Proposed law would require meal breaks

By Gordon Y.K. Pang
Advertiser Capitol Bureau

Been getting hungry busing trays, pounding that report out for the boss, rolling sushi or working the cash register for more than five hours at a time?

State Rep. Roy Takumi, D-36th (Pearl City, Palisades), has the bill for you.

House Bill No. 29 would require employers to provide a 30-minute meal break to employees who work a full day, or pay overtime for work during the break period.

"Employees who must work a full day or eight-hour shift or more, regardless of age or sex, should not be denied a reasonable period of time to rest and consume a meal," according to the bill.

"You hear anecdotally of people who are working that couldn't take a meal break, and it's common," Takumi said.

Most union contracts contain clauses that require meal breaks, and most employers have such policies. But some non-unionized workers, such as in the hotel, restaurant and retail industries, may not have that right.

Similar laws exist in California, Oregon, Washington and other states, Takumi noted.

The bill would exempt employees covered by a collective bargaining agreement that "expressly provides the employee a choice between accepting the break or overtime pay for work performed during the break."

Takumi said he understands certain jobs require an employee's undivided attention for more than five hours at a stretch, such as operating buses, aircraft or other vehicles.

The bill has been introduced before, but failed to make it out of committee.

"I just want to keep raising the issue and see where it goes," Takumi said. "I do believe that anyone who is working on the job should be able to know if and when they can have a meal break."

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or at 525-8070.