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I'm not getting lunch or breaks!!! Kentucky

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  • I'm not getting lunch or breaks!!! Kentucky

    I work third shift for a sanitation company called (deleted). I go into work aorund 11:45pm and actually start work around 12:00am. I usually work from 12:00am to 6:30am without a lunch break nor a 10 minute break and on top of that, after my work duties are fulfilled and met, my Boss makes us wait around outside the build for about 15 minutes for reasons unknown... The weird thing about my job is that I get paid for 8 hours no matter how long I actually work. So here is my question(s):

    1) Even though I'm getting paid for 8 ours of work, but only working maybe 6 or 7, should I still be gettin a lunch break and regular 10 minute breaks?

    2) If I work for 9 hours would I still be getting paid for 8 and is that legal?

    3) Can my boss legally cut my "Sunshine" pay (the extra 2 hours I'm not actually working) for any reasons?

    Last edited by cbg; 10-07-2009, 06:39 AM.

  • #2
    Chavs, please edit your post to remove the company name (or the moderator will do it). We have had stories of employees being (legally) fired for posting issues with their employers on this site and we wouldn't want that to happen to you.

    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 10 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.

    Another question. If, for example, you got sick midway through your shift and had to go home, and didn't have any more sick time available, or you were late coming in due to a traffic accident and didn't have any more vacation time available, would you STILL get paid your full day's wages?

    First question. What are you doing between 11:45 and midnight? Are you required by the employer to be there at 11:45?

    Regarding the meals and breaks, see above. You are definitely entitled to one rest break; I'm not sure about a second break (in some states, the above statement would be interpreted as a second break being required, but I don't know how Kentucky interprets it; since you aren't actually working a second four-hour period, a second break may not be required). You are also entitled to a meal break (doesn't have to be paid) since you are working at least five hours.

    The "waiting around" time at the end of your shift is mandated by the employer, so it is compensable time. Having said that, however, even if the answer to my first question is that the employer requires you to show up at 11:45, you would only be working from 11:45 to 6:45, which is seven hours. Less an unpaid meal period (if allowed and taken) of 30 minutes would be 6 1/2 hours and that is all the law requires that you be paid.

    Relative to your question #2/3, I'm assuming you are paid on an hourly basis? Please clarify, it makes a difference. And you do have an employment contract or CBA that requires this "sunshine" pay?
    Last edited by Pattymd; 10-07-2009, 03:35 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.