The Kentucky overtime rule is definitely worth us taking a look at here, because it has its own unique provisions that make it stand out from other states and from the federal Fair Labor Standards Act, or FLSA.
The basic rule in Kentucky follows that no employer is allowed to employ a person for a week of work longer than 40 hours, unless that person gets special compensation for it. We’re talking here about the standard overtime rate of not less than one-and-one-half times the person’s normal pay rate.
We understand that, of course, because that standard—the 40 hours and the 1.5 times pay rate—generally matches the federal rules on overtime.
But here’s where Kentucky takes its own turn. Its law specifically mentions that this rule does not apply for people who work in retail stores related to selling, purchasing, and distributing of merchandise, articles, commodities, goods, or wares.
This rule also exempts workers at hotels, motels, and restaurants, along with any other form of employee specifically mentioned in the federal FLSA in sections of 213(b)(1)), 213(b)(10) and 213(b)(17) in the Title 29 of the law.
Another thing we should consider about the Kentucky overtime law, though—and luckily we have room for it now in this blog—are the so-called “seventh day overtime” rule. This states that any employer who has an employee work seven days in one week should pay that employee the special overtime pay rate of 1.5 times their normal rate.
Like the first part of the rule, this second part has exemptions, though. An employee who hasn’t worked 40 hours total in the week is exempt. Also not included are telephone exchanges of less than 500 subscribers, bookkeepers, and any employee considered a “technical assistant” to doctors, lawyers, accountants, and other professionals. Seamen, employees protected by federal railroad laws, common carriers, and any sort of supervisor or foremen are all exempt too.
The most recent set of Kentucky overtime labor laws as well as all of the federal labor laws can be found on the Kentucky Complete Labor Law poster.