This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case.
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Employment · Kentucky

Can I sue for unpaid overtime in Kentucky?

the short answer

On top of the federal 40-hour week, Kentucky has a seventh-day overtime law. If your employer lets you work all seven days of one workweek, the hours you work on that seventh day are owed at time and a half — whether or not the week reached 40 hours.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.
plain englishPast 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.source ↗Not yet checked against the statute.
penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.
limit2 yearssource ↗Not yet checked against the statute.
alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Kentucky?

free route

The Division of Wages and Hours administers and enforces Kentucky's minimum wage, overtime, wage payment, lunch and rest period, payroll deduction and wage discrimination laws, and it investigates employee complaints about them. Complaints go in through the Cabinet's own online complaint system.

source ↗Not yet checked against the statute.

Which court hears a case like this in Kentucky?

which court

Small claims division of the District Court

source ↗Not yet checked against the statute.

How much can you sue for in Kentucky small claims court?

small claims limit

$2,500

source ↗Not yet checked against the statute.

exceptions: The lowest limit in the country, and it has not moved since 1976. Libel, slander, alienation of affections, malicious prosecution and abuse of process cannot be heard here at any amount. Above $2,500 the case goes to the District Court itself, not nowhere.

source ↗Not yet checked against the statute.

What else should you know in Kentucky?

also

The seventh-day law is separate from the minimum wage law, which is why it is missed. It turns on working all seven days, so a week of six long days does not reach it however many hours it ran to.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Kentucky. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

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