Ky - Rest Breaks And The Railway Labor Act

[Donald]

Dear Mr. Ballas,

I work in Kentucky, in the food service industry. The labor signage says that we are exempt from getting the standard lunch and rest breaks that everyone else enjoys, because we are covered by the Railway Labor Act. I cannot seem to find any information on what this really means. To my employer, it means that we just don't get lunch or rest breaks. We just take a few minutes(or seconds) whenever we can, if we can.

Can this possibly be right?

Thank you.

ANSWER: Anne:

The Railway Labor Act covers railroads and airlines.  If you work in food service and are an employee for a railroad or airline you may be under the RLA.  If so, the state cannot mandate a meal period for you.  Most of the time that is covered by a collective bargaining agreement that may or may not allow meal breaks.

So, it may be possible.  The key for you is what company you work for and is it really covered by the RLA.

If you have more info, let me know and I will try to help more.

Tom Ballas

From the KY web site:

LUNCH PERIODS

Employers, except those subject to the Federal Railway Labor Act, shall grant their employees a reasonable period for lunch, and such time shall be as close to the middle of the employee's scheduled work shift as possible. In no case shall an employee be required to take a lunch period sooner than three(3# hours after the work shift commences, nor more than five #5) hours from the time the work shift commences. This section shall not be construed to negate any provision of a collective bargaining agreement or mutual agreement between the employee and employer

---------- FOLLOW-UP ----------

I work for one of the 3 major pizza companies. During the day, when I work, there is only a delivery driver and myself. I cannot leave the store(to get coffee, lunch or anything)as the health department requires a store to have a person, who is health department certified(I am), to be there, at all times, when the store is open for business. I also must stop whatever I'm doing to take care of any business that might happen.

When we are busy, we just keep working til its time to go home.

The thing is, whenever anyone asks about breaks, the standard response is that they don't have to give them because of the Railway Labor Act.

We do not have a union or any type of collective bargaining for that matter. There is no mutual agreement between the employers and employees.

The night shift has more workers, and the employees are still treated the same way. The business owners have 15 stores in this area and, to my knowledge, this is the way it is in all the stores.

Honestly, this does not bother me that much, as I do make sure that I get the breaks I need. They may not be exactly how the law requires, or how my employer would like, but I do get them. The thing is, this just doesn't make sense to me. Could the government so totally disregard a whole segment of the workers and their rights? Or is my employer(and others like them) twisting what The Railway Labor Act actually says about workers rights to rest and lunch breaks?

Thank you,

Anne

[Merlin]

Anne:

I seriously doubt if your company is under the Railway Labor Act.  It is possible, if it is owned by a Railroad or an Airline.  If not, it is not under the RLA. Note the language below says: Employers EXCEPT those subject to the Federal Railway Labor Act... What company do you work for? Provide me the name and location and I will research for you.

Tom Ballas

LUNCH PERIODS

Employers, except those subject to the Federal Railway Labor Act, shall grant their employees a reasonable period for lunch, and such time shall be as close to the middle of the employee's scheduled work shift as possible. In no case shall an employee be required to take a lunch period sooner than three(3# hours after the work shift commences, nor more than five #5) hours from the time the work shift commences. This section shall not be construed to negate any provision of a collective bargaining agreement or mutual agreement between the employee and employer