No employer shall require any employee to work without a rest period of at least ten (10)
minutes during each four (4) hours worked, except those employees who are under the
Federal Railway Labor Act. This shall be in addition to the regularly scheduled lunch
period. This section shall not apply where a collective bargaining agreement provides for
a total number of minutes that are equal to or exceed ten (10) minutes accrued for each
four (4) hours of work. If a collective bargaining agreement does not contain provisions
allowing rest periods, employers shall allow a rest period of at least ten (10) minutes
during each four (4) hours worked. No reduction in compensation shall be made for
hourly or salaried employees.
Effective: March 27, 2020
History: Amended 2020 Ky. Acts ch. 48, sec. 1, effective March 27, 2020. -- Amended
1980 Ky. Acts ch. 356, sec. 1, effective July 15, 1980. -- Amended 1974 Ky. Acts ch.
386, sec. 106. -- Created 1958 Ky. Acts ch. 36, sec. 1, effective June 19, 1958.
Notes of Decisions
England v. Advance Stores Co., 263 F.R.D. 423 (W.D. Ky. 2009).
· cites it 12× “The federal courts of this circuit likewise have had little to say about the Kentucky Wages and Hours Act in general, and less about the statutes that provide for meal and rest breaks, KRS 337.365 (Michie 2007) and KRS 337.355 (Michie 2007).”
Lipson v. Univ. of Louisville, 556 S.W.3d 18 (Ky. Ct. App. 2018).
· cites it 2× “Lipson's complaint references KRS 337.365 rather than KRS 337.385. This is clearly a typographic error as KRS 337.”
Berrier v. Bizer, 57 S.W.3d 271 (Ky. 2001).
“Berrier claims she was discharged because (1) her pregnancy required more work absences and rest breaks than her store manager, Barry Gal-las, considered appropriate; and (2) she had complained to the Kentucky Labor Cabinet, Division of Employment Standards, that the store’s…”
Parts Depot, Inc. v. Beiswenger, 170 S.W.3d 354 (Ky. 2005).
“386, § 106 (KRS 337.365). It also enacted KRS 337.055 (payment of all wages to employee who leaves or is discharged), 1974 Ky.”
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