If you were denied wages while working in Kentucky, you could have the right to compensation. You may want to seek the unpaid wages you missed and any penalties or damages you are entitled to. To help with that, speak with a skilled employer lawyer to determine what your rights might be. Every situation is different, so our team provides a personalized approach to your case.
The employment attorneys at Abney Law are highly experienced and ready to work for you. We represent clients who have been taken advantage of, including in unpaid wages cases. Let us review your case in a consultation and provide you the representation you need.
Federal Law: Fair Labor Standards Act (FLSA)
Under the Fair Labor Standards Act (FLSA), which also covers most Kentucky employers:
- Typical Statute of Limitations: The typical period in which you have to file is 2 years from the date the wages were owed.
- Extended Statute for Willful Violations: If the employer knowingly or willfully violated wage laws, the statute of limitations may be extended to 3 years.
In most cases, you have about 2 years to claim unpaid wages under federal law. Intentional non-payment could result in a longer period. However, it is always best to reach out to an attorney as soon as possible. The longer you delay seeking compensation, the more likely it is that valuable evidence will be lost you need to prove your case.
Kentucky State Law and Unpaid Wages
Kentucky provides a longer statute of limitations period.
- Kentucky Statute of Limitations: 5 years from the date the wages were due.
This applies when filing a lawsuit under the Kentucky statute, which allows employees to recover unpaid wages. In certain cases, you could be entitled to other damages, court costs, or even attorney’s fees. Understanding what you may be owed can be complex, so ask an attorney for advice.
What Counts as Unpaid Wages?
Unpaid wages can include:
- Minimum wage violations
- Unpaid overtime
- Missed meal or rest breaks
- Unpaid commissions or bonuses
- Final paychecks not issued after termination
Missing any of the above or other compensation you are owed may constitute an unpaid wage. If you are unsure, ask your lawyer for a consultation.
How to File a Claim for Unpaid Wages in Kentucky
To recover unpaid wages, you can:
- File a Complaint With the U.S. Department of Labor
- Submit a Wage Complaint to the Kentucky Labor Cabinet
- Consult an Employment Attorney
Evidence to Keep That Can Help Your Case
The right evidence could help you win your case. Keeping certain materials and proof can make it easier for you and your attorney to prove what you are owed and why. This evidence might include:
- Pay stubs
- Receipts for purchases you made for work
- Communications with an employer
- Supervisor notes
- Your work schedule
- Your hourly rate or salary
- What overtime you worked
- What hours you went unpaid
- The reasons you think your employer didn’t pay you
Never Sleep on Your Rights: Contact an Attorney Right Away
Missing the applicable deadline could mean you are out all of the unpaid wages you would otherwise have won. It is important to reach out to an attorney as soon as you can regarding your case.
Workers win millions of dollars every year from employers who wrongfully withheld payment, underpaid them, or committed some other wage violation.
Seek Help for Your Unpaid Wages Claim in Kentucky
Some employers will do whatever they can to deny workers their pay. Some do this to save on their bottom line, while others are trying to punish you for something. Others are simply violating the law in other ways, even if it is not intentional. Regardless, if you want to claim unpaid wages, the best way is with the help of a skilled employment law lawyer.Let the skilled employment attorneys at Abney Law review your case. Contact us today for a consultation.