Kentucky Wage & Hour Labor Law
REST PERIODS
No employer shall require any employee to work without
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
Employers, except those subject to the Federal Railway
Labor Act, shall grant their employees 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. This section
shall not be construed to negate any provision of a
collective bargaining agreement or mutual agreement
between the employee and employer.
MINIMUM WAGE
Effective July 15, 1998, every employer shall pay each
employee not less than $5.15 per hour. Subsequently,
the state minimum wage rate will adjust in accordance
with the federal minimum wage rate as prescribed by
29 U.S.C. Sec. 206(a)(1).
History of minimum wage
July 1, 1974 $1.30
January 1, 1975 $1.60
July 1, 1978 $2.00
July 1, 1079 $2.15
July 15, 1982 $2.60
July 15, 1986 $3.35
July 15, 1990 $3.80
July 15, 1991 $4.25
July 15, 1998 $5.15
TIPPED EMPLOYEES
Effective July 15, 1998, for any employee engaged in
an occupation in which more than $30 dollars per month
is customarily and regularly received in tips, the employer
may pay a minimum of $2.13 per hour if the employer's
records can establish for each week where credit is
taken, when adding the tips received to wages paid,
not less than the minimum wage is received by the employee.
Subsequently, the tipped rate will adjust in accordance
with the federal minimum tipped rate as prescribed by
29 U.S.C. Sec. 206(a)(1). No employer shall use all
or part of any tips or gratuities received by employees
toward the payment of the minimum wage. (KRS 337.275(2))
No employer shall require an employee to remit to the
employer any gratuity, or any portion thereof, except
for the purpose of withholding amounts required by federal
or state law. No employer shall require an employee
to participate in a tip pool whereby the employee is
required to remit to the pool any gratuity, or any portion
thereof, for distribution among employees of the employer.
Employees may voluntarily enter into an agreement to
divide gratuities among themselves. The employer may
inform the employees of the existence of a voluntary
pool and the customary tipping arrangements of the employees
at the establishment. Upon petition by the participants
in the voluntary pool, and at the employer's own option
and expense, an employer may provide custodial services
for the safekeeping of funds placed in the pool if the
account is properly identified and segregated from the
other business records and open to examination by pool
participants.
PAYMENT OF WAGE REQUIREMENT
Every employer doing business in this state shall, as
often as semimonthly, 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.
FINAL PAYMENT OF WAGE REQUIREMENT
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.
PAYMENT OF COST OF MEDICAL EXAM OR RECORDS
It shall be unlawful for any employer to require any
employee or applicant for employment to pay the cost
of a medical examination or the cost of furnishing any
records required by the employer as a condition of employment.
ILLEGAL DEDUCTIONS
No employer shall withhold from any employee's wages
any part of the agreed wage rate; unless
(a) the employer is required to do so by local, state,
or federal law
(b) when a deduction is expressly authorized in writing
by the employee to cover insurance premiums, hospital,
or medical dues
(c) other deductions not amounting to a rebate or deduction
from the standard wage arrived at by collective bargaining
or pursuant to wage agreement or statute
(d) deductions for union dues where such deductions
are authorized by joint wage agreements or collective
bargaining contracts negotiated between employers and
employees or their representatives.
No employer shall deduct the following from the wages
of employees:
(a) Fines
(b) Cash shortages in a common money till, cash box
or register used by two (2) or more persons
(c) Breakage
(d) Losses due to acceptance by an employee of checks
which are subsequently dishonored if such employee is
given discretion to accept or reject any check
(e) Losses due to defective or faulty workmanship, lost
or stolen property, damage to property, default of customer
credit or nonpayment for goods or services received
by the customer if such losses are not attributable
to employee's willful or intentional disregard of employer's
interest.
OVERTIME
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. This section does not
apply to employees of retail stores engaged in work
connected with selling, purchasing and distributing
merchandise, wares, goods, articles or commodities,
or to employees of restaurant, hotel and motel operations,
to employees as defined and exempted from the overtime
provision of the Fair Labor Standards Act in sections
213(b)(1), 213(b)(10) and 213(b)(17) of Title 29, U.S.C.
SEVENTH DAY OVERTIME
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. The
above shall not apply in any case in which the employee
is not permitted to work more than forty hours during
the workweek; or to telephone exchanges having less
than five hundred subscribers; stenographers, bookkeepers
or technical assistants of professions such as doctors,
accountants, lawyers and other professions licensed
under the laws of this state; employees subject to the
Federal Railway Labor Act and seamen or persons engaged
in operating boats or other water transportation facilities
upon navigable streams; persons engaged in icing railroad
cars; common carriers under the supervision of the Department
of Vehicle Regulation; and any officer, superintendent,
foreman or supervisor whose duties are principally limited
to directing or supervising other employees.
RECORDKEEPING REQUIREMENTS
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.
PERFORMANCE BOND REQUIREMENTS FOR EMPLOYER
ENGAGED IN CONSTRUCTION WORK, OR THE SEVERANCE, PREPARATION,
OR TRANSPORTATION OF MINERALS.
Except for employers who have been doing business in
the state for five (5) consecutive years, every employer
engaged in construction work, or the severance, preparation,
or transportation of minerals, shall furnish on a form
prescribed by the commissioner a performance bond to
assure the payment of all wages due from the employer.
Surety for the bond shall be an amount of money equal
to the employer's gross payroll operating at
full capacity for four (4) weeks. Any employee whose
wages are secured by a bond may obtain payment of those
wages, liquidated damages, and attorney's fees as provided
by law on presentation to the commissioner of a final
judgment entered by a court of competent jurisdiction.
The bond may be terminated, with the approval of the
commissioner, on submission of the employer's statement,
lawfully administered under oath, that the employer
has ceased doing business in the state and that all
due wages have been paid.
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