with the intent and purpose
of H.B. No. 2171, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as H.B. No. 2171, H.D.
1, and be referred to the Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Labor and Public
                                   Employment,



                                   ______________________________
                                   TERRY NUI YOSHINAGA, Chair