Are Kentucky state overtime laws different from those of federal law?
Under Kentucky law, any laborer, workman, or mechanic worked in excess of eight (8) hours per day or forty (40) hours per week, except in cases of emergency shall be paid not less than one and one-half (1-1/2) times the basic hourly rate of pay. Some employees are exempt from the overtime requirement. For example, salaried employees engaged in administrative, professional, executive or computer professional activities are exempt from the overtime requirement.
Am I entitled to a rest period, and do I get paid for this time?
You are entitled to a rest period of at least ten (10) minutes during each four hours you work. The rest period is a paid break.
Does Kentucky have a minimum wage that is different from federal law?
The current minimum wage in Kentucky per KRS 337.275 establishes the state minimum wage to $8.10 per hour as of July 1, 2014, $9.15 per hour on July 1, 2015, and $10.10 per hour on July 1, 2016. Additionally, employers can reduce the minimum wage by the cost of providing board, lodging and other allowances.
Does Kentucky have meal and rest break requirements, unlike federal law?
Under Kentucky law, employees are entitled to a reasonable meal period no sooner than the third and no later than the fifth hour of work unless the employer and employee mutually agree to another arrangement. Employers are not obligated to compensate employees for a duty-free meal period. Additionally, employees must receive a paid ten-minute rest break for every four hours of work.
How do I file a wage/hour or labor standards claim in Kentucky?
You can file a complaint with the Kentucky Department of Labor. This can be done by filling out an Employment Wage Complaint Form available at http://www.labor.ky.gov/dows/doesam/Documents/ES-8.pdf. The filing should include as much information and documentation as possible, including pay statements and records of hours worked. This process can be completed with or without an attorney.
May my employer make deductions from my paycheck for cash shortages, missing items or damaged items?
Deductions may be made for cash shortages so long as your employer has written authorization from you to make the deduction, the deduction does not cause your wages to fall below the applicable minimum wage and the shortage is from a cash register or cash box that is only used by one employee. Your employer may not make a deduction from your wages for lost or stolen property or damage to property.
May my employer change my rate of pay?
Your employer may change your rate of pay so long as you are informed of the change prior to working any hours at the new rate. In other words, the change cannot be retroactive.
Must my employer pay my vacation pay upon termination of employment?
Whether you are paid for unused vacation upon termination of employment depends on the policy or past practice of your employer. Kentucky labor laws do not specifically require that an employer pay an employee for unused vacation upon termination of employment.
What are my time deadlines?
If you have a wage/hour complaint, make sure you act promptly in contacting the Department of Labor to file a claim. There are strict time limits in which wage claims must be filed. If you file a complaint directly in court, there is a six month period in which you must file the complaint from the date in which the claim arose.
How can I or my attorney pursue a claim in court in Kentucky?
Employees can bring an action in court to recover unpaid wages, attorneys’ fees, and other filing costs are recoverable.
State Labor Agency
Kentucky Department of Labor
1047 US HWY 127 S
Frankfort, KY 40601
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