Unpaid Overtime and Wage Claims Attorney Louisville KY
Overtime and minimum wage laws are clear, but many employers still frequently violate these laws. If you have unpaid overtime pay or have been denied pay for your regular work hours, contact the overtime attorneys at Abney Law for a free, confidential consultation.
Wage theft is more common than many people realize, and it affects workers in all industries. From fast food and retail to construction, healthcare, and white-collar jobs, workers are affected by this illegal practice. In Kentucky, thousands of workers lose millions of dollars every year due to wage theft. Whether you’re clocking in early and not getting paid, being forced to work during lunch “off the clock,” or being misclassified as an independent contractor when you’re actually an employee, your employer is likely breaking the law.
If you work in Kentucky, the basic rules controlling payment of overtime are clear. Federal and state overtime laws require employers to pay covered employees 1 1/2 times your normal hourly rate for all hours beyond 40 worked in a week. One and a half times your standard rate of pay (also called time and a half) means that, for example, if you usually earn $20 per hour, you must be paid $30 per hour for overtime hours.
The Fair Labor Standards Act and Kentucky Wage and Hour Act contain exceptions for certain types of workers, including for executive, administrative, professional, outside sales, and certain computer-related employees. Determining if an individual fits within one of these exemptions requires an in-depth analysis of the duties and responsibilities of the employee. Just because your employer calls you an “administrator,” “exempt,” or “outside salesperson” does not determine whether you are actually exempt from overtime laws. Because federal and state overtime exemptions are complex and subject to change, it is essential that you meet with an attorney to decide whether you fall within one of these exceptions.
Kentucky Minimum Wage and Overtime Rules: What You Need to Know
Common Tactics Employers Use to Avoid Paying Overtime
Unfortunately, some employers use deceptive or illegal strategies to avoid paying wages that are legally required. These include:
- Misclassifying hourly workers as “salaried exempt” to avoid overtime payments, even when their job responsibilities do not involve real management authority.
- Requiring work outside normal working hours, such as answering emails after work or setting up for shifts without compensation.
- Averaging hours over two weeks to make weekly totals seem lower than 40 hours, which is illegal under federal law except in specific circumstances.
- Paying regular rates for overtime hours or offering time off instead of extra pay, which is generally not allowed in the private sector.
- Failing to include bonuses, differential pay for different shifts, or commission payments in regular rates, resulting in underpayment for the time and a half rate.
These practices are not only unethical, but they also violate both federal and state laws in Kentucky. Victims of wage theft have several legal options available to seek redress.
The attorneys at Abney Law have significant experience pursuing all types of wage claims, including unpaid overtime, unpaid wages, unpaid commissions, withheld benefits, and class action and collective action wage claims.
We Handle Individual and Group Wage Theft Cases
While some wage disputes involve a single individual, others involve entire teams or departments. When multiple employees are subjected to unfair pay practices, such as a restaurant requiring servers to work without pay for prep shifts, or a warehouse imposing unpaid security checks, we take collective action under the Fair Labor Standards Act or file class actions under Kentucky law. These lawsuits amplify the voices of workers, reduce individual risks, and often lead to changes in company policies on a broader scale.
In collective actions, eligible employees can “opt in” to join the lawsuit, pooling resources and testimony to strengthen the case. Employers who engage in widespread wage theft often settle quickly when faced with united legal pressure. At Abney Law, we have successfully recovered back wages for dozens of workers in a single case, sometimes totaling hundreds of thousands of dollars in unpaid compensation.
In Kentucky, if an employer illegally withholds your wages you can be entitled to recover double those unpaid wages or unpaid overtime plus your attorney fees.
Kentucky’s Strong Penalties for Wage Violations
Under the Kentucky Wage and Hour Act, employees who win a wage claim are entitled not only to receive unpaid wages but also an additional amount in the form of liquidated damages unless the employer can prove that the violation was committed in good faith and based on a reasonable belief that they were following the law. The court may also award reasonable attorney’s fees and costs to the winning employee. This means that even if the unpaid wages seem small, you can still pursue justice without risking financial ruin, as the law ensures that the employer will bear the costs of their actions.
Federal law provides similar protections under the Fair Labor Standards Act (FLSA), which also allows for double damages and attorney’s fees. In some cases, we may file claims under both state and federal laws to maximize our recovery and legal options.
You May Be Owed More Than You Think
Many workers assume they don’t have a case because they received partial payment, but this doesn’t erase an employer’s obligation to pay properly. For example, if you were paid $20 per hour for 10 hours of overtime instead of $30 per hour, you are owed an additional $100 for that week. If you regularly work 50 hours per week, this could add up to more than $5,000 in unpaid overtime, plus an equal amount in penalties. And if your employer fails to pay you the minimum wage during slow weeks, these shortfalls also accumulate.
Learn More About Wrongful Termination
Your Hard Work Deserves Full Compensation
In Louisville and across Kentucky, workers play a crucial role in our economy. These workers include nurses, truck drivers, software developers, and janitorial staff, among others. However, too many of these workers are not treated fairly by their employers who prioritize profits over the well-being of their employees. The law clearly states that if you work, you should be paid fully, fairly and on time.
You don’t have to navigate complex wage laws on your own. Our team understands the strategies employers use to avoid following the law, and we know how to build strong cases that lead to real results. Best of all, you don’t need to pay a cent out of pocket – our fees are covered by the employer if we succeed.
If you think you’ve been denied the wages you are owed, contact the overtime attorneys at Abney Law online or call (502) 498-8585 to schedule a free consultation.
Common Unpaid Overtime & Wage Claims FAQs
You are likely owed overtime if you are a non-exempt employee and have worked more than 40 hours in a single workweek without receiving 1.5 times your regular rate for those extra hours. Many employees are misclassified as “exempt” (salaried and not eligible for overtime) when their actual job duties do not legally qualify for an exemption. Common red flags include being paid a salary but having limited managerial authority, having your hours tightly controlled, or performing primarily manual or routine tasks. If you are hourly and have worked over 40 hours, you are almost certainly owed overtime pay.
“Time and a half” means you must be paid 1.5 times your regular hourly rate for every hour worked over 40 in a workweek. Your regular rate isn’t just your base pay; it must include non-discretionary bonuses, shift differentials, and certain other forms of compensation. For example, if your regular calculated rate is $20/hour, your overtime rate is $30/hour. If you are paid a fixed salary for a set number of hours, that salary must be converted to an hourly rate to calculate the proper overtime premium.
Not necessarily. A job title does not determine overtime eligibility; your specific job duties and responsibilities do. To be legitimately exempt as an executive, administrative, or professional employee under the Fair Labor Standards Act (FLSA), you must meet strict tests regarding your primary duties, level of discretion, and independent judgment. Many employees given “manager” or “coordinator” titles are misclassified. If you spend most of your time on routine tasks similar to hourly staff or have limited real authority, you may be misclassified and entitled to back overtime.
Both are ways for multiple employees with similar claims to sue together, but they operate differently. A class action (typically under state law) includes all similarly situated employees unless they opt-out. A collective action (under the federal FLSA) requires each employee to affirmatively opt-in by filing a written consent to join the lawsuit. These mechanisms allow employees to combine their strength and resources to pursue widespread wage violations efficiently. Abney Law evaluates each case to determine the best strategy for maximum recovery.
Kentucky and federal laws provide strong remedies. Under the Kentucky Wage and Hour Act, you can recover double the amount of your unpaid wages as liquidated damages, plus your attorney’s fees and costs. Under the federal FLSA, you can recover unpaid overtime/wages going back two years (or three years if the violation was willful), plus an equal amount as liquidated damages, and potentially attorney’s fees. The goal is to make you whole and hold the employer accountable.
The “statute of limitations” dictates this timeframe. Under the federal FLSA, you can generally recover unpaid wages for the two years prior to filing a lawsuit, extended to three years if you can prove the employer’s violation was “willful.” Kentucky state law may also allow for recovery of unpaid wages for up to five years under certain contract theories. It is critical to act promptly, as delays can permanently bar recovery for older unpaid wages.
Related Articles
-
What Protections Do Nurses Have When Reporting Unsafe Practices?
Nurses are such an important part of patient care. From the day-to-day medical services they provide, to protecting patient health from unsafe practices, their work is critical. So what happens if a nurse reports unsafe practices? Are you protected from…
-
Can I Negotiate the Terms of a Job Offer?
Yes, you are allowed to negotiate the terms of your job offer in Kentucky. Not every employer will change their offer, but you are more than permitted to ask. In fact, too many employees fail to negotiate a better deal…
-
What Is Considered Workplace Retaliation?
Too often, workers are retaliated against for perfectly legal and acceptable conduct. Perhaps you reported a problem with a supervisor, are suffering harassment, or needed to file a workers’ compensation claim. These and other legitimate claims can often trigger retaliation…
