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2026 Break Penalty Compliance Guide

Hawaii Meal & Rest Break Laws & Penalty Pay

Statutory 30-minute off-duty meal period thresholds, paid 10-minute rest breaks, 1-hour penalty pay rules, and lactation accommodations under HRS § 387-2.

State Citation: HRS § 387-2
Daily OT Threshold: Weekly > 40h
FLSA Rest Code: 29 CFR § 785.18

30-Minute Meal Period Requirements in Hawaii

Under statutory labor laws in Hawaii, employees working shifts exceeding 5 consecutive hours are generally entitled to an uninterrupted, off-duty meal period of at least 30 minutes.

Off-Duty Meal Requirement

Employee must be completely relieved of all work duties during the 30-minute period.

Paid Rest Breaks (10 Mins)

Under FLSA 29 CFR § 785.18, short rest periods (5 to 20 mins) must be counted as paid work time.

Missed Break Penalty Pay & Employer Liability

If an employer in Hawaii fails to provide a compliant meal or rest break, statutory penalties apply:

  • ⚠️ 1-Hour Premium Pay Penalty: Employers must pay 1 additional hour of pay at the employee's regular rate for each workday a meal or rest period is violated.
  • On-Duty Meal Agreements: Permitted only in rare circumstances where the nature of work prevents an off-duty meal, requiring written employer agreement.
  • Lactation Accommodations: Reasonable break time and private, non-restroom spaces must be provided for nursing mothers under federal PUMP Act & state laws.
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