LOUISVILLE, Ky. — A bill that would make sweeping changes to Kentucky’s labor laws could soon be passed by the state House, after easily clearing committee last week.
State Rep. Phillip Pratt, R-Georgetown, says House Bill 500 is focused on bringing Kentucky’s labor laws more in line with federal law, something he adds will benefit employers.
“So basically what this does, this moves us right almost equal to the federal labor standards so that we actually can navigate this system a whole lot easier,” Pratt said during a committee meeting last week.
If passed, the bill would make several changes. This includes eliminating required 10 minute paid breaks and 30 minute unpaid breaks for adult workers.
“Now don’t get me wrong, if you want to offer an employee a ten-minute break period, you still can,” Pratt said. “It just not required, and we and just a handful of states (that) still do that.”
Pratt’s bill also changes when time and a half should be paid. Currently, it is on the seventh consecutive workday. This bill would have that kick in after 40 hours are worked, regardless of how many days it takes.
The bill also says employees would not be forced to work through an unpaid lunch.
Federal labor law, which supersedes state law, already addresses this concern. The Fair Labor Standards Act states, “These are rest periods. The employee must be completely relieved from duty for the purposes of eating regular meals. Ordinarily 30 minutes or more is long enough for a bona fide meal period.”
“(House Bill 500) actually says if you get a 30 minute lunch break unpaid, then you actually must be relieved from your position,” Pratt said.
Other sections of the bill state workers would not be paid for driving a company vehicle to and from work, and lowers the statute of limitation time frame for labor law violations from five years to three.
Labor groups from across the state have voiced concerns about this bill, including the Greater Louisville Central Labor Council (GLCLC), which serves as a local extension of the Kentucky American Federation of Labor and Congress of Industrial Organizations.
“There’s a lot that goes into this bill,” Tim Morris, executive director of GLCLC said. “None of it is good for Kentucky workers.”
Morris worries about the potential impacts of eliminating mandatory breaks could have, especially for most Kentuckians who are non-union.
“Folks over at Ford are industrial athletes, and I can tell you and they would tell you that if they don’t have a rest break and lunch break, then it makes it that much harder to be able to stay on the floor doing your job,” Morris said.
He adds should this bill pass, there could be an increase in unionization among workers.
“We have a saying in unions that if it’s not in black and white and in a union contract, then you’re not going to get it,” Morris said.
Kentucky AFL-CIO has called on its members to contact their lawmakers and urge them to vote against the bill.
Opponents believe HB 500 erodes worker protections and standards that have been in place for several decades.
“Generally, House Bill 500 would eliminate breaks overall as payable hours for all Kentucky employees. Pay breaks and mealtimes are essential workplace standards that contribute to the mental and physical well-being of each and every employee we have in this Commonwealth,” Duane Hammonds, Kentucky Division of Wages and Hours Director said.
During last week’s committee meeting, State Rep. Rachel Roberts, D-Newport, asked if Pratt seeks to personally benefit from the measure. Pratt is the owner of a landscaping business and is not seeking reelection.
“I did it because of businesses in Kentucky to help them. Not myself,” Pratt stated.
When asked by reporters which businesses came to him and asked for the changes included in this bill, Pratt declined to share their names publicly.
HB 500 could be taken up for a vote on the House floor as early as this week