KENTUCKY
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professional before taking any action you believe may result in liability or litigation.  Nothing on this site
creates an express or implied contract.  While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis.  This site is for informational purposes only.  
Meals and Break

Kentucky employers must provide employees with a rest period of at least 10 minutes
during each four hours of work. The rest period is a paid break.
KY Div. of Employment
Standards Regulations.

Employers must also provide a reasonable period for a meal no sooner than the third nor
later than the fifth hour of a work shift unless it has mutually agreed with the employee to
some other arrangement. (“Reasonable” is not defined by law.)  A meal period does not
have to be paid so long as the employee is relieved of all duties during the break.  
KY Div.
of Employment Standards Regulations.
Vacation

In Kentucky, employers are not required to provide employees with vacation benefits, either
paid or unpaid.
KY Office of Workplace Standards FAQs.  If an employer chooses to provide
such benefits, it must comply with the terms of its established policy or employment
contract. See
Berrier v. Bizer, 57 S.W.3d 271 (Kent. Sup. Ct. 2001).

An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See
Berrier v.
Bizer
, 57 S.W.3d 271 (Kent. Sup. Ct. 2001).

An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See
Berrier v. Bizer, 57 S.W.3d 271 (Kent. Sup. Ct. 2001).

An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See
Berrier v. Bizer, 57 S.W.3d 271 (Kent.
Sup. Ct. 2001).

An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. See
Berrier v. Bizer, 57 S.W.3d 271 (Kent. Sup. Ct. 2001).

An employer may cap the amount of vacation leave an employee may accrue over time. See
Berrier v. Bizer, 57 S.W.3d 271 (Kent. Sup. Ct. 2001).

An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. See
Berrier v. Bizer, 57 S.W.3d 271 (Kent. Sup. Ct. 2001).
Severance

Kentucky law does not require employers to provide employees with severance pay.  If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays

Kentucky law does not require employers to provide employees with either paid or unpaid
holiday leave.
KY Office of Workplace Standards FAQs.  In Kentucky, an employer can
require an employee to work holidays.  An employer does not have to pay an employee
premium pay, such as 1 1/2 times the regular rate, for working on holidays, unless such
time worked qualifies the employee for overtime under standard overtime laws.  If an
employer chooses to provide either paid or unpaid holiday leave, it must comply with the
terms of its established policy or employment contract.
Minimum Wage

Kentucky's current minimum wage is $7.25. KY Div. of Employment Standards
Regulations.  Some exceptions apply to Kentucky's minimum wage requirements.

An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at
$7.25.  See FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime

Kentucky requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate when they work more than 40 hours in a workweek, unless otherwise exempt.
KY Div.
of Employment Standards Regulations.

Kentucky also requires employers to pay employees overtime at the rate of 1 1/2 time their
regular rate for all hours worked on the seventh day when an employee works 7 days in a
workweek.
KY Div. of Employment Standards Regulations.

See
FLSA: Overtime for more information regarding overtime requirements.
Sick Leave

Kentucky law does not require employers to provide employees with sick leave benefits,
either paid or unpaid.  An employer in Kentucky may be required to provide an employee
unpaid sick leave in accordance with the
Family and Medical Leave Act or other federal
laws.
EmploymentLawHandbook.com
Your Employment and Labor Law Resource
E
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Wage and Hour Laws
for Private Sector Employers
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TOPICS COVERED (Scroll down for detailed information):

  •  Minimum Wage
  •  Overtime
  •  Meals and Breaks
  •  Vacation Leave
  •  Sick Leave
  •  Severance Pay
  •  Holiday Leave
  •  Jury Duty
Jury Duty

An employer is not required to pay an employee for responding to a jury summons or
serving on a jury.

An employer may not discharge, penalize, threaten, or otherwise coerce an employee who
receives and/or responds to a jury summons or who serves on a jury.
Kentucky Stat. 29A.160