Maximum Hours Law Summaries
Kentucky, Maximum Hours Law Summaries
Kentucky has maximum hours provisions for minors and motor carriers (Kentucky Revised Statutes, Title XXVII, Chapter 339 (for full text, see Wages-Hours ¶18-44,221); and Title XXIV, Chapter 281 (for full text, see Wages-Hours ¶18-44,211), respectively).
WHAT THE EMPLOYER MUST DO
Child labor.- For a complete summary of Kentucky's child labor law, see ¶18-1500.
A minor who has passed his or her fourteenth birthday but is under 18 may not be employed more than the number of days per week, nor more than the number of hours per day that the Commissioner of Workplace Standards determines to be injurious to the life, health, safety or welfare of the minor (Sec. 339.230, as amended by Ch. 154 (S. 139), L. 1998).
Drivers and chauffeurs.- A motor carrier may not require or permit any driver or chauffeur operating a motor vehicle for hire under a certificate or permit to remain continuously on duty for a longer period than 12 hours, and when any driver or chauffeur has been continuously on duty for 12 hours, the person must have at least eight consecutive hours off duty. Also, a motor carrier may not require or permit any driver or chauffeur to remain on duty for a longer period than 16 hours in the aggregate in any 24-hour period, and when a driver or chauffeur has been on duty 16 hours in the aggregate in any 24-hour period, the person must have at least 10 consecutive hours off duty (Sec. 281.730, as amended by Ch. 256, L. 1996).
The required period of release from duty must be given at places and under circumstances that allow rest and relaxation from the strain of the duties of the employment. A period off duty will not be deemed to break the continuity of service unless it is for at least three consecutive hours and is given at a place and under circumstances that allow such rest and relaxation obtained (Sec. 281.730, as amended by Ch. 256, L. 1996).
In case of an unforeseen emergency not resulting from the negligence of the carrier or its agents, servants or employees, the driver or chauffeur may complete a run or tour of duty, if the run or tour of duty but for the delay caused by the emergency could reasonably have been completed without a violation of the maximum hours provisions (Sec. 281.730, as amended by Ch. 256, L. 1996).
The provisions on maximum hours of work for drivers and chauffeurs described above do not apply to transporters of agricultural commodities or farm supplies for agricultural purposes if the transportation is limited to an area within a 100-air mile radius from the source of the commodities or distribution point for the farm supplies and is during Kentucky's planting (March 1 to November 23) and harvesting (June 1 to December 15) seasons. This exception is void if the Secretary of the U.S. Department of Transportation determines that Sec. 345(a)(1) of the National Highway System Designation Act of 1995 presents a hazard to the traveling public (Sec. 281.730, as amended by Ch. 256, L. 1996).
Notwithstanding the provisions of Kentucky's motor carriers law affecting drivers and chauffeurs described above, the Secretary of the Transportation Cabinet can adopt by reference or set forth in its entirety federal law provisions under 49 CFR 395 with respect to any motor vehicle registered in Kentucky (Sec. 281.730, as amended by Ch. 256, L. 1996).
The maximum hours provisions of Kentucky's motor carrier law affecting drivers and chauffeurs do not apply to matters relating to the hours of employment of the employees of motor carriers when the employees are employed and working under a collective bargaining agreement entered into between their employer and the employees' collective bargaining agent or representative on the employees' behalf, provided that the collective bargaining agent or representative is a bona fide labor organization (Sec. 281.730, as amended by Ch. 256, L. 1996).
WHO TO CONTACT
Contact the Workplace Standards Department of Kentucky's Labor Cabinet at 1047 U.S. Highway 127 South, Suite 4, Frankfort, KY 40601. Telephone (502) 564-5550.
RECORDKEEPING
Child labor.- Anyone employing a minor under 18 must keep a separate register containing the names, ages, and addresses of such minors, the start and stop times for each work day, and start and stop times of meal periods. Employers also must post the working hours for each day of the week in which the minor is employed. All such records must be open for inspection by the school directors of pupil personnel and probation officers and by representatives of the Labor Cabinet and Department of Education (Sec. 339.400).
POSTING
Child labor.- Employers of minors must post the working hours for each day of the week in which a minor is employed (Sec. 339.400).
<p>Child labor.— Employers of minors must post the working hours for each day of the week in which a minor is employed (Sec. 339.400).</p>