Kentucky Break Laws: Paid 10 Minute Rest Under KRS 337.365

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The answer

Yes: a paid 10 minute rest period in each 4 hours worked

KRS 337.365 bars Kentucky employers from making anyone work four hours without a rest period of at least 10 minutes. The rest period comes in addition to the regularly scheduled lunch period, and no pay may be deducted for it, whether the employee is hourly or salaried. (KRS 337.365, Rest periods for employees)

“Kentucky Paid 10-minute rest period during each 4-hour work period”
Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023) · dol.gov · verified Sep 27, 2026

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What it means for Kentucky employers

Kentucky appears in the U.S. Department of Labor table of states that require paid rest periods, and its statute is short. Its practical effect: an eight hour day contains two rest periods of at least 10 minutes, one in each four hour block, and neither can be subtracted from wages. (KRS 337.365, Rest periods for employees)

The statute says the rest period is separate from lunch, so it cannot be folded into the meal break or used to extend it under the plain terms of KRS 337.365. (KRS 337.365, Rest periods for employees)

Salaried employees are expressly protected: the no-reduction clause names both hourly and salaried staff, so exempt status is not a reason to skip the rest period. (KRS 337.365, Rest periods for employees)

The lunch period itself has its own statute, KRS 337.355. This site has not finished verifying the Kentucky lunch rule, so it is not summarized here; read the statute text at the official link in the sources before building a schedule around it. (KRS 337.355, Lunch period requirements)

The federal overlay still applies. The U.S. Department of Labor says federal law requires no breaks, but short breaks of about 5 to 20 minutes, when given, are compensable work time, while bona fide meal periods, usually 30 minutes or more, are not. Kentucky's paid rest period fits inside that federal rule. (U.S. DOL, Breaks and meal periods)

Nursing employees have a separate federal right: the U.S. Department of Labor says most nursing workers are entitled to reasonable break time and a private space other than a bathroom, shielded from view and free from intrusion, to pump for up to one year after the child's birth. (U.S. DOL WHD, Break time for nursing workers (PUMP at work))

Exceptions and special cases

Employees covered by the federal Railway Labor Act. (Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023))
Workers under a collective bargaining agreement that already gives a total of at least 10 minutes of rest for each four hours of work. If the agreement has no rest period provisions, the 10 minute rule applies anyway. (U.S. DOL WHD, Rest period requirements under state law)

Worked examples

Shift from 7:00 a.m. to 3:30 p.m.

Two paid rest periods, for example around 9:00 a.m. and 1:30 p.m., plus the scheduled lunch. None of the rest time is deducted from pay. (KRS 337.365, Rest periods for employees)

Four hour part-time shift

One paid rest period of at least 10 minutes during the four hours. (U.S. DOL WHD, Rest period requirements under state law)

Union plant with a 15 minute break every four hours

The agreement gives at least 10 minutes per four hours, so the statute does not apply and the contract terms govern. (Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023))

How to act on it

Attendance policyWrite the two paid rest periods into every full-day schedule.Break laws by state tableSee how Kentucky compares with Ohio, Indiana, Illinois, Tennessee and its other neighbors.Kentucky rulebookAll verified Kentucky rules for employers.Written warningFor misuse of break time, documented consistently.

Breaks: Kentucky and neighboring states

Each state links to its rulebook. Only rules we verified are shown.

State	Meal break	Rest break
Kentucky	Reasonable lunch period between the 3rd and 5th hour of work	10 min per 4 hours
Ohio	Pending verification	Pending verification
Indiana	No state rule	No state rule
Illinois	20 minutes	Pending verification (full page)
Tennessee	30 minutes	Pending verification
West Virginia	20 minutes	Pending verification

Questions about Kentucky break rules

Are rest breaks paid in Kentucky?

Yes. KRS 337.365 forbids any reduction in compensation for the rest period, for hourly and salaried employees.

How many breaks does a 10 hour shift get?

The statute requires a rest period during each four hours worked, so at least two for the first eight hours, plus the lunch period.

Can the rest break be combined with lunch?

KRS 337.365 says the rest period is in addition to the regularly scheduled lunch period.

Who is exempt from the Kentucky rest break law?

Employees under the federal Railway Labor Act, and unionized workers whose agreement already provides at least 10 minutes per four hours.

The verified rules behind this page (1)

Employers must give a paid 10-minute rest period during each 4-hour work period, in addition to the regular meal period. (Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023); verified Sep 27, 2026)

Sources (5)

Checked Sep 27, 2026 · How we verify every rule · Report an error

Kentucky break law: the paid rest period in KRS 337.365