Hawaii Expands Protections for Nursing Mothers

Authors: Melissa Burdorf and Marta Moakley, XpertHR Legal Editors

July 18, 2013

Effective July 1, 2013, Hawaii employers with one or more employees must allow an employee to take a "reasonable" break(s) in order to express breast milk for a nursing child for up to one year after the child's birth. The break does not need to be during the employee's meal period or other legally required break period. 2013 Bill Text HI S.B. 532. Because employees of private employers, state agencies and the state's political subdivisions are covered by the law, all Hawaii employers should take the necessary steps to ensure compliance with the law and avoid civil fines.

To comply with this law an employer should:

• Provide reasonable break time for an employee to express milk for the employee's nursing child for one year after the child's birth;
• Provide a private space (other than a restroom stall) where the public and co-workers cannot enter for such activity;
• Conspicuously post a notice in the workplace advising employees about the law's protections and obligations; and
• Use other appropriate means to keep employees informed of the law.

Because Hawaii's Civil Rights Commission has not decided whether to create a model notice, employers should seek the advice of counsel to determine the best way to provide such a notice. In addition, employers should note that the term other appropriate means is not defined under the law. This may consist of posting on the employer's intranet site or passing out a copy of the law to employees.

An employer with fewer than 20 employees may be excused from this law's requirements if the employer can show that the law would impose an undue hardship (i.e., significant difficulty or expense) on the employer's business.

The law provides employees with the ability to file a lawsuit to seek monetary damages and attorney fees for an employer's violations. Noncompliant employers may also be subject to a civil fine of $500 per violation.