There are two main pieces of legislation addressing overtime here in Kentucky. There are state laws including Kentucky Rev. Stat. §§ 337.285 and 337.050. There’s also the federal law known as the Fair Labor and Standards Act (FLSA). Each of the laws can be used by employers to guide them in knowing when to pay overtime. This same legislation can be used by employees to better inform themselves of their rights to compensation.
The FLSA requires employers to pay their employees 1.5 times their regular hourly wage anytime that they work more than 40 weekly hours.
Kentucky Rev. Stat. §§ 337.285 and 337.050 clarifies what workers are eligible to receive overtime though. This legislation highlights how certain employees must get permission from their employer to work over 40 hours during a single week. That same state law also describes virtually any worker who is required to work all seven days out of the week must be paid pay and a half if they’re asked to labor for more than 40 hours.
There are some exemptions to these state laws. Individuals employed as officers, foremen, supervisors or superintendents are generally ineligible to receive overtime for working more than 40 hours per in a single week. The same is true for virtually anyone who’s employed in a clerical role, skilled labor or sales role. Motel or hotel workers and restaurant workers are ineligible to receive overtime under existing Kentucky laws as well.
State laws are ever-evolving. So too is the list of workers that can qualify to receive overtime pay. An attorney can help you determine whether Kentucky law allows you to demand overtime from your Fayette employer in your case.