Restaurant Industry & Lunch Breaks

K.R.S. 337.365 Rest periods for employees.
No employer shall require any employee to work without a rest period of at least ten (10) minutes during each four (4) hours worked, except those employees who are under the Federal Railway Labor Act. This shall be in addition to the regularly scheduled lunch period. No reduction in compensation shall be made for hourly or salaried employees.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 356, sec. 1, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 386, sec. 106. -- Created 1958 Ky. Acts ch. 36, sec. 1, effective June 19, 1958.

That is the current Kentucky Law on the subject.

I am well versed in that and it does go on much more than that. But thanks for bringing that here.

Funny, but a pre-shift meal with meeting with all staff, except dishwashers who were temps, was one of the things I took with me from Lou. to Ashland. I learned to do it when I managed Cafe Society. They weren't elaborate meals or heavy but I used the time at the table to communicate stuff to staff. That's where we put a fork into the specials too. CD

And when I waited tables, we did it at 610 too. Ed would make something esp. for us pre-shift. As a result of all that, away from Lou., doing seated dinners for 1,000+ people off-premise, I fed the front and back of the house delivery pizza in pre-shift mtgs. We weren't the only catering company to do so. I remember others doing things like lasagna made by the company itself. CD

I havent worked a restaurant since I was in High school, being underage they were doubly sure I got my breaks and lunch....during the school year. In the summer they worked us non stop and we'd just repay ourselves by making our own meals on the clock with whatever was around.

When I was 16 y.o. my first job (circa 1972) was as a bus boy/dishwasher/fry cook at a "home style" chicken restaurant. Sunday was "hell day" and everyone was on the clock and on the go from the time folks got out of church until we closed at 9pm. The only "break" we got during the 12 hour shift was a 45 minute lunch break when (and if) things slowed down after the lunch "push"...Rather than hanging out eating fried chicken we'd all pile into my '71 Vega, crank up some Stones or Zeppelin on the 8 track and spend the next 45 minutes driving around smoking weed.

<sign> Life was so much more simple then.

ha! lunch break what is that?

My first public job was IHOP. 1975. I worked 24 hours a week and took home 36 dollars. I KNOW the biz. Been there, done it.

I havent worked a restaurant since I was in High school, being underage they were doubly sure I got my breaks and lunch....during the school year. In the summer they worked us non stop and we'd just repay ourselves by making our own meals on the clock with whatever was around.

When I was 16 y.o. my first job (circa 1972) was as a bus boy/dishwasher/fry cook at a "home style" chicken restaurant. Sunday was "hell day" and everyone was on the clock and on the go from the time folks got out of church until we closed at 9pm. The only "break" we got during the 12 hour shift was a 45 minute lunch break when (and if) things slowed down after the lunch "push"...Rather than hanging out eating fried chicken we'd all pile into my '71 Vega, crank up some Stones or Zeppelin on the 8 track and spend the next 45 minutes driving around smoking weed.

<sign> Life was so much more simple then.

Damn....did we grow up together or what?

I havent worked a restaurant since I was in High school, being underage they were doubly sure I got my breaks and lunch....during the school year. In the summer they worked us non stop and we'd just repay ourselves by making our own meals on the clock with whatever was around.

When I was 16 y.o. my first job (circa 1972) was as a bus boy/dishwasher/fry cook at a "home style" chicken restaurant. Sunday was "hell day" and everyone was on the clock and on the go from the time folks got out of church until we closed at 9pm. The only "break" we got during the 12 hour shift was a 45 minute lunch break when (and if) things slowed down after the lunch "push"...Rather than hanging out eating fried chicken we'd all pile into my '71 Vega, crank up some Stones or Zeppelin on the 8 track and spend the next 45 minutes driving around smoking weed.

<sign> Life was so much more simple then.

Damn....did we grow uo together or what?

Anyone else at IHOP. Or York Steak House. Just next door to IHOP.

I rarely took a break when I was waiting tables.

I was greedy and I would nicely encourage all the other servers to go on breaks so I could have their sections.

Is the ten minute break paid or unpaid? Does the law mandate that?

And, I guess, same question regarding lunch breaks.

Are the employees expected to clock in and out during these breaks?

Ten minute breaks are paid breaks but you clock in and out so your employer can prove you were provided one. Thirty minute lunch breaks are unpaid. To be technical, breaks and lunch can only be taken after so many hours of work and must be spaced apart so that you are not forced to combine them at the end or beginning of a long shift. And technically, there is a legal provision for over time too. However, I think all of the above combined are rare in most situations involving the creation of food unless you are working for a company such as Marriott. CD

Having waited tables and bar tending through college, I can rarely recall a time waiting tables where a 4 hour block of time went by where you could not just chill out for a couple minutes (with the exception of Fri and sat nights). Smokers routinely asked others to "cover" their tables, but that was about it for breaks.

My one exception was waiting tables at The Cheesecake Factory, while interning at ESPN Chicago, in the Hancock Building. At the time it was the 4th busiest restaurant in the world (not sure how they calculated that, but that's what they told us). You were so busy you could not even fathom a break, but when you left with $300-$500 on a Tuesday you felt no pain.

One half of what I posed was answered. The other wasn't and I can understand why. So, if a place does not provide the breaks that are spelled out buy law, breaking the law? I worked in food service for 24 years and all the places that employed me gave me breaks. That and the laws are what I know.

One half of what I posed was answered. The other wasn't and I can understand why. So, if a place does not provide the breaks that are spelled out buy law, breaking the law? I worked in food service for 24 years and all the places that employed me gave me breaks. That and the laws are what I know.

Yes Doogy, not following local and federal statues and regulations about workplace law means that those establishments are breaking the law. However, unless regulators start raiding restaurants to check on this, nothing will be done unless an employee files a complaint. Also, technically, unless an employee tries to take said break and is refused the oppotunity to do so by management, there is no violation. Whether an employee doesn't exercise his or her rights because he or she feels pressued against doing so, without being explicitly denied the opportunity, is kind of a gray area.

I have no experience in the restaurant industry, but it sounds like it's just custom to not expect breaks. Most industry employees are probably aware of this going into it. Again, unless someone tries to exercise that right and is not not permitted the opportunity to do so, there really is no violation.

Funny, but a pre-shift meal with meeting with all staff, except dishwashers who were temps, was one of the things I took with me from Lou. to Ashland. I learned to do it when I managed Cafe Society. They weren't elaborate meals or heavy but I used the time at the table to communicate stuff to staff. That's where we put a fork into the specials too. CD

From Lou to Ashland?

Are you in Ashland now?