Kentucky Minimum Wage

Effective July 1, 2009, the minimum wage rate will increase to $7.25 per hour.

Rest Periods

Employees are entitled to a rest period of at least ten (10) minutes during each four (4) hours worked except those employees who are under the Federal Railway Labor Act. This shall be in addition to the regularly scheduled lunch period. No reduction in compensation shall be made for hourly or salaried employees.

Lunch Periods

Employees, except those subject to the Federal Railway Labor Act, are entitled to a reasonable period for lunch, and such time shall be as close to the middle of the employee’s scheduled work shift as possible. In no case shall an employee be required to take a lunch period sooner than three (3) hours after the work shift commences, nor more than five (5) hours from the time the work shift commences. However, this provision may be negotiated by a collective bargaining agreement or mutual agreement between the employee and employer.

Recordkeeping

Every employer subject to the provisions of the Kentucky Minimum Wage Law shall make and preserve records containing the following information:

(a) Name and address of each employee
(b) Hours worked each day and each week by each employee
(c) Regular hourly rate of pay
(d) Overtime hourly rate of pay for hours in excess of forty hours in a workweek
(e) Additions to cash wages at cost, or deductions (meals, board, lodging, etc.) from stipulated wages in the amount deducted, or at cost of the item for which deductions are made
(f) Total wages paid for each workweek and date of payment.

Such records shall be kept on file for at least one year after entry. No particular form or order is prescribed for these records provided that the information required is easily obtainable for inspection purposes

Kentucky Payday Rules

Every employer doing business in Kentucky is required, as often as semimonthly, to pay to each of its employees all wages or salary earned to a day not more than eighteen (18) days prior to the date of that payment. Any employee who is absent at the time fixed for payment, or who, for any other reason, is not paid at that time, shall be paid thereafter at any time upon six (6) days’ demand. No employer subject to this section shall, by any means, secure exemption from it. Every such employee shall have a right of action against any such employer for the full amount of his wages due on each regular pay day.

Last Paycheck

Any employee who leaves or is discharged from employment shall be paid in full all wages or salary earned not later than the next normal pay period following the date of dismissal or voluntary leaving or fourteen (14) days following such date of dismissal or voluntary leaving whichever last occurs. No employer shall, by any means, secure exemption from this requirement.

Kentucky Overtime Law

Under Kentucky Overtime Law, no employer shall employ any employee for a workweek longer than forty hours unless such employee receives compensation for employment in excess of forty hours in a workweek at a rate of not less than one and one-half times the hourly rate employed. There are certain exemptions to the Kentucky Overtime Law, based on employees’ job duties and whether they are salaried or not.

In addition to the above, the Kentucky Overtime Law provides that any employer who permits any employee to work seven days in any one workweek shall pay the rate of time and a half for the time worked on the seventh day. There are certain exceptions to this general rule however.

To learn more about Kentucky Wage and Hour Law and Kentucky Overtime Law visit the Kentucky Labor Cabinet at http://www.labor.ky.gov/ows/employmentstandards/wagehourregulations.htm

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