liz mcqueary
12-22-2005, 06:49 AM
we have 3 shifts in the dept. i work in .we get a5min. break after 2 hours work then we get a paid 20 lunch after 4hours then after 6hours we get another 5min break . they say we dont work 8 hours only 7 1/2 that why they dont have to give us 2- 10min breaks .they say we only get 1 10 min break and they split it up into 5 min breaks is this legal?
Beth3
12-22-2005, 09:01 AM
From KY's DOL website:
Am I entitled to a rest period and do I get paid for this time?
You are entitled to a rest period of at least ten minutes during each four hours you work. The rest period is a paid break.
Am I entitled to a meal period and do I get paid for this time?
You are entitled to a reasonable period for a meal no sooner than the third nor later than the fifth hour of your work shift unless you and your employer have mutually agreed to some other arrangement. A duty-free meal period does not have to be paid.
It appears your employer is out of compliance with KY laws. You are free to contact your State's Department of Labor and file a complaint.
liz mcqueary
12-22-2005, 10:19 AM
i understand what the law says but their loop hole is after dinner break we don't work 4 more hours . we only work 3 35 minutes .see what i am saying?the law says 4 hours so if they wanted to they could make us take 10 after 2 hour and after 4 hours take our lunch then not have to give us a last break at all. or am i wrong ? oh thanks for helping me >
Pattymd
12-23-2005, 02:01 AM
If your TOTAL work hours (excluding the meal period, but including rest breaks) are only 7.5, then you have only worked one full four-hour period, not two, and I would interpret the law as only one break being required, no matter when during the work day that break is provided.
However, for any break that IS required by law, it must be at least 10 minutes, not five, otherwise it is not a legal "break".