Kentucky's Rest Break and Seventh-Day Overtime Rules, Explained

Many employers assume that following the federal Fair Labor Standards Act covers their wage and hour obligations. In Kentucky, that assumption can be costly. State law adds requirements for rest breaks, meal periods and seventh-day overtime that federal law does not. Multistate employers and new businesses in Kentucky are especially likely to overlook them.

Minimum wage

Kentucky's minimum wage is $7.25 per hour, matching the federal minimum. Louisville and other cities cannot set higher local minimum wages. The Kentucky Supreme Court ruled in 2016 that Louisville's local minimum wage ordinance was invalid under state law.

Tipped employees may be paid a lower cash wage if tips bring them up to the full minimum. Employers must track tips carefully and make up any shortfall.

Paid rest breaks

Kentucky is one of a small number of states that require rest breaks for adult workers. Under KRS 337.365, employers must provide a paid rest period of at least 10 minutes during each four hours worked. The rest period must be in addition to the regular meal period, and it cannot be required to be taken at the start or end of a shift to shorten the workday.

The U.S. Department of Labor's summary of state rest period laws lists Kentucky among the states with this requirement. Employers who give no breaks, or who deduct pay for short breaks, risk claims for unpaid wages.

Meal periods

Under KRS 337.355, employers must give employees a reasonable period for lunch, as close to the middle of the shift as possible. The meal period may not be required before the third hour or after the fifth hour of work. Meal periods may be unpaid if employees are fully relieved of duty. If employees must remain at their stations or answer phones, the time is generally compensable.

Employers and employees can agree to different arrangements in some cases, such as through collective bargaining agreements, but the default rule applies otherwise.

Overtime

Like federal law, Kentucky generally requires time and a half for hours worked over 40 in a workweek. The state also has a seventh-day overtime provision under KRS 337.050. In general, an employer that requires an employee to work seven days in one workweek must pay time and a half for the time worked on the seventh day. There are exceptions, and the provision does not apply in every situation, so employers with seven-day operations should review it carefully.

Exempt status under state law generally tracks federal tests, but employers should confirm their classifications. Federal overtime rules, including the current salary threshold, are covered in our FLSA overtime guide. Classification of independent contractors is a separate question, explained in our independent contractor guide.

Youth employment

Employers hiring workers under 18 must follow both federal and Kentucky child labor rules. Federal rules limit hours for 14- and 15-year-olds and bar minors from many hazardous jobs. Kentucky adopted changes in recent years to align some of its rules more closely with federal law, but employers should check current requirements before scheduling young workers. Our report on the Academies of Louisville covers youth internships and work-based learning.

Paid leave and other rules

Kentucky does not require private employers to provide paid sick leave or paid family leave. Employers with workers in other states should review those states' rules, which are expanding, as we explained in our paid family leave report.

Kentucky became a right to work state in 2017, which means employees cannot be required to join a union or pay union fees as a condition of employment.

Practical steps

Review break policies to confirm employees receive paid 10-minute rest periods for each four hours worked and a meal period at the right time. Train supervisors, who often control break timing on the floor.

Check scheduling systems for seven-day work. If employees are scheduled seven consecutive days in a workweek, confirm whether seventh-day overtime applies.

Audit timekeeping practices. Automatic meal deductions, rounding rules and off-the-clock work are common sources of wage claims. Make sure records reflect actual time worked.

Keep up with changes. The Kentucky Labor Cabinet enforces state wage and hour laws and publishes guidance for employers. Statutes are available through the Kentucky General Assembly's website.

A few minutes of review can prevent costly back pay claims. In a tight labor market, accurate pay and reasonable breaks also help with retention, since workers notice quickly when they are shortchanged.