Kentucky has strict laws guaranteeing financial protection for employees by ensuring they are paid what they have earned. If you have worked for a paycheck, you have every right to fight to ensure you receive it.
If your employer has taken any actions that may violate your rights to a paycheck, it may be necessary to take legal action. Fortunately, there are several avenues for legal remedies in Kentucky.
In Kentucky, employers are required to pay employees once every other week. This is true for hourly workers and salaried ones. An employer can pay employees more frequently, e.g., once a week, but they may not pay them less frequently.
If you are not receiving your paychecks at the specified time, your employer may be in violation of Kentucky paycheck laws. In such cases, it may be necessary to initiate legal action in order to see what type of remedy is available to you.
Kentucky state law has the same requirement for issuing your last paycheck if you decided to quit or were fired. You should receive your last paycheck by either the next payday or within 14 days, whichever comes later.
Like most states, Kentucky labor laws do not require an employer to offer paid vacation or sick days, nor are employers who offer paid time off obligated to reimburse employees for the paid time off they do not take. Thus, if you have unused days when you leave your job, it depends entirely on the company policy of whether you will be paid for those days. If you have an employment contract, check it to see what it provides regarding payment of fringe benefits. If you do not have a contract, check the employee handbook.
Your paycheck can have money taken out of it to pay for your debts, but a court order may be needed before the money can be taken. This is known as “wage garnishment,” allowing the employer to put some of the employee’s wages aside and use them towards debt payment. This is a common type of arrangement that is enforced in cases where the person has outstanding debts.
Under Kentucky law, an automatic garnishment can be placed on your wages for specific debts, including back child support, defaulted student loans, and back taxes. For all other types of debt, such as credit card debt or hospital bills, your creditor has to go to court and ask for a judgment that expressly permits them to garnish your wages. If such a judgment is issued against you, then the court can require that your employer allow money to be taken directly from your check to pay off the debt that you owe.
If you have damaged items on the job while working in Kentucky, your employer cannot just take the money to cover the damage out of your paycheck. Just as with other creditors, your employer will have to get approval from a Kentucky court before they can use your wages to recoup their loss. Similarly, your wages can only be used to cover cash shortages if your employer has gotten a court order to do so or if you have provided written consent to your employer to do that.
If your employer is withholding your paycheck, you have the right to file a complaint with the Division of Wages, Hours, & Mediations of the Kentucky Labor Cabinet. Once a complaint has been filed, the Division of Wages, Hours, & Mediation will investigate and enforce your right to your paycheck.
You can also sue your employer in court for any unpaid wages you should have already received. If you need to sue your employer for missing wages, it will usually be done through a wage and hour lawsuit. This is where the court will review documents like pay stubs and hour logs to determine if there has been a violation. Thus, it may be necessary to provide these documents and other evidence such as statements from other employees or supervisors.
If many workers have had the same problem with their paychecks, a lawsuit may be filed as a class action suit. In a class action suit, a group of people with similar complaints band together and sue the defendant as if they were one plaintiff. If the defendant loses, the defendant will have to make a single large payment to cover all owed to the whole group of people. They will then divide it up amongst the class’s members.
A class action suit can be very helpful if the amount of money you would individually sue for is relatively low – particularly if it is not high enough to be economically practical to file your own personal lawsuit. By uniting your claims with those of your co-workers, you will share all of the costs of bringing a lawsuit with the group members.
Unlike in some states, no Kentucky law stops an employer from charging an employee for work-related expenses like uniforms or tools. So, your employer can lawfully ask you to pay for these things, provided that the cost will not make your earnings fall below minimum wage.
Also, if specific provisions in your employment contract or your employee handbook may affect your wage rights, these are well worth looking into in great detail. Working with an employment law attorney who can review the documents and inform you of your legal rights may be necessary.
All Kentucky employers are prohibited from discriminating against their employees based on race, sex, age, national origin, disability status, gender, pregnancy status, and medical conditions or disabilities.
For example, they can’t withhold a person’s paycheck solely based on their disability or on their age. In cases where discrimination may have been an issue, it is usually necessary to file first with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the matter and prescribe a remedy for the employee. If the EEOC’s actions still do not provide a suitable remedy, it may then become necessary to file a private lawsuit to recover damages caused by the discrimination. This can be a complex matter and may require the assistance of a legal professional.
You can get your paycheck on time and for the correct amount. You should contact a lawyer if you feel your paycheck has been unfairly decreased or you have just not been paid. A Kentucky employment lawyer will fight on your behalf for the paycheck amounts to which you are entitled. When you bring them your problem, an experienced local attorney can help you determine your next steps.
Your attorney will advise you regarding what you should collect as evidence and can help you file a complaint with the necessary agencies. Further, should you take private legal action against your employer, your attorney can initiate a civil lawsuit and represent you in court as needed. Your attorney can provide legal guidance and representation during the process.
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