§80-4 Hours of work of officers and employees; compensation for overtime and premium pay. (a) The provisions of this section shall apply to:

(1) Every officer or employee of the State or any of its political subdivisions, or of any department, board, commission, or other agency of the State or any of its political subdivisions, where pay is established by chapter 77, except:

(A) Elected officials;

(B) The head of any department, first deputy or first assistant; and

(2) Students employed by the State or any of its political subdivisions or any department, board, commission, or other agency of the State or any of its political subdivisions, during the students' summer vacation and on an exempt service basis pursuant to applicable regulations of the department of [human resources development].

(b) Except as otherwise provided in this section the normal workweek of all government personnel shall be forty hours with not more than eight hours of work in any day. The normal workweek shall be applicable to all personnel, irrespective of whether their work is performed during the hours specified in section 80-1.

For pay and leave purposes, if a legal holiday falls on a:

(1) Saturday and the preceding Friday is observed as a holiday pursuant to section 8-2:

(A) For employees whose regular workweek does not include Saturday the workday preceding Saturday shall be held and considered to be a legal holiday in lieu of the holiday which so occurs on the Saturday;

(B) For employees whose regular workweek includes Saturday, the holiday shall be observed on Saturday, but not on Friday;

(2) Saturday and the preceding Friday is not observed as a holiday, employees whose regular workweek includes Saturday shall be entitled to observe the holiday;

(3) Sunday and the following Monday is observed as a holiday pursuant to section 8-2:

(A) For employees whose regular workweek does not include Sunday, the next regular workday following Sunday shall be held and considered a legal holiday, in lieu of the holiday which so occurs on Sunday;

(B) For employees whose regular workweek includes Sunday, the holiday shall be observed on Sunday, but not on Monday;

(4) Regular weekly nonworkday of any employee whose regular workweek is other than Monday-Friday, the next workday following the regular weekly nonworkday shall be held and considered to be a legal holiday for the employee in lieu of the holiday which so occurs on the regular weekly nonworkday.

(c) The limitation of eight hours of work a day or forty hours a week may be waived for the convenience of employees by an agreement between a majority of a group of officers or employees and the head of that agency in which they are employed. The agreement shall be canceled or amended whenever a majority of the group wish to cancel or amend it.

(d) The hours of work and compensation of the firefighting members of the fire departments of the political subdivisions of the State shall be governed by the following provisions:

(1) The maximum number of hours of work shall be an average of sixty-three hours of actual service which shall constitute an average workweek and which shall be scheduled and computed on the basis of an eight-week cycle; provided that for firefighting members of the fire department who are required to work under unique and unusual situations, in a county with a population of one hundred thousand or less, the maximum number of hours may be reduced by the fire chief with the approval of the mayor;

(2) The number of hours of each day's work shall be fixed from time to time by the head of the department; and

(3) Notwithstanding any other law to the contrary, if any firefighting member of the fire departments of the political subdivisions of the State is required to report for duty on any state holiday designated by section 8-1, the firefighting member shall receive in lieu of the firefighting member's straight time pay, payment in cash at the rate of two times the firefighting member's regular rate of pay for all hours of duty. The double time payment shall be in lieu of and not be in addition to the firefighting member's regular straight time pay.

(e) Employees shall be paid for all hours worked in excess of the foregoing limitations in cash at the rate of one and one-half hours for each hour of overtime worked.

(f) If compensation for overtime worked is due an officer or employee at the time of severance, it shall be paid in cash.

(g) Any work performed in a spread of more than ten hours per day, exclusive of meal periods, shall be considered as overtime work and the employee shall be paid for the work at the rate of time and one-half.

(h) Whenever an employee is required to report to work because of an emergency outside of the employee's regular scheduled working hours, the employee shall be paid for a minimum of two hours of work, calculated from the time the employee leaves the employee's home until the employee returns from work.

(i) Whenever an employee is required, with less than forty-eight hours advance notice, to report for work on a shift other than the shift for which the employee was officially scheduled, the employee shall be credited for overtime work for each hour of work performed on the first workday of such new shift.

(j) The provisions of this section in regard to payment in cash shall be applicable in all cases except where the employee who has performed the overtime work elects, in writing, to take compensatory time off in lieu of cash. The employee shall receive as compensatory time off one and one-half hours for each hour of overtime worked. The compensatory time off shall be scheduled by mutual agreement of the affected employee and the employee's appointing authority. All cash payments shall be made within forty-five days after the overtime work is performed.

(k) An employee who, by agreement with the head of the employee's department, performs stand-by or emergency service in excess of the employee's normal hours of work in exchange for accommodations provided the employee for the convenience of the government, shall not be entitled to overtime credit for such service except for emergency service rendered on the employee's scheduled day off.

(l) The department of human resources development of the State and the departments of civil service in the political subdivisions of the State shall each be responsible for the proper administration of the provisions of this section in the respective jurisdictions. Rules for the proper administration and regulation of hours of work and overtime compensation of officers and employees of the State and its municipal subdivisions shall be adopted by the respective personnel directors of the State and its municipal subdivisions, subject to the approval of the governor for the state rules, the mayor of the city and county of Honolulu for the rules of the city and county, and the chief executive officer for the rules of each of the counties of Hawaii, Kauai, and Maui. The rules shall obtain, so far as possible, uniformity and practicability in the application of this section.

(m) In operating units rendering public service twenty-four hours per day and seven days per week, whenever an employee whose work is subject to shifts is required to render full-time service for more than six consecutive days, the employee shall be entitled to overtime for each hour of work performed on the seventh day unless after the lapse of twenty-four nonwork hours. [L Sp 1949, c 36, §§1, 2; RL 1955, §5-72; am L 1959, c 238, §§1, 2; am L Sp 1959 1st, c 7, §1; am L 1961, c 68, §1 and c 164, §1; am L 1963, c 152, §1 and c 156, §1; am L 1964, c 16, §2; am L 1965, c 80, §1 and c 256, §1; am L 1966, c 40, §§2, 3; am L 1967, c 97, §1, c 202, §1, and c 224, §1; HRS §80-4; am L 1969, c 190, §§1, 2; am L 1970, c 70, §1 and c 213, §1; am L 1971, c 88, §1; am L 1976, c 145, §1; am L 1981, c 101, §1; gen ch 1985; am L 1987, c 283, §11; am L 1988, c 303, §2; am L 1994, c 56, §12]