§387-3  Maximum hours.  (a)  No employershall, except as otherwise provided in this section, employ any employee for aworkweek longer than forty hours unless the employee receives overtimecompensation for the employee's employment in excess of the hours abovespecified at a rate not less than one and one-half times the regular rate atwhich the employee is employed.

For the purposes of this section,

(1)  "Salary" means a predetermined wage,exclusive of the reasonable cost of board, lodging, or other facilities, atwhich an employee is employed each pay period;

(2)  If an employee performs two or more differentkinds of work for the same employer, the total earnings for all such work forthe pay period shall be considered to have been earned for performing one kindof work.

(b)  The regular rate of an employee who isemployed on a salary shall be computed as follows:

(1)  If the employee is employed on a weekly salary,the weekly salary and the reasonable cost of board, lodging, or otherfacilities, if furnished to the employee, shall be divided by forty.

(2)  If the employee is employed on a biweekly salary,the biweekly salary and the reasonable cost of board, lodging, or otherfacilities, if furnished to the employee, shall be divided by two and the quotientdivided by forty.

(3)  If the employee is employed on a semi-monthlysalary, the semi-monthly salary and the reasonable cost of board, lodging, orother facilities, if furnished to the employee, shall be multiplied bytwenty-four, the product divided by fifty-two and the quotient divided byforty.

(4)  If the employee is employed on a monthly salary,the monthly salary and the reasonable cost of board, lodging, or otherfacilities if furnished to the employee, shall be multiplied by twelve, theproduct divided by fifty-two and the quotient divided by forty.

(c)  The regular rate of an employee who isemployed on a salary and in addition receives other wages such as, but notlimited to, commissions, bonus, piecework pay, and hourly or daily pay shall becomputed in the manner provided in this subsection.  As used hereinabove, theterm "other wages" shall not include the reasonable cost of board,lodging, or other facilities.

(1)  If the employee's salary and the reasonable costof board, lodging, or other facilities, if furnished to the employee, equal orexceed fifty per cent of the employee's total earnings for the pay period, thetotal earnings shall be reduced to a regular rate in the manner provided inparagraph (1), (2), (3), or (4) of subsection (b), whichever is applicable.

(2)  If the employee's salary and the reasonable costof board, lodging, or other facilities, if furnished to the employee, are lessthan fifty per cent of the employee's total earnings for the pay period, thetotal earnings shall be reduced to a regular rate in the manner provided inparagraph (1), (2), (3), or (4) of subsection (b), whichever is applicable,except that the actual number of hours worked in the workweek shall besubstituted for the final divisor of forty.  Such an employee shall receiveovertime compensation for employment in excess of forty hours in a workweek ata rate not less than one-half times the employee's regular rate.

(d)  The regular rate of an employee whosecompensation is based on other than salary shall be computed in the mannerprovided in paragraph (2) of subsection (c).  The reasonable cost of board,lodging, or other facilities, if furnished to the employee, shall be includedin computing the employee's regular rate.  Such an employee shall receiveovertime compensation for such employment in excess of forty hours in aworkweek at a rate not less than one-half times the employee's regular rate.

(e)  An employer,

(1)  Who is engaged in agriculture and in the firstprocessing of milk, buttermilk, whey, skim milk, or cream into dairy products,or in the processing of sugar cane molasses or sugar cane into sugar (but notrefined sugar) or into syrup, or in the first processing of or in canning orpacking any agricultural or horticultural commodity, or in handling,slaughtering, or dressing poultry or livestock; or

(2)  Who is engaged in agriculture and whoseagricultural products are processed by an employer who is engaged in a seasonalpursuit or in processing, canning, or packing operations referred to inparagraph (1); or

(3)  Who is at any place of employment engagedprimarily in the first processing of, or in canning or packing seasonal freshfruits;

shall not be required to pay overtime compensationfor hours in excess of forty in a workweek to any of the employer's employeesduring any of twenty different workweeks, as selected by the employer, in anyyearly period commencing July 1, for employment in any place where theemployer is so engaged.  The employer, however, shall pay overtime compensationfor such employment in excess of forty-eight hours in any such exempt workweekat the rate and in the manner provided in subsections (a), (b), (c) and (d),whichever is applicable, except that the word "forty-eight" shall besubstituted for the word "forty" wherever it appears in subsections(b), (c), and (d).

(f)  No employer shall employ any employee insplit shifts unless all of the shifts within a period of twenty-four hours fallwithin a period of fourteen consecutive hours, except in case of extraordinaryemergency.

(g)  This section shall not apply to anyovertime hours worked by an employee of an air carrier subject to Title II ofthe Railway Labor Act, 45 U.S.C. section 181 et seq.; provided such overtimehours are the result of a voluntary agreement between employees to exchangework time or days off. [L Sp 1941, c 66, pt of §4; RL 1945, §4354; RL 1955,§94-4; am L 1957, c 256, §2; am L 1959, c 32, §§1, 2; am L 1962, c 19, §3; am L1965, c 85, §1; HRS §387-3; gen ch 1985; am L 1998, c 158, §2]

 

Case Notes

 

  Federal Motor Carrier Act does not preempt this section.  833F.2d 809.

  Cited:  178 F.2d 603, 605.