Kentucky: Meal and Rest Break Requirements

verified against the statute 2026-07-12 6 statute sources

The short answer

Yes. Kentucky requires employers to provide a reasonable lunch period as close to the middle of the shift as possible, scheduled no earlier than the third hour and no later than the fifth hour after work begins. Employees also receive a paid rest period of at least 10 minutes during each four hours worked.

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This is the general rule in Kentucky. Ezel applies current Kentucky law to your specific facts and answers with citations to the statutes.

Governing lawKRS 337.355 (lunch), KRS 337.365 (paid rests), and KRS 339.270 (stricter under-18 rule)
Required meal breakReasonable lunch period near mid-shift; may not be required before 3 hours or later than 5 hours after shift begins (§ 337.355); no adult minimum duration stated
Required paid rest breakAt least 10 minutes during each 4 hours worked, in addition to lunch (§ 337.365)
Paid or unpaid?Required 10-min rests are paid; adult lunch may be unpaid only if it is a bona fide meal with complete relief from duty (§ 337.365; 29 C.F.R. §§ 785.18-.19)
Waiver and on-duty meals§ 337.355 preserves CBA and mutual-agreement terms but sets no formal waiver rule; a meal with any duties is paid under 29 C.F.R. § 785.19
Who is covered or exemptEmployees of covered employers; Federal Railway Labor Act employees excluded; a CBA may replace rests only with at least 10 total minutes per 4 hours (§§ 337.355, 337.365)
Separate rule for minorsUnder 18: at least 30-min lunch before work exceeds 5 continuous hours, plus a paid 10-min rest each 4 hours (§ 339.270)
Remedy for a missed break$100-$1,000 civil penalty for violating the paid-rest rule (§ 337.990(10)); current § 337.990 names no matching lunch-period penalty; Labor Cabinet accepts complaints

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Requirements one by one

Meal period

Kentucky requires a "reasonable period for lunch" under KRS 337.355. The
statute does not give adults a fixed minimum number of minutes. It instead
controls placement: lunch should be as close to the middle of the scheduled
shift as possible, and an employee may not be required to take it sooner than
three hours or later than five hours after the shift begins.

Paid rest periods

Under KRS 337.365, an employee must receive at least 10 minutes of rest
during each four hours worked, in addition to lunch. The statute says no
reduction in compensation may be made, so the required rest time is paid.

Agreements and on-duty meals

The lunch statute preserves provisions in a collective-bargaining agreement or
a mutual agreement between employer and employee, but it does not prescribe a
specific waiver form or an on-duty-meal procedure. Pay treatment still follows
the federal floor: 29 C.F.R. § 785.19(a) permits an unpaid bona fide meal
only when the employee is completely relieved from duty. Any required work,
active or inactive, makes the meal time compensable.

Coverage

Both adult break statutes exclude employees under the Federal Railway Labor
Act. The rest statute also recognizes a collective-bargaining alternative, but
only when the agreement supplies total rest minutes equal to or greater than
10 minutes accrued for each four hours worked. If the agreement supplies no
rest periods, the statutory 10-minute rule applies.

Workers under 18

The child-labor rule in KRS 339.270 is more specific than the adult lunch
rule. A worker under 18 may not work more than five continuous hours without a
lunch period of at least 30 minutes; anything shorter does not interrupt the
five-hour clock. The minor also receives a paid 10-minute rest during each four
hours worked.

Enforcement

The Kentucky Education and Labor Cabinet investigates wage-and-hour complaints,
including lunch- and rest-period complaints. Current KRS 337.990(10) sets a
$100-to-$1,000 civil penalty for violating the paid-rest requirement in
§ 337.365. The current penalty section does not list § 337.355 for a
matching lunch-period penalty and does not create California-style premium pay
for a missed meal.

What trips people up

Kentucky's two adult rules use different measures. Lunch is not written as
"30 minutes every five hours" for adults: § 337.355 calls for a reasonable
period and regulates when it occurs. The 30-minute, five-continuous-hour rule
belongs to workers under 18 under § 339.270.

The 10-minute rest rule is separate from lunch and is paid. Combining a paid
rest with the meal does not necessarily satisfy both statutes, because
§ 337.365 says the rest period is "in addition to" the regularly scheduled
lunch period.

Common questions

Does an adult Kentucky employee always get a 30-minute lunch?

The state adult statute does not name 30 minutes. It requires a reasonable
lunch period placed between the third and fifth hours after the shift begins.
Federal law says 30 minutes is ordinarily long enough for an unpaid bona fide
meal, but a shorter period can qualify under special conditions if the worker
is completely relieved from duty.

Can my employer make the 10-minute rest unpaid?

No. KRS 337.365 says no reduction in compensation may be made for hourly or
salaried employees. Federal § 785.18 independently treats short rests of
about five to 20 minutes as paid working time.

What if I have to answer calls while eating?

That is not an unpaid bona fide meal under 29 C.F.R. § 785.19(a). The rule
says an employee is not relieved when required to perform any duties, active or
inactive, while eating.

Statutes and sources

  • KRS 337.355. The current official statute requires a reasonable lunch
    period and sets its third-to-fifth-hour placement window.
    Official text
    (accessed July 12, 2026).
  • KRS 337.365. The current official statute requires a paid 10-minute rest
    during each four hours worked and states the railway and CBA rules.
    Official text
    (accessed July 12, 2026).
  • KRS 339.270. The current official child-labor statute supplies the
    30-minute lunch and paid-rest rules for workers under 18.
    Official text
    (accessed July 12, 2026).
  • KRS 337.990(10). The current official penalty section sets the
    $100-to-$1,000 civil penalty for a violation of the rest-period statute.
    Official text
    (accessed July 12, 2026).
  • 29 C.F.R. §§ 785.18-.19. The current federal rules treat short rests as
    paid work and require complete relief from duty for an unpaid bona fide meal.
    Short rests
    and meals
    (accessed July 12, 2026).

Source links

Every statute quoted above, linked, with the date we checked it.

KRS 337.355 · accessed 2026-07-12
KRS 337.365 · accessed 2026-07-12
KRS 339.270(1)-(2) · accessed 2026-07-12
KRS 337.990(10) · accessed 2026-07-12
29 C.F.R. § 785.18 · accessed 2026-07-12
29 C.F.R. § 785.19(a) · accessed 2026-07-12
This page is general legal information about state meal and rest break rules for adult, nonexempt private-sector employees, not legal advice about your job or workplace. Industry wage orders, collective-bargaining agreements, local ordinances, and occupation-specific rules may change the result, and separate laws govern minors and lactation breaks. Whether time is fully off-duty or must be paid often depends on facts this page cannot resolve. Verified against the official statute, regulation, or wage-order text on the date shown; confirm current law or consult the state labor agency or a licensed attorney before relying on it.

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