Wage And Hour Violations In Kentucky
Wage and hour violations occur when employers fail to comply with state and federal labor laws that regulate how employers pay and treat employees in the workplace. These laws help ensure fair compensation and safe working conditions for all employees. Violations can lead to significant financial and emotional stress for workers, making it crucial to understand your rights and the steps you can take if employers violate workers’ rights.
At Gatlin Voelker, PLLC, we understand that wage and hour violations can be frustrating and taxing. Our experienced labor law attorneys will explore all options for resolving your wage and hour dispute. No matter what your case is about, we will focus on your concerns, reduce risks, give you advice, build a strong defense and always keep your goals in mind.
Common Examples Of Wage And Hour Violations
Our lawyers have extensive experience handling these types of cases in Northern Kentucky. Common issues we see include:
- Unpaid overtime: Employers must pay employees 1.5 times their regular rate for hours over 40 in a workweek. Failing to do so is a violation of both state and federal laws.
- Minimum wage violations: The state and federal minimum wage in Kentucky is $7.25 per hour. While there are exceptions, paying employees less than this amount is illegal.
- Misclassification of employees: Classifying employees as independent contractors to avoid paying benefits and overtime.
- Withholding final paychecks: Employers must pay all wages due by the next regular payday or within 14 days of termination.
- Illegal deductions: Employers cannot make unauthorized deductions from an employee’s paycheck for items such as uniforms, tools or cash shortages unless explicitly agreed upon in writing.
- Failure to provide breaks: Kentucky law requires employers to provide a reasonable lunch break and a paid rest period of at least 10 minutes for every four hours worked.
Wage and hour protection helps ensure a fair and healthy work environment.
Some Jobs Are Exempt In Kentucky
In Kentucky, certain professions are exempt from wage and hour laws, particularly regarding overtime pay. These exemptions include:
- Those engaged in farming activities
- Domestic service employees, including babysitters and companions for the elderly or sick in private homes
- Workers in retail stores involved in selling, purchasing and distributing merchandise
- Employees in restaurants, hotels and motels
- Individuals whose primary duty is to supervise other workers
- Newspaper delivery personnel
These exemptions accommodate a profession’s unique nature and work environment.
What To Do If You Have A Valid Complaint
The first step in addressing a wage and hour violation is to consult with an employment law attorney. An attorney can provide practical guidance, help you understand your rights and guide you through the legal process, which includes:
- Gathering evidence: Collect all relevant documents, such as pay stubs, time sheets, and employment contracts.
- Submitting a complaint: You can file a complaint with the Kentucky Labor Cabinet online or by submitting a paper form.
- Conducting an investigation: The Labor Cabinet will investigate your complaint. It may involve reviewing documents, interviewing witnesses and inspecting workplace practices.
- Reaching a resolution: If the investigation finds a violation, the Labor Cabinet may order the employer to pay back wages, issue fines or levy other penalties.
Frequently Asked Questions
These are among the first questions new clients ask us:
What are wage and hour laws?
Wage and hour laws regulate the payment of wages and the hours employees work. These laws ensure that employees receive fair compensation for their work, including minimum wage, overtime pay and mandated breaks.
Is paying employees late illegal?
Yes, paying employees late is illegal in Kentucky. Employers must pay employees within 18 days of the end of the pay period in which the worker earned their wages. Failure to do so can result in penalties and legal action.
What is the overtime law in Kentucky?
Kentucky law requires employers to pay employees 1.5 times their regular rate for hours worked over 40 in a workweek. This is consistent with federal law under the Fair Labor Standards Act (FLSA).
Is it legal for my employer to reduce my hourly wage?
Yes, as long as the wage does not fall below the minimum wage and the reduction is not discriminatory.
If you have any other questions or need further details, feel free to ask us.
Contact Our Office In Covington
If you believe your employer violated your rights, don’t hesitate to contact Gatlin Voelker, PLLC, at +1-859-535-0155 or by using our website. Understanding your rights and the steps to take can help you secure the compensation and treatment you deserve.