View Full Version : paid lunch?

10-06-2005, 03:20 PM
Is is true or not......If you work for a company and you are locked in at night,that they are required by law to pay you for your lunch break?( in the state of KY)

10-07-2005, 08:29 AM
What does "locked in for the night" mean? That you are expressely prohibited or physically barred from leaving the building? I'm going to guess that the doors are locked for safety and security reasons (you don't want some wackp with a weapon wandering in at 2am) and that you and your co-workers can get out in the event of an emergency.

10-09-2005, 03:59 AM
OK here is the story.....I work for Lowes,and we are LOCKED in at nite...yes the doors a re locked and alarms set. We are NOT allowed to leave the store. We do clock out for lunch.....The rumor is that they are required by state law to pay you for your lunch break if you cannot leave the premises...is it TRUE OR NOT?

10-09-2005, 11:23 AM
You will need to call the state DOL for an answer to your question.

12-22-2005, 08:59 AM
I work for the Commonwealth of Kentucky in the Department of Corrections. I work at KSP in Eddyville. We work an eight (8) hour day,Forty (40) hour week, without any breaks at all. No federal law covers an employer having to give their employees a paid lunch break.KRS 373.355 covers employee's lunch breaks but the Kentucky Department of Labor will not enforce that law on another state department.

06-21-2006, 05:56 AM
I too work for this company in the same position as stated by this person. I, as well as the others who work on the nightshift feel it is somewhat unfair to be required to "clock out" for an entire hour of lunch, yet still be required to remain locked in the building during this period. The daytime employees are allowed the priviledge of leaving during lunch breaks (to run errands, go home, etc.) as long as they are able to return to "clock in" on time. Those of us on nights do not have that priviledge (which is basically discrimination by definition). Yet, outside of the issue of discrimination, it also seems to be a labor issue. If an employee is "off the clock", is it legal to hold an employee on the premises against their will (simply for security reasons)? It would be nice if their were laws to define what is right or wrong in this matter.

06-21-2006, 06:21 AM
If you feel that the laws need changing, your recourse is to lobby your elected representatives.

06-21-2006, 06:53 AM
nshiftworker there is a law in this matter. As long as you are completely relieved of duties on your lunch your employer does not have to let you leave the premises. The employer is well within their rights to keep you locked in the building on your lunch break for security reasons.

Section 4. Rest and Meal Periods. (1) Rest. Rest periods of short duration, running from five (5) minutes to about twenty (20) minutes, are common in industry. They promote the efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked. Compensable time of rest periods may not be offset against other working time such as compensable waiting time or on-call time.

(2) Meals. Bona fide meal periods are not worktime. Bona fide meal periods do not include coffee breaks or time for snacks. These are rest periods. The employee must be completely relieved from duty for the purpose of eating regular meals. Ordinarily, thirty (30) minutes or more is long enough for a bona fide meal period. A shorter period may be long enough under special conditions. The employee is not relieved if he is required to perform any duties, whether active or inactive, while eating. It is not necessary that an employee be permitted to leave the premises if he is otherwise completed freed from duties during the meal period.


06-21-2006, 03:41 PM
Thanks for the info regarding this matter. In regards to labor, I suppose they are within their right to keep us locked in during our unpaid meal period. Still, it seems very unfair to allow dayshift employees to enjoy a priviledge which some employees (on the night shift) cannot enjoy. Although this rule is in place for security reasons, management is more to willing to break it's own rule for vendors or contractors working at night (or for employees to do needed work in the outside yard). It seems less about safety and more about control. Thanks again for the info.

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