Meal and Rest Periods Law Summaries
Kentucky, Meal and Rest Periods Law Summaries
Kentucky's meals and rest period provisions are located at Title XXVII, Chapter 337, under Kentucky's wages and hours law. The full text of the law is available beginning at Wages-Hours ¶18-41,001 .
Rest period provisions affecting drivers and chauffeurs are covered under Kentucky's motor carriers law. This law is located at Title XXIV, Chapter 281. The full text of the law is available beginning at Wages-Hours ¶18-44,211 .
Meals and rest period provisions affecting minors in employment are covered under Kentucky's child labor law. This law is located at Title XXVII, Chapter 339. The full text of the law is available beginning at Wages-Hours ¶18-44,221 .
S. 106, L. 2006, enacted March 28, 2006, allows women to breastfeed or express breastmilk in any place they are otherwise authorized to be.
DEFINITIONS
“Employee” is anyone working for an employer (Sec. 337.010, as amended by Ch. 154 (S. 139), L. 1998).
“Employer” is any person, either individual, corporation, partnership, agency, or firm that employs an employee, including anyone who acts in the interest of an employer (Sec. 337.010, as amended by Ch. 154 (S. 139), L. 1998).
WHAT THE EMPLOYER MUST DO
Meal periods
Employers, except those subject to the Federal Railway Labor Act, shall grant their employees a reasonable period for lunch, and such time shall be as close to the middle of the employee's scheduled work shift as possible. In no case shall an employee be required to take a lunch period sooner than three hours after his or her work shift commences, nor more than five hours from the time his or her work shift commences. This section shall not be construed to negate any provision of a collective bargaining agreement or mutual agreement between the employee and employer (Sec. 337.355).
Minors.- No minor under 18 years of age may be permitted to work for more than five hours continuously without an interval of at least 30 minutes for a lunch period, and no period of less than 30 minutes will be deemed to interrupt a continuous period of work (Sec. 339.270).
For a complete summary of Kentucky's child labor law, see ¶18-1500 .
Rest periods
Employers must allow employees to take at least a 10-minute, paid rest period during each four-hour period worked. Rest periods are in addition to a regularly scheduled lunch period and apply to both hourly and salaried workers (Sec. 337.365).
Drivers and chauffeurs.- Drivers and chauffeurs operating a motor vehicle for hire under a certificate or permit who are on duty for 12 hours of continuous work must then be off duty for at least eight consecutive hours (Sec. 281.730).
Drivers or chauffeurs on duty for a total of 16 hours in the aggregate in any 24-hour period must have at least 10 hours off duty (Sec. 281.730).
No period off-duty can be counted to break the continuity of service unless it is for at least three consecutive hours and is given at such a place and under such circumstances that rest and relaxation from the strain of the duties of the employment may be obtained. 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 his or her 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 (Sec. 281.730).
The law affecting drivers and chauffeurs does not apply to any collective bargaining agreement between employers and employees, provided the collective bargaining unit is a bona fide labor organization (Sec. 281.730).
Nursing mothers.- A mother may breastfeed her baby or express breastmilk in any location, public or private, where the mother is otherwise authorized to be. A municipality may not enact an ordinance that prohibits or restricts a mother breastfeeding a child or expressing breastmilk in a public or private location where the mother and child are otherwise authorized to be. No person shall interfere with a mother breastfeeding her child in any location, public or private, where the mother is otherwise authorized to be (Sec. 1, S. 106, L. 2006, enacted March 28, 2006).
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
Every person employing minors under 18 must keep a record of the time of the beginning and ending of the minor's daily meal period (Sec. 339.400).
PENALTIES
Employers violating the rest period requirements of Sec. 337.365 are subject to a civil penalty of not less than $100 nor more than $1,000 (Sec. 337.990).
<p>Employers violating the rest period requirements of Sec. 337.365 are subject to a civil penalty of not less than $100 nor more than $1,000 (Sec. 337.990).</p>