State of Kentucky Lunch and Break Law
Posted on July 31, 2006 bySarah
You might be interested to know that Kentucky is one of 19 states with specific state regulations regarding employee meals and breaks.
Kentucky state law stipulates that a “reasonable meal period” must be provided to all employees. Usually this is expected to be a 30 minute meal break, but it can be shorter if work conditions make it necessary. This meal break may generally be unpaid if it is at least 30 minutes long, but only if the employee is completely relieved of his or her duties. If the worker must do any job duties during the meal break, it must instead be a paid meal break. Finally, this break must be between the 3rd and 5th hour of the employee’s work day.
I also found it interesting that Kentucky law mandates paid rest periods for all employees. For each four hour work period, a worker must be given a ten minute paid rest period.
Kentucky also has a special meal break requirement for workers under the age of 18. Employees ages 14 to 17 must be given a 30 minute lunch break for each five hours they work continuously.
Finally, Kentucky state law reiterates principles also found in Federal law regarding sleep time, waiting time, and travel time. Whether or not waiting time needs to be considered paid work hours depends on the situation. If an employee is allowed to do something of his or her choosing while waiting for another task to be finished or while waiting at the workplace for his or her services to be called upon, it is generally considered work time. On the other hand, if an employee is waiting to be called upon, but has great freedom to do what he or she wishes while on call (and has plenty of time to respond to the call), it is not generally considered paid work time.
When it comes to sleeping time, employees required to be on duty less than 24 hours is considered to be “working” even if he or she is permitted to sleep during some of those hours when not busy. If an employee is on duty more than 24 hours, a sleeping period of no more than eight hours may be deducted from work hours. However, this can only be done if sleeping quarters are provided and at least five hours of uninterrupted sleep may be achieved by the employee.
Then there is the issue of travel time. The general rule of thumb is that time spent in the normal day’s commute to and from work is not considered paid working time. However, if an employee is traveling in the course of a days work, it must be considered paid work time.
A thorough presentation of state and federal laws related to lunches and breaks may be found on the Kentucky Complete Labor Law Poster. This poster also presents required notices for all areas of both state and federal labor laws.
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