Understanding Kentucky’s overtime laws is crucial for both employers and employees. The state has specific regulations that govern overtime pay, and it’s important to know whether it’s legal to not pay overtime in Kentucky. Failure to comply with state laws could create significant penalties for an employer, and grant you the right to further compensation as an employee.
The employment lawyers at Abney Law are prepared to help you handle overtime disputes. We analyze your case to determine if your employer is underpaying you or denying overtime to which you are entitled.
Overview of Kentucky Overtime Laws
Kentucky’s overtime laws are designed to ensure that employees are fairly compensated for their work. According to the Kentucky Revised Statutes (KRS) and the Fair Labor Standards Act (FLSA), employers must pay employees 1.5 times their regular pay rate for any hours worked over a typical 40-hour work week. This means that if an employee works more than 40 hours in a particular week, they should be entitled to overtime pay.
Just because you are entitled to this pay does not mean your employer will always pay it. They may argue that an exception applies even when it does not. Your employment lawyer can help determine the truth of your situation.
Key Provisions of Kentucky Overtime Laws
There are a few key points that are important to understand with Kentucky’s overtime laws.
- Overtime Pay Rate: Employers must pay employees time and a half (1.5 times their regular pay rate) for hours worked over 40 in a work week.
- Daily and Weekly Limits: Kentucky law does not require overtime pay for hours worked over eight in a day or on weekends and holidays. However, if an employee works seven days in a week, they must be paid overtime for the seventh day.
How this applies to each individual situation can differ, so it is important to consult your attorney for clarification.
Exceptions to the Overtime Laws in Kentucky
There are many types of employees who are exempt from overtime laws and are not entitled to extra pay over 40 hours. These may include, but are not limited to:
- Supervisors
- Superintendents
- Foremen
- Officers whose primary job is to supervise other workers
- Sales, retail, administrative roles
- Certain professional jobs
The tricky part is, there are also many exceptions to these exceptions. Government workers not entitled to overtime may be entitled to “comp time” or other recognition of their extra work, for example. Speak to an attorney to understand the nuances of your case.
Legal Consequences of Not Paying Overtime
Employers who fail to pay overtime can face legal consequences. Employees who are denied their rightful overtime can file a complaint with the Kentucky Division of Wages and Hours.
The division is responsible for investigating employee complaints and enforcing labor laws. If an employer is found to have violated overtime laws, they may be required to pay penalties, back wages, and interest.
Steps to File a Complaint
If you believe you are owed overtime pay, you and your attorney can file a complaint with the Division of Wages and Hours. Your attorney will submit a complaint form online or by contacting the division directly. You will need to provide details about your employment, including your employer’s name, address, and the hours you worked.
As an employee, it’s important to understand your rights regarding overtime pay. Keep track of your hours and ensure that you are being paid correctly. If you have any concerns, never hesitate to reach out to an experienced Kentucky overtime lawyer.
Speak to a Dedicated Overtime Attorney in Kentucky
Employers should not be allowed to mess with your overtime. We can help you determine what you are entitled to and how to enforce your rights to overtime compensation.
Let the experienced employment law attorneys at Abney Law review your case. Contact us today for a consultation.