Kentucky's two break statutes
KRS 337.365 — Rest periods: Every employer must provide a rest period of at least 10 minutes for each four hours worked, or major fraction thereof. These breaks are paid and count as time worked. Employers may not require employees to work through a required rest period.
KRS 337.355 — Lunch period: Every employer shall provide a reasonable lunch period of at least 30 minutes when the shift spans the normal period for the midday meal. For most employees, this means shifts over five hours that overlap the noon-hour range. The lunch period is unpaid if the employee is completely relieved of all duties. If the employee must remain at their workstation or on call, the time is compensable.
Entitlement formula
Worked example
Eight-hour midday shift
Difference from California's premium-pay rule
California Labor Code § 226.7 imposes a one-hour premium for each missed break — a remedy that is specific to California. Kentucky's statutes (KRS 337.355 and KRS 337.365) do not provide an equivalent automatic premium-pay remedy. Kentucky employees with missed breaks may pursue a wage claim through the Kentucky Labor Cabinet.
What this does not determine
- Whether actual breaks provided were timely, of sufficient duration, or free from duties.
- Whether your employer, industry, or role is exempt from KRS 337.355 or 337.365.
- Whether a collective-bargaining agreement or employer policy provides more generous benefits.
- Overtime, minimum wage, final paycheck, or other rights under KRS Chapter 337.
Sources and verification
Break requirements are drawn from KRS 337.355 (lunch period) and KRS 337.365 (rest periods), enforced by the Kentucky Labor Cabinet. No automatic premium-pay remedy for a missed break exists under Kentucky law.