What is the law regarding employee breaks?
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What is the law regarding employee breaks?
I work 8 hours a day, sometimes from 8:30 am to 4:30 pm and sometimes from 12:30 pm to 8:30 pm. But either way it is the same scheduled amount of time. My question is pertaining to paid work breaks. As I understand it, in my state we are allowed a 10 minute paid rest break for every 4 hours worked, and a 30 minute unpaid lunch break for every 6 hours worked. My boss is telling me I only get one paid 10 minute break for each 8 hour shift because my lunch break is unpaid and cuts into my time working. Is he right?
Asked on April 6, 2012 under Employment Labor Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It appears you are much closer to being right. You are correct that a 10 minute paid break is required in KY for each four hours of work. You are almost correct about the lunch break--you must get a "reasonable" unpaid lunch period sometime between the start of the 3rd and the end of the 5th hour of employment. Getting the lunch break does not deprive you of your 10 minute paid breaks.
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