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State AFL-CIO, KCEP, concerned about HB 255, seek meeting with Rep. Philip Pratt, sponsor

Berry Craig
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Dear Executive Board and COPE, please see attached joint letter to Representative Pratt expressing our opinion of his child labor Bill.  Representative Pratt has also filed https://apps.legislature.ky.gov/record/24rs/hb465.html and https://apps.legislature.ky.gov/record/24rs/hb500.html.  Please feel free to share this letter with anyone who shares our opinion and who would contact Representative Pratt or any other Kentucky legislator to voice an opinion.  

 

Dear Representative Pratt,

 

We are writing to express our concern about the implications of House Bill 255 for the wellbeing of our kids, and our existing workforce’s paychecks. Please see the attached letter. We would like the opportunity to meet with you to discuss our concerns about this legislation in more detail if you are willing.

 

Thank you,

Dustin

 

Dear Representative Pratt,

We are writing to express concerns about the impacts of House Bill 255 on Kentucky’s children and our workforce. It would eliminate already generous guardrails on the hours and days of the week 16 and 17-year-old kids may work. We are concerned that such changes could easily harm student success in school, reduce college or career readiness, and even expand the number of student drop-outs. It could also increase workplace injuries and undermine job opportunities for adults by incentivizing greater employer reliance on child labor.

Eliminating the ability of the state to establish protections above the minimal federal requirements will prohibit the Education and Labor Cabinet from repromulgating Section 3 (2) of 803 KAR 1:100 after that administrative regulation expires later this year. That section includes already broad standards on the hours and times that 16 and 17-year olds can work. This change would have the following effects for these children:

  • Allow unlimited hours of work per day, even on school days and perhaps even during hours school is in session. Under the current regulations, these kids can already work up to 6 hours on school days and 6.5 with parental permission, and up to 8 hours a day on weekends. Additionally, the current regulations protect against 16 and 17 year-olds from being employed during the school day. 
  • Allow unlimited hours of work per week even while school is in session. Currently, they are permitted to work up to a generous 30 hours a week, 32.5 hours with parental permission, and 40 hours a week with parental permission and a 2.0 grade point average.
  • Allow kids to work late at night and even third shift or overnight. Currently, work hours on school days are between 6 a. m. and 10:30 p.m., or 11:00 p.m. with parental permission, and as late as 1:00 am on days not preceding a school day.

We know that helping kids become ready for careers or for college through high school is essential to their success in life. The existing child labor standards are evidence-based, and it is hard to see how allowing additional hours and days of work will not impinge on success in preparing for postsecondary education or vocational pathways to good jobs following high school. Already, there are 19,000 Kentucky kids ages 16-19 who are not in school or working, and we are concerned that this bill could exacerbate that problem, threatening the progress Kentucky has made in graduation rates in recent decades. Research shows that “teenagers who spent long hours in jobs were more likely to drop out of high school than those who worked moderate hours or did not work at all.”

In addition, we are concerned that these additional hours could harm children and fellow workers by increasing the likelihood of workplace injuries. Kids need more sleep because their minds and bodies are still growing, and young workers are less experienced with the equipment and processes involved in any workplace. Allowing additional hours of week on top of school hours, and work through the night, will increase the likelihood of workplace injury for these kids and put their fellow workers at additional risk. 

Finally, the bill could incentivize employers to rely more on child labor at the expense of adult employees who rely on their wages from these jobs to make family ends meet. The result could be depressed wages and fewer job opportunities in industries like restaurants and retail that employ many thousands of adult workers across the commonwealth.

We are happy to meet with you to discuss these concerns directly, and hope that the goals of this legislation can be met without weakening child labor standards that are important to the wellbeing of Kentucky’s kids, and our existing workforce’s paychecks. We have included Section 3 (2) of 893 KAR 1:100 for your reference.

Thank you for your consideration,

Kentucky Center for Economic Policy
Kentucky AFL-CIO

803 KAR 1:100

Section 3. Employment of Minors Between Sixteen (16) and Eighteen (18) Years of Age. 

...

(2) Employment in any occupation, not prohibited by subsection (1) of this section, shall be confined to the following periods: 

(a) Not more than thirty (30) hours in any one (1) work week when school is in session, except that a minor may work up to thirty-two and one-half (32.5) hours in any one (1) work week if a parent or legal guardian gives permission in writing in accordance with paragraph (c) of this subsection and up to forty (40) hours in any one (1) work week if a parent or legal guardian gives permission in writing, and the principal or head of the school the minor attends certifies in writing that the minor has maintained at least a 2.0 grade point average in the most recent grading period. School certification shall be valid for one (1) year unless revoked sooner by the school authority. The parental or guardian permission and school certification shall remain at the employer's place of business; 

(b) Not more than six (6) hours in any one (1) school day, nor more than eight (8) hours in any one (1) non-school day when school is in session, except that a minor may work up to six and one-half (6.5) hours in any one (1) school day if a parent or guardian gives permission in writing in accordance with paragraph (c) of this subsection; 

(c) Between 6 a.m. and 10:30 p.m. on days preceding a school day, except that a minor may be employed until 11:00 p.m. on days preceding a school day if a parent or legal guardian gives permission in writing. The parental or guardian permission shall remain at the employer's place of business; and 

(d) Between 6 a.m. and 1 a.m. on days preceding a non-school day when school is in session.