CONFERENCE COMMITTEE REP. NO. 151

Honolulu, Hawaii

, 2005

RE: S.B. No. 55

S.D. 1

H.D. 2

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 55, S.D. 1, H.D. 2, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to ensure that employees who work for five or more continuous hours are provided a rest or meal break, except in certain cases.

Pursuant to Act 172, Session Laws of Hawaii (SLH) 1999, the Legislature provided for the right of employees to express breastmilk during a meal period or other break. Specifically, Act 172, SLH 1999, provided that an employee could not be prohibited from expressing breastmilk during any meal or other break required by law. However, neither federal nor state wage and hour laws currently require an employer to provide employees over the age of sixteen a meal period, irrespective of the number of consecutive hours employees may work. Therefore, although it is common business practice for employers to provide their employees with meal breaks, employees in Hawaii have no statutory right to meal breaks.

Therefore, employees who work more than five consecutive hours should be provided at least a thirty-minute meal break, which will safeguard the health and safety of employees, promote work efficiency and productivity, and permit employees to express breastmilk during any meal break. Furthermore, employers should retain control over the utilization of meal breaks in order to provide for continued service and operations throughout the work day and to ensure the welfare of their businesses.

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

(1) Clarifying that an employer may choose the time for the rest or meal break during the employee's work day;

(2) Clarifying that if an employee waives a rest or meal break, the employee's work day may only be shortened upon the employer's consent;

(3) Changing the effective date of the Act from July 1, 2010 to effective upon its approval; and

(4) Making a technical, nonsubstantive amendment for purposes of clarity and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 55, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 55, S.D. 1, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

Kirk Caldwell, Co-Chair

____________________________

Brian Kanno, Chair

____________________________

Dwight Takamine, Co-Chair

____________________________

Shan S. Tsutsui, Co-Chair