Federal and Kentucky state law both state that for a meal break to really be a meal break for which the employee does not have to be paid the following must be true:

   1.  The employee must be completely relieved from duty for the purposes of eating regular meals. 29 CFR 785.19(a); 803 KAR 1:065 Section 4(2).

   2.  The employee is not relieved if he is required to perform any duties, whether active or inactive, while eating. 29 CFR 785.19(a); 803 KAR 1:065 Section 4(2).

The federal regulation, 29 CFR 785.19(a), goes on to state as follows: "[A]n office employee who is required to eat at his desk or a factory worker who is required to be at his machine is working while eating." These are examples.

Contact Lexington,Kentucky wages and overtime lawyer Robert Abell about whether you are being properly compensated under federal and Kentucky state wage and hour and overtime law. You can reach Robert Abell at 859-254-7076.