Kentucky Overtime Laws
Kentucky has two main state law provisions covering overtime law. The first provision is consistent with the federal Fair Labor and Standards Act (FLSA) in that employees must be paid 1.5 their regular pay rate for any time spent working over 40 hours in one workweek. However, Kentucky does not require overtime to be paid for hours in excess of eight hours per day or on weekends or holidays.
The second provision of Kentucky overtime law is unique in that it requires employees to be paid overtime (1.5 times their regular rate of pay) if they work seven days in a single workweek. Exempted from this requirement are supervisors, superintendents, foremen and officers whose primary job is to supervise other workers. In addition, this Kentucky state law provision only applies when an employee is allowed to work more than 40 hours in a single workweek in the first place.
Kentucky Overtime Law Summary
This chart highlights key provisions of Kentucky overtime law.
State and Federal Statutes
Overtime Calculation Methods:
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Nuances of Kentucky Overtime Laws
With respect to the second provision mentioned above, if an employee works seven days in a workweek, then they must be paid 1.5 times their regular rate of pay for all time worked on the seventh day of labor. Furthermore, the employer can credit this seventh day overtime pay against the regular amount of overtime paid to the employee for hours worked in excess of 40 hours a week. In other words, the employer only owes the employee overtime pay from this seventh day or from hours worked above 40 hours in one week.
Exemptions from Overtime in Kentucky
Under federal law and Kentucky state law, the occupations or employees that are exempt from overtime laws include:
- Employees who work in sales or in retail stores
- Employees whose work tasks are primarily administrative
- Salaried professional employees whose jobs require specialized skill and knowledge (employers are not allowed to pay minimum-wage workers a salary to avoid paying them overtime, however)
- Employees of restaurants, hotels or motels
- Employees whose function is to provide twenty-four (24) hour residential care on the employer's premises in a parental role to children who are primarily dependent, neglected, and abused and who are in the care of private nonprofit child caring facilities licensed by the Kentucky Cabinet for Health and Family Services
- Anyone employed by a third-party employer or agency other than that person's own family or household to provide in-home companionship services for a sick, convalescing, or elderly person, with companionship services being defined as "services which provide in-home fellowship, care, and protection for a person who, because of advanced age or physical or mental infirmity, cannot care for his or her own needs"
Employees exempt from the unique Kentucky state law provision of having to be paid overtime on the seventh day if an employee works seven days in one week include:
- Employees of telephone exchanges having less than 500 subscribers
- Stenographers, bookkeepers, or technical assistants of professions such as doctors, accountants, lawyers, and other professions licensed under the laws of Kentucky
- Any 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 Kentucky Department of Vehicle Regulation
Research The Law
- Official State Codes
- Kentucky State Laws
- Kentucky Employment Laws
- State Minimum Wage & Overtime Laws
Better Understand Kentucky Overtime Laws by Speaking to a Lawyer
Not many people work for fun, so it's important that you get paid for all of the time that you work. If you have any questions about the various aspects of Kentucky overtime laws, it's a good idea to contact a skilled employment lawyer to discuss your situation and learn about your options moving forward.
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