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Kentucky Overtime Laws

Kentucky Overtime Laws


Guide to Kentucky Overtime Laws

Most employees in the state of Kentucky are covered by KY overtime laws, which require additional pay for long hours.  In some cases, employers violate Kentucky overtime laws intentionally or due to ignorance of the law.  If you work in the state, you should know KY overtime laws so that you can understand whether you are eligible for overtime and whether your employer is in compliance.  This guide will explain the basics, including who is exempt from overtime laws and when employers must pay.  If you need more in-depth information or legal advice, you should talk to a labor and employment attorney in your area.

Am I Exempt from Kentucky Overtime Laws?

Not all workers are covered by KY overtime laws.  If you work more than 80 percent of your work hours in an administrative, executive, professional, or outside sales capacity, you are not entitled to overtime pay according to Kentucky overtime laws or the Federal Labor Standards Act (FLSA).  

While some people believe that all salaried employees are exempted from KY overtime laws, this is not the case.  If your job duties are not overwhelmingly exempt duties, your job will not be considered exempt and you will be eligible for overtime pay.  Talking to a labor lawyer can help you understand whether your job duties would be considered exempt, and whether you may have a case against an employer who did not pay overtime.

What Hours Count For Overtime?

According to Kentucky overtime laws, non-exempt employees are entitled to overtime in two circumstances.  All hours worked in excess of 40 per week must be paid overtime.  If you work more than 8 hours in a day, KY overtime laws do not necessarily require overtime, unless it brings your weekly total to 40 or more.

Kentucky overtime laws also require employers to pay overtime rates for employees who are working a seventh day in a row without a day of rest.  This is to discourage employers from having employees work many days in a row and encourage rest days.  If your employer is not paying you overtime for your seventh day of work and you are a non-exempt employee, you may be able to get back wages paid by filing a complaint with the state Department of Labor.

How Much Is Overtime?

According to KY overtime laws, overtime rates are one and a half times a person's normal wage.  For minimum wage workers, current Kentucky overtime laws require a wage of $10.88 per hour for overtime hours.  No double time is required, for holidays, weekends, or any number of hours worked.

Common Violations of Kentucky Overtime Laws

Employers are not allowed by KY overtime laws to give employees “comp time” in lieu of paying overtime.  Employers may also not average an employee's hours over two weeks (for instance, claiming an average of 40 hours worked when an employee worked 60 hours in one week and 20 in another) in order to avoid payment of overtime to non-exempt employees.