Kentucky follows both state and federal law, which entitle employees to receive proper rest, meal, and breastfeeding breaks. Understanding these rules is essential for employers to ensure compliance and avoid penalties, as well as for employees to protect their rights.
This article breaks down the essential Kentucky labor laws governing rest breaks, meal periods, accommodations related to pregnancy and lactation, and protections for minor employees. It also covers the penalties employers can face for violating these break laws in Kentucky.
Key Takeaways From Kentucky Break Laws
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This Article Covers
- Rest Breaks in Kentucky
- Meal Breaks in Kentucky
- Breastfeeding Breaks in Kentucky
- Breaks for Minor Employees in Kentucky
- Penalties for Violating Break Laws in Kentucky
Rest Breaks in Kentucky
Employees are entitled to at least a paid 10-minute rest break for every four hours worked under Kentucky break laws, in addition to any required meal break.
If a collective bargaining agreement already provides at least 10 minutes of rest time for every four hours worked, Kentucky’s rest break rule does not apply. However, if the agreement does not include rest breaks, the employer must provide the required 10-minute paid rest breaks.
Employees must be paid as usual for these rest breaks, and their pay cannot be reduced for time spent on these rest breaks.
Employees covered by the federal Railway Labor Act are exempt from Kentucky’s rest break laws.
Meal Breaks in Kentucky
Employers in Kentucky are required to provide employees with a reasonably timed meal break under the state’s break laws.
This lunch break must be scheduled as close to the middle of their shift as possible. However, it cannot be scheduled earlier than three hours after the shift starts and later than five hours into the shift.
These rules do not override any collective bargaining agreements or mutual agreements between the employer and employee.
Employers covered by the federal Railway Labor Act are not required to provide meal breaks to their employees.
Breastfeeding Breaks in Kentucky
Employers in Kentucky are required to provide certain accommodations to employees during pregnancy, childbirth, or other related medical conditions, under the Kentucky Pregnant Workers Act (KPWA).
These accommodations include:
- Frequent or longer nursing breaks, if required
- A private, non-bathroom space to express milk.
However, these rules only apply to employers who have 15 or more employees within the state for 20 or more calendar weeks in the current or previous year.
The employer and employee must work together promptly and in good faith to find a reasonable and effective accommodation.
Employers can deny giving these accommodations if it causes significant difficulty or expense to their business.
The breastfeeding break law in Kentucky requires employers to give employees written notice of their right to be free from discrimination related to pregnancy, childbirth, and related medical conditions, including the right to reasonable accommodations.
This notice must be provided to new employees when they start work and to current employees within 30 days of the law taking effect.
Employers must also post this notice in a visible place at the workplace where employees can easily see it.
Breastfeeding Breaks for FLSA-Covered Employees in Kentucky
Nursing employees covered by the federal FLSA and PUMP Act are entitled to reasonable break time to express milk for up to one year after the child’s birth, whenever required. They must also be provided access to a private space, other than a bathroom, for expressing milk.
Under federal law, breastfeeding breaks are usually unpaid. However, if an employee is required to do some work during their break, they must be paid.
Employees can also use other employer-provided paid breaks for breastfeeding. In such cases, they must be paid the same way as other employees who use those breaks.
Some airline, railroad, and motorcoach carrier employees are exempt from these FLSA protections. Kentucky employers with fewer than 50 employees can also be exempt if providing the break time and private space could cause undue hardship to their business operations.
Breaks for Minor Employees in Kentucky
Minor employees aged under 18 are entitled to rest and meal breaks under Kentucky child labor laws. These break requirements are as follows:
- Rest breaks for minors: Minors must receive at least a 10-minute rest break for every four hours of work. This break will be paid and scheduled in addition to the lunch break.
- Meal breaks for minors: Minors must be given at least a 30-minute meal break for five consecutive hours of work. Any period shorter than 30 minutes doesn’t count as a meal break as per Kentucky break laws.
Penalties for Violating Break Laws in Kentucky
Penalties for Violating Rest or Meal Break Rules in Kentucky
If an employer violates rest or meal break laws in Kentucky, the employee can file a complaint with the Kentucky Education and Labor Cabinet’s Wages and Hours Division.
Employers who deny breaks to minor employees can be fined between $100 and $1000 for violating Kentucky child labor laws. If an employer continues the violation after being notified by the Kentucky Department of Workplace Standards, they can be fined an additional $100 for each day the violation continues.
Missed breaks for each minor employee are counted as a separate offense.
Penalties for Violating Breastfeeding Break Rules in Kentucky
It is illegal for employers to discriminate in hiring, firing, or paying an employee during pregnancy, childbirth, or related medical conditions, under Kentucky’s Pregnant Workers Act. Employers cannot force a pregnant employee to take leave if another accommodation can meet their needs. Employers also cannot refuse reasonable accommodations required due to pregnancy or lactation, unless such accommodations would cause undue hardship to their business.
Kentucky employers covered by the federal law also cannot fire, demote, or retaliate against an employee for requesting or using breastfeeding breaks under FLSA protections.
For a violation related to reasonable pumping break time and space, employees can file a complaint with the U.S. Department of Labor’s Wage and Hour Division or pursue a private lawsuit. When found guilty, employers can be asked to provide:
- Reinstatement or promotion.
- Payment of lost wages plus an equal amount in liquidated damages.
- Compensatory damages and make-whole relief.
- Punitive damages.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.