Meal and Rest Breaks

Kentucky

Meal and Rest Breaks

Overview

Employers must provide employees with meal and rest periods and at least one day off in seven.

Coverage

All employees are covered except those subject to the Federal Railway Labor Act.

Required Meal Breaks

Employers must provide a reasonable period for lunch. This lunch period must be as close to the middle of the employee's scheduled work shift as possible. Employees may not be required to take a lunch period sooner than three hours or later than five hours from the commencement of the work shift. This provision does not negate any provision of a collective bargaining agreement or a mutual agreement between the employee and the employer.

Required Rest Breaks

Employers must provide a rest period of at least 10 minutes during each four hours that an employee works. The rest period must be in addition to the regularly scheduled lunch period. No reduction in pay may be made for hourly or salaried employees.

Limits on hours worked: A motor carrier may not permit a driver to remain continuously on duty for longer than 12 hours; following 12 hours of continuous duty, the driver must have eight consecutive hours off duty. A motor carrier also may not permit a driver to remain on duty for more than a cumulative 16 hours in any 24-hour period; when the 16-hour limit is reached, the driver must have at least 10 consecutive hours off duty. An off-duty period does not break the continuity of service unless it is at least three consecutive hours. In case of an emergency, a driver may complete a run even if completion results in excess hours, provided that the run would have finished in time but for the emergency.

Provisions relating to maximum hours for drivers do not apply to transporters of agricultural commodities or farm supplies within a 100-mile radius of their source during Kentucky's planting season (March 1 to Nov. 23) or harvesting season (June 1 to Dec. 15).

Day of Rest Requirements

Employees must be allowed at least one day of rest during each calendar week.

Administration/Enforcement

The Kentucky Labor Cabinet enforces the law through the Division of Wages, Hours and Mediation.

Penalties/Remedies

Employers that violate the rest-break requirements will be fined not less than $100 nor more than $1,000.

Employers that violate the day-of-rest requirements will be fined not less than $2 and not more than $50. Each worker denied a day of rest will be considered a separate offense.

Reference Citations

Coverage: Ky. Rev. Stat. Ann.§337.365

Required Meal Breaks: Ky. Rev. Stat. Ann. §337.355

Required Rest Breaks: Ky. Rev. Stat. Ann.§§281.730, 337.365

Day of Rest: Ky. Rev. Stat. Ann. §436.160

Penalties/Remedies: Ky. Rev. Stat. Ann. §§337.990, 436.160

Web References

Kentucky Laws:

Kentucky Labor Cabinet:

Related Information

Agency information: Kentucky Labor Cabinet, Department of Workplace Standards, Division of Wages, Hours, & Mediation; 1047 U.S. Highway 127 S., Suite 4, Frankfurt, Ky. 40601; (502) 564-3534; .

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Created: July 2017