Kentucky lunch breaks bill gets facelift with amendment from Rep. Phillip Pratt (2024)

Kentucky lunch breaks bill gets facelift with amendment from Rep. Phillip Pratt (1)

FRANKFORT — A Kentucky lawmaker is walking back a proposal to eliminate workers’ rights to lunch and rest breaks after an outcry from labor groups and others.

Rep. Phillip Pratt, R-Georgetown, filed a floor amendment Monday to his House Bill 500, which as originally written would have repealed Kentucky laws requiring that workers get meal and rest breaks.

“I guess I was surprised by the outcry because actually my attempt was to simplify Kentucky labor law to make it so small businesses could keep from getting themselves in trouble,” Pratt told The Courier Journal.

Pratt said the original intent of the bill had been to “simplify the whole daggone system of Kentucky wage-and-hour law and federal wage-and-hour law.” He was concerned that small business owners face confusion over the differences between state and federal laws.

Kentucky lunch breaks bill gets facelift with amendment from Rep. Phillip Pratt (2)

Federal lawdoes not require employers to offer lunch or rest breaks,but Kentucky law requiresrest breaksof 10 minutes for every four hours worked and ameal breakof a “reasonable period” in the middle of a shift.

Pratt said that the new version of the bill actually strengthens workers’ rights because it requires employers to relieve workers from any work duties while taking a meal break and to pay workers if they end up having to eat while working.

"The floor amendment relieves all the anxiety over the removal of lunch breaks and the rest breaks. ...That was not our intent," Pratt said.

He said he'd received emails and phone calls from "concerned citizens."

Pratt said he is not certain when the bill could come up for a floor vote.

'We do recognize some positive movement'

Critics of the prior version of Pratt's bill welcomed the proposed changes but said they still have some concerns.

“I’m glad that the break language has been removed, but this bill still harms workers,” said Michelle Henry, an employment law attorney at Craig Henry PLC.

The bill would still eliminate overtime pay for work on a seventh day in a row, saidJason Bailey, executive director of the Kentucky Center for Economic Policy.

Pratt said Kentucky is currently one of only two states that require overtime pay for the seventh day of work, so he sees no problem with repealing that part of Kentucky law.

Democratic lawmakers and labor groups also criticized Pratt’s original bill because it opened the door for employers not to pay workers for travel time between worksites.

The new version addresses some of those concerns, but still leaves the door open for employees not to be paid for that time.

“Although there is new language about compensation for traveling between locations during the workday, the bill states that the employer ‘may’ not ‘shall’ be liable for wages during that period, which suggests that there are times when the employee will not get paid for that travel time,” Henry said.

Asked about that criticism, Pratt said his bill would simply codify a recent Kentucky Supreme Court ruling on this issue.

“At this time, with the current amendment, we do recognize some positive movement from Rep. Pratt,” said Dustin Reinstedler, president of the Kentucky State AFL-CIO.

However, Reinstedler is still concerned the bill would eliminate pay for workers while they are engaged in activities required for their jobs before and after they start working, such as putting on or taking off protective equipment.

Pratt said if his bill passes, it would use the same language for pay for such preliminary and "postliminary" activities as the main federal labor law, the Fair Labor Standards Act.

Reducing back pay and increasing lawsuits?

Henry, the Louisville employment law attorney, said the bill, if passed, would negatively impact people who have been underpaid, as well as the legal system as a whole.

The bill would change the statute of limitations for bringing employment lawsuits from five to three years. That means employers who underpay their employees would have to pay back lost wages for only three years instead of five, Henry said.

"It rewards employers who are able to hide their illegal pay practices for a few years by eliminating their liability for back pay and liquidated damages," Henry said.

That could drive up the number of lawsuits filed by employees who may have been underpaid, Henry said.

Attorneys will file lawsuits more quickly instead of first trying to negotiate a resolution with the employer, she predicted.

Reach Rebecca Grapevine at rgrapevine@courier-journal.com or follow her on X, formerly known as Twitter, at @RebGrapevine.

Kentucky lunch breaks bill gets facelift with amendment from Rep. Phillip Pratt (2024)

FAQs

Is Kentucky trying to take away lunch breaks? ›

The bill aims to: Eliminate required lunch breaks. Eliminate required rest breaks. Eliminate time-and-a-half overtime pay for working 7 days in a row.

Can I work 8 hours without a lunch break in Kentucky? ›

Employers in the state of Kentucky are legally required to provide a meal break of at least 20 minutes to their employees whose shift is at least 7.5 hours. This break must be provided to an employee between the 3rd and 5th hour of the workday, provided there's no mutual agreement stating otherwise.

What is the new labor bill in Kentucky? ›

House Bill 500 would repeal current state legislation that requires employers to allow workers a lunch break for every three to five hours of work completed. The bill, if it becomes law, would require employers to pay workers while they are eating instead of giving them a break.

How many breaks do you get in a 12 hour shift in Kentucky? ›

While Kentucky law does define what constitutes “reasonable,” it is commonly accepted to be an unpaid period of 30 minutes or more. Rest breaks are governed by KRS 337.365, under which an employer must provide employees with a paid 10-minute break every four hours of employment.

What is the Kentucky bill to get rid of breaks? ›

House Bill 500 would eliminate required lunch breaks, required rest periods, and time-and-a-half overtime pay for working seven days in a row. The bill would also decrease the statute of limitations for employment lawsuits from five to three years.

Can I work 5 hours without a lunch break in KY? ›

Kentucky employees are entitled to a "reasonable" off-duty period to eat a meal (the law doesn't specify how long this break must be). Employees may not be required to take this break before the third hour of work or after the fifth hour of work. The break must be close to the middle of the employee's shift.

What is the Republican bill for lunch breaks? ›

House Bill 500 would repeal current state legislation that requires employers to allow workers a lunch break for every three to five hours of work completed. The bill, if it becomes law, would require employers to pay workers while they are eating instead of giving them a break.

What is the shortest shift you can legally work? ›

Because a typical shift is 8 hours, in practice, the rule means that most shift workers must receive at least 4 hours pay if their employer uses a call-in scheduling system. But there is no minimum shift length. An employer can have shifts of only 1.5 hours.

Is it illegal to work 7 days in a row in Kentucky? ›

Following Kentucky's 7th Day Overtime Law, an employee may work consecutively for seven days in a workweek. In this case, on the seventh day, they are entitled to receive their regular pay at 1.5 times their usual hourly rate for all hours worked. Who is exempt from overtime pay in Kentucky?

What are Kentucky labor laws? ›

Kentucky law requires employers to pay workers at least twice per month. They must pay employees all earned wages no later than 18 days from the date the work was performed. If an employee is absent on the pay date, their pay becomes due within 6 days of requesting payment from their employer.

Does my employer have to pay me if I get COVID in Kentucky? ›

The Families First Coronavirus Response Act (FFCRA) requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19, and offers tax credits to employers to help cover the expense.

Is Kentucky a labor union state? ›

Many Southern states have long had right-to-work laws, with Kentucky being a notable pro-union holdout.

What is Bill 500 in Kentucky? ›

Rep. Phillip Pratt, R-Georgetown, filed a floor amendment Monday to his House Bill 500, which as originally written would have repealed Kentucky laws requiring that workers get meal and rest breaks.

How many days in a row can you work without a day off in Kentucky? ›

Normal Working Hours

Under the Kentucky state law, employers must provide employees with at least one day off in seven. Any employer who permits an employee to work seven (7) days in any one (1) workweek shall pay him at the rate of time and a half for the time worked on the seventh day.

Do you have to take a lunch in Kentucky? ›

Since a state law passed in 1974, businesses must provide a lunch break every three to five hours, but that right would be eliminated under HB 500. Instead, HB 500 says only that a worker required to keep working without a lunch break can't be denied pay if they juggle eating something while on the job.

How many breaks do you get in an 8 hour shift in Kentucky? ›

Kentucky's law on rest and meal breaks

State law also provides for rest breaks. Here, the law requires employers to provide 10-minute breaks for every four hours of work. This 10-minute break is compensated, so workers should be allowed to take it without their pay taking a hit.

Is Kentucky a right to work state? ›

Matt Bevin signed a bill on Jan. 7 making the Bluegrass State the 27th right-to-work state in the country. "Closed shops" that require union membership as a condition for being hired and for continued employment were outlawed under the Taft-Hartley Act in 1947. But "union shops" are still permissible under federal law.

How long is the average lunch break in the United States? ›

People generally take between 30 and 45 minutes for their lunch break. Some workplaces have cafeterias or lobbies where people can eat lunch at work. If you want to get to know fellow co-workers you can take advantage of these places in your office.

Does Kentucky have a use it or lose it vacation policy? ›

Therefore, an employer is not obligated to let employees roll over unused leave into the following year. Kentucky has no statute governing this policy. A Use-It-or-Lose-It vacation policy implies that an employer doesn't have to pay employees for unused vacation leave at the end of the year.

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