Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor and Public Employment, to which was referred H.B. No. 29 entitled:

begs leave to report as follows:

The purpose of this bill is to require employers to provide at least a half-hour rest or meal period, or its equivalent in overtime pay, to employees who work more than five consecutive hours.

The Department of Public Safety, Hawaii Civil Rights Commission, and Hawaii State AFL-CIO testified in support of this measure. The Hawaii Business League, Society of Human Resource Management, Covanta Energy Group, and Retail Merchants of Hawaii testified in opposition to this measure.

Act 172, Session Laws of Hawaii 1999, protected an employee's ability to express breastmilk during any meal period or other break period required by law or provision of a collective bargaining agreement.

However, Act 172 only protects women who express breastmilk during breaks required by law or by collective bargaining agreements. Currently, State law does not require employers to provide any breaks. Because of this, the possibility exists for discrimination to occur against an employee who wishes to express breastmilk during a break that is provided voluntarily by the employer.

From the larger policy perspective, your Committee firmly believes that any employee who works eight hours or more consecutively should be provided a meal break. Not only will this promote the efficiency and effectiveness of employees, but more importantly will reduce the incidence of worker injuries and enhance workers' morale.

Nevertheless, your Committee recognizes that most, if not all, employers voluntarily provide meal breaks to their employees, and many make arrangements with their employees to implement the break at the start of or at the end of the employee's work shift. Your Committee does not wish to restrict in any way an employer from making these types of arrangements with an employee. However, it is in the public interest to establish an employee's right to a meal break if the employee works eight or more hours consecutively, and this right should be protected under State law.

Accordingly, your Committee has amended this bill by:

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. 29, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 29, H.D. 1, and be referred to the Committee on Finance.