Labor, business spat over giving workers 10-minute breaks
By JOHN HARRINGTON - IR Business Editor - 02/08/07
Should state law require that workers be allowed to take breaks during their shift? Labor said yes, and business groups said no during a hearing at the Capitol Wednesday morning.
A bill sponsored by Rep. Ken Peterson, R-Billings, would require employers to allow workers at least a 10-minute break for each four hours they work.
Peterson said he brought the bill after a constituent in the fast-food industry complained that he was denied any breaks on his shift, while colleagues who smoke were allowed to take cigarette breaks.
“A 10-minute rest every four hours seems reasonable to me,” Peterson told the House Business & Labor Committee. He said that mandating breaks would be good for morale of Montana’s workforce.
The bill earned the support of organized labor, even though its passage wouldn’t alter the terms of any collective bargaining agreements already in place.
Don Judge, representing Teamsters Local 190, said that the question of breaks was one of the most common he heard in two decades working for the AFL-CIO. “Every day we got at least one phone call saying, ‘Doesn’t the law allow us to take a break?’” he said. “We think this is a good baby step to take.”
The bill also had the backing of the Montana State AFL-CIO and the Montana Trial Lawyers Association.
Opponents of the measure said most employers in the state already provide adequate breaks for their workers, and that mandating breaks will simply add layers of recordkeeping to the process.
“We don’t say that employees don’t need a rest break,” said Jason Todhunter of the Montana Logging Association. “But to put this in the statute is going to cause our guys to add another piece of paperwork. We don’t think breaks are a bad idea, but making it state law is going too far.”
Other business groups also opposed the bill.
“I can see why the trial lawyers are supporting it, because this bill in my opinion opens the door to a lot of litigation,” said Bruce Spencer, representing the Montana Automobile Dealers Association. He said language in the bill that calls for breaks “whenever feasible” and rest periods must be accommodated “within the reasonable flow of work” invites lawsuits due to ambiguity.
The committee took no action on the bill, which is H.B. 530.
John Harrington can be reached at 447-4080 or john.harrington@helenair.com.
A bill sponsored by Rep. Ken Peterson, R-Billings, would require employers to allow workers at least a 10-minute break for each four hours they work.
Peterson said he brought the bill after a constituent in the fast-food industry complained that he was denied any breaks on his shift, while colleagues who smoke were allowed to take cigarette breaks.
“A 10-minute rest every four hours seems reasonable to me,” Peterson told the House Business & Labor Committee. He said that mandating breaks would be good for morale of Montana’s workforce.
The bill earned the support of organized labor, even though its passage wouldn’t alter the terms of any collective bargaining agreements already in place.
Don Judge, representing Teamsters Local 190, said that the question of breaks was one of the most common he heard in two decades working for the AFL-CIO. “Every day we got at least one phone call saying, ‘Doesn’t the law allow us to take a break?’” he said. “We think this is a good baby step to take.”
The bill also had the backing of the Montana State AFL-CIO and the Montana Trial Lawyers Association.
Opponents of the measure said most employers in the state already provide adequate breaks for their workers, and that mandating breaks will simply add layers of recordkeeping to the process.
“We don’t say that employees don’t need a rest break,” said Jason Todhunter of the Montana Logging Association. “But to put this in the statute is going to cause our guys to add another piece of paperwork. We don’t think breaks are a bad idea, but making it state law is going too far.”
Other business groups also opposed the bill.
“I can see why the trial lawyers are supporting it, because this bill in my opinion opens the door to a lot of litigation,” said Bruce Spencer, representing the Montana Automobile Dealers Association. He said language in the bill that calls for breaks “whenever feasible” and rest periods must be accommodated “within the reasonable flow of work” invites lawsuits due to ambiguity.
The committee took no action on the bill, which is H.B. 530.
John Harrington can be reached at 447-4080 or john.harrington@helenair.com.
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