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Thread: Lunch breaks in Kentucky working 10-11 hour shift Kentucky

  1. #1
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    Default Lunch breaks in Kentucky working 10-11 hour shift Kentucky

    I work in an outpatient clinic as a hourly paid physical therapist. I usually work 10 to 10.5 hours per day, 6:45 am to 5:45 pm. I normally take a lunch break at noon, which is 5.25 hours into my shift. I have two questions, 1) Am I in violation of KY law by taking lunch at this time instead of at the 5 hour time, 2) Am I required to take a second lunch break if I work over 10 hours in my shift, i.e. seconday to working more than 5 hours again. My manager is under the impression that if I work more than 10 hours that I must take another 30 min lunch.

  2. #2

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    Labor laws are tricky in that they do vary from state to state

    here is what I found about Kentucky and its breaks

    http://www.labor.ky.gov/ows/employmentstandards/faq/

    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.

    Your lunch break is a little later then it should be and it could get your employer into trouble.
    Note
    Unless you are required to work thru your break if your laws is like Wa state you dont get paid for it.
    You most likely do not need to take a second lunch break
    In Wa you only do if u work a shift that goes into 3 hours or more of an 8 hour work day so well maybe the same for KY
    However you should get a paid 3rd ten minute break

    Editfor additional info

    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.


    http://www.lrc.state.ky.us/kar/803/001/065.htm
    Last edited by Actongue; 10-04-2008 at 09:45 PM. Reason: more info

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