Required Lunch Break

• As of May 2011, Kentucky law requires employers to give their employees a lunch break somewhere between the third and fifth hour of work. The break is unpaid, and the employee must not do any work during his break -- taking lunch in the office so the employee can work during lunch is not considered a break. Employees cannot be required to take their break before the third hour of work in most cases.
  
  

10-Minute Breaks

• Kentucky employees are entitled to two 10-minute rest periods per day. They must receive a 10-minute break somewhere within the first four hours of work and another 10-minute break somewhere in the second four hours of work. Unlike lunch breaks, 10-minute breaks must be paid under both federal and Kentucky laws; employers cannot reduce an employee's salary because he chose to take his 10-minute breaks.
  
  

Collective Bargaining

• A union or other collective bargaining agency may negotiate longer breaks on behalf of its members. If an employer negotiates with a collective bargaining agency, that does not negate state law in most cases -- for example, the employer cannot agree to give employees a meal break after only two hours or offer the collective bargaining agencies other benefits in exchange for not paying workers for 10-minute breaks.
  
  

Federal Railway Labor Act

• Kentucky employees who perform interstate commerce are covered by the Federal Railway Labor Act instead of Kentucky laws. Employers must bargain with the FRLA to create policies such as break times and meal times. Unlike other collective bargaining agencies, the FRLA can supersede Kentucky law; employers must follow the FRLA agreement regarding breaks even if it conflicts with legal requirements in Kentucky. The FRLA authorizes the railway labor union to settle disputes regarding breaks and other issues via mediation and allows workers to strike.