Hawaii Overtime and Meal & Rest Break Laws for Nurses

Under sections 387-1 and 387-3 of the Hawaii Revised Statutes, overtime laws require employers to provide time and one-half pay for workers who are on the job greater than 40 hours per week. This code section is congruent with the federal Fair Labor Standards Act (FLSA) which requires the same mandatory overtime pay. Like the federal rules, Hawaii does not require overtime pay if an employee clocks longer than eight hours in one particular work day so long as the weekly total does not surpass 40 hours. Workweek is defined as seven consecutive days, including weekends. An important exemption exists in that these employment laws do not apply to those earning a guaranteed compensation of $2,000 or more per month.

There are no particular code sections pertaining to nurse meal and rest breaks under current Hawaiian legislation. In any situation in which state law does not address a particular labor or employment issue, the provisions contained within the FLSA control. Unfortunately, the FLSA does not recognize a requirement for compensable meal breaks nor are employers required to provide short rest breaks for employees. However, if an employer agrees to provide a short rest break for an employee, it must be compensable.
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