Employers must follow both federal and Kentucky state labor rules in Kentucky. These laws grant employees a range of rights to prevent them from being taken advantage of.
An employee may file a lawsuit against their company if they believe they were unlawfully terminated, discriminated against, or not paid for the work they completed. Our Kentucky employment law attorneys have compiled the fundamentals of Kentucky employment law to assist workers.
Kentucky has laws that offer employees more protections than federal law, such as requirements for smaller employers to continue providing health insurance and leave for volunteer emergency responders, but generally adheres to federal law with regard to issues like the minimum wage and workplace safety.
To assist an employer in understanding the variety of employment regulations influencing the employer-employee relationship in the state, a summary of a few Kentucky employment requirements is provided below. Federal and state laws must both be followed by an employer.
In addition to abiding by state and federal laws, an employer must also follow applicable local laws that impact the employment relationship.
The following Kentucky laws regarding EEO, diversity, and employee relations.
The Kentucky Civil Rights Act (KCRA) forbids discrimination based on certain categories of people, such as race, color, national origin, age, religion, and sex (including pregnancy, delivery, and circumstances linked thereto), as well as disability. The KCRA forbids retaliation and harassment as well.
Employers with 15 or more employees are subject to the KCRA’s disability discrimination provisions, even though the law normally only applies to those with eight or more employees.
Discrimination based on physical impairment, HIV infection, AIDS, or AIDS-related complex is prohibited under the Equal Opportunities Act, which applies to companies with eight or more employees.
According to Kentucky’s equal pay statute, an employer with two or more employees is prohibited from discriminating against employees in the same institution based on their sex by paying one sex less than the other for work that is comparable in terms of talent, effort, and responsibility. If paid in accordance with a seniority or merit raise system that has been created, wage differentials are acceptable.
Employers in Kentucky with 15 or more employees are required by the Kentucky Pregnant Workers Fairness Act to make reasonable accommodations for their staff members’ limitations caused by pregnancy, childbirth, or other related medical problems, including lactation. More frequent or longer breaks, employment changes, and the provision of a private area other than a bathroom for expressing milk are examples of reasonable accommodations.
Be aware that compliance with the legislation that provides the employee with the most rights or benefits will often apply where there is a conflict between federal, state, or local laws.
Employees are entitled to a reasonable food break in the middle of their shift as well as a 10-minute paid rest break for every four hours worked. Employees may only be compelled to take a food break before or after five hours into their shift.
Kentucky’s child labor laws include limitations on the types of jobs children can hold and the hours and days they can work.
In general, minors under the age of 14 are not allowed to work unless it is part of a program authorized by their school.
Many dangerous professions, including manufacturing and warehousing, are off-limits to minors under the age of 14 or 15. They are allowed to work in a few retail, restaurant, and gas station positions.
Except for the following, minors 16 or 17 years old may work in most occupations:
16- and 17-year-old minors may work:
An exception may be made if a parent or legal guardian grants written approval.
U.S. employees are shielded from discrimination by Title VII of the Civil Rights Act of 1964 on the grounds of race, color, national origin, sex (including pregnancy), disability, age, genetic information, citizenship status, and religion. The Civil Rights Act also includes protections for gender identity and sexual orientation.
Employers are prohibited from treating a worker unfairly for several reasons under Kentucky’s Civil Rights Act, including:
Another typical problem with employment law that workers encounter is wage infractions. The Kentucky wage and hour regulations are listed below.
Employers in Kentucky are required to pay their employees a minimum wage of $7.25 per hour. To be paid at least the minimum wage, tipped employees are exempt. If workers receive gratuities in addition to earnings, they may be paid less than the federal minimum wage as long as they still make at least $7.25 per hour. In Kentucky, tipped employees must be paid at least $2.13 per hour, but the employer must make up the difference if they aren’t paid at least $7.25.
The Federal Fair Labor Standards Act mandates that employers give non-exempt workers overtime pay. Non-exempt workers in Kentucky are entitled to overtime pay if they put in more than 40 hours a week or work seven days in a row.
For every four hours worked, companies in Kentucky are required to permit workers to take a brief (less than 20 minutes) paid break. Workers are entitled to an unpaid lunch break when working any shift longer than five hours. You may be able to file a claim for unpaid wages if your employer forbids you from taking breaks or forces you to work during your lunch break.
You have legal protections if you’re a victim of sexual harassment at work. Both state and federal laws forbid sexually harassing a worker. When a workplace is unfriendly due to its sexual aspect, sexual harassment takes place. Sharing sexually explicit photos, making specific remarks or jokes, or even simply touching someone can cause this.
It is known as wrongful termination when your company fires you without a valid reason. For instance, terminating a worker for discriminatory reasons or as a form of sexual harassment may be considered wrongful termination. Another kind of wrongful termination is when an employer terminates a person for filing a written or verbal complaint about their employment.
Because Kentucky is an “at-will” state, wrongful termination cases might be challenging. As a result, companies may lawfully fire a worker for virtually any reason or without justification.
However, you might have a wrongful termination case if you were fired for any of the reasons above.
You should contact a Kentucky labor attorney right away if you have concerns about your rights as an employee. A lawyer will assist you in developing your case and act as your advocate in negotiations or court.
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