labor lawAdivision of labor law center

According to the Kentucky Department of Labor, on July 1, 2008 the Kentucky minimum wage will increase by 70 cents from $5.85 per hour to $6.55 per hour.

The current state minimum wage in Kentucky mirrors the federal minimum wage of $6.55 per hour. Slightly more than 3 weeks after the increase, the federal minimum wage will also rise by 70 cents per hour to $6.55 per hour.

The Kentucky minimum wage for tipped employees remains unchanged at $2.13 per hour under KRS 337.275 (2)

In Kentucky, the Division of Employment Standards, Apprenticeship and Training is responsible for the administration and enforcement of Kentucky’s minimum wage, overtime, wage payment, child labor, wage discrimination laws and the equal opportunities provisions including the rights of the physically disabled. This division is charged with investigating allegations of statute and regulation violations and rendering findings “in a timely and efficient manner.”

The last increase to the Kentucky minimum wage occurred on June 26, 2007 when the state minimum wage went from $5.15 per hour to $5.85 per hour. This increase occurred almost a month before the similar increase in the federal minimum wage.

Under the Kentucky state wage and hour laws, employers are required to pay workers overtime at 1.5 times the worker’s usual hourly rate, when the employee puts in more than 40 hours in a single week. State law also requires that employers pay

Giving “comp time” instead of paying overtime is illegal under state law. Employees who are not legally entitled to overtime can be given “comp time.”

Under state law, employees are entitled to a meal period between the 3^rd and 5^th hour of the shift. Kentucky law does not define the meal period, other than to say that it must be “reasonable.” The meal period may be eliminated in cases where the employee and employer have mutually agreed to another arrangement. If the employee is completely relieved of all work duties, the meal period may be unpaid.

There is no state law that Kentucky employers must pay workers for unused, earned vacation time upon termination. That is determined by the employer’s written policy or past practice. Employees who are terminated for any reason, or who resign, are entitled to a final paycheck on the next regular payday, or within 14 days – whichever is sooner.

Most Kentucky employees are entitled to overtime pay for the entire day when they work 7 days in a workweek. However, an employee who works less than 40 hours in the week is exempt. In addition, workers in a number of occupations are exempt from this “seventh day overtime” law including:

• Stenographers
• Bookkeepers
• Lawyers and other licensed professionals
• Technical Assistants of licensed professionals
• Railway employees
• Sailors
• Truck Drivers subject to Department of Transportation regulations
• Supervisors, foremen, or superintendents.

Under the Kentucky minimum wage laws, deductions to a worker’s paycheck for cash shortages or damaged items cannot cause wages to fall below the minimum wage.

Employers must advise workers of any change in work hours or rate of pay in advance. They can also put any worker on salary – but that may not eliminate the need to pay overtime under federal or state law.

Kentucky employers can require that employees be paid by direct deposit as long as the employee has the ability to withdraw his or her entire net pay without paying any fees to the financial institution.

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1. Posted by: July 1, 2008 Minimum Wage Increases in 5 States - Labor Law Center Blog

   [...] In Kentucky the minimum wage increased 70 cents from $5.85 to $6.55 per hour. The prior Kentucky minimum wage was at the same level as the federal rate. This increase is the first time the state minimum wage will be higher, if only for 3 weeks. Details are here. [...]