" (f) No employer shall employ any employee in split shifts unless all of the shifts within a period of twenty-four hours fall within a period of fourteen consecutive hours, except in case of extraordinary emergency." (Section 387-3(f), HRS)
24 hour period begins with first shift
The request asked for a clarification on whether the twenty-four hour period referred to a 24 hour single working day or a rolling 24 hour period. The answer to the question phrased in those terms is a "rolling" 24 hour period that begins with the beginning of the first shift and ends 24 hours later. For example, if the first shift begins at 8 a.m. on Monday, the 24 hour period ends at 7:59 a.m. on Tuesday.
All shifts begin and end within 14 consecutive hours
All split shifts in a 24 hour period must start and end within the 14 consecutive hour period. The 14 hour period begins with the start of the first shift and coincides with the 24 hour period. All shifts must end within the 14 consecutive hour period. Merely scheduling the start of a second shift within the 14 consecutive hours would not be in compliance. For example, if the first shift is from 8 a.m. to 1 p.m. and the second shift is from 6 p.m to 9 p.m. the arrangement would be in compliance with the split shift law because there is only 13 hours from the beginning of the first shift to the end of the second shift. If this example were modified so the second shift ended later than 10 p.m., or more than 14 hours after the beginning of the first shift, the employer would be in violation of the split shift law.
No split shift premium required
Hawaii law requires employers to pay at least minimum wage for the hours worked. If the split shifts are 8 a.m. to 1 p.m. and 6 p.m. to 9 p.m., wages are due for 8 hours of work. There is no split shift premium required by law.
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