Information from the County Attorney's Office
By Steven J. Franzen, Campbell County Attorney
From time to time, we hear of employees not being paid for their work. Employees deserve to be paid fully for time worked. In many cases, the failure to follow wage and overtime laws by an employer is a result of negligence or ignorance. This article should help explain what an employee is entitled to under federal and state law for minimum hourly wages and overtime pay.
Under the Fair Labor Standards Act (FLSA), the federal minimum wage for covered employees is $7.25 per hour. Similarly, in Kentucky, the minimum wage for covered employees is $7.25 per hour. Similarly, the FLSA and Commonwealth set a minimum wage for tipped employees at $2.13 per hour.
In addition to this minimum wage requirement, Employers must under federal and state law pay for employees at a rate of time and one-half for all hours worked in excess of forty (40) hours in a workweek. “Comp time” may not be given to an employee who is subject to overtime pay. However, the employer can require employees to work overtime and there is no limitation on how many hours in one day the employee may require you to work.
Unfortunately, not all employees are covered by these laws. For example, if you are an employee who works more than 80 percent of the time in an administrative, executive, professional, or outside sales capacity, you are not entitled to overtime pay under the FLSA or Kentucky law. Moreover, if you are an independent contractor, a co-partner or a volunteer, these laws do not apply to you. However, do not assume that you are an independent contractor just because your employer says you are.
In the event an employer violates minimum wage and overtime rules, the worker can file a complaint with the U.S. Department of Labor and the Kentucky Labor Cabinet, Division of Wages, Hours and Mediation. Moreover, you may also file a civil suit against the employer for these unpaid wages. However, the statute of limitations for bringing civil actions for such claims is three years under federal law and five years under Kentucky law.
If you are unsure about whether you have been properly paid in accordance with federal and state law, it is recommended that you speak with an attorney.
If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at (859) 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.