Kentucky law requires that covered employers pay nonexempt employees overtime in the amount of 1 1/2 times the employee's regular pay rate for hours worked in excess of 40 in a workweek (KY Rev. Stat. Sec. 337.285). Kentucky does not require that overtime be paid for hours worked in excess of 8 per day or on weekends or holidays. Kentucky law does require that overtime be paid to employees who work 7 days in any 1 workweek at the rate of time and one-half for the time worked on the 7th day, except for officers, superintendents, foremen, or supervisors who principally direct or supervise other employees (KY Rev. Stat. Sec. 337.050). This provision applies only when the employee is permitted to work more than 40 hours during the workweek. In that case, the employer may credit against the overtime paid for hours worked on the 7th day against the amount owed for regular overtime after 40 hours in a week.
Because the federal Fair Labor Standards Act (FLSA) applies to virtually all enterprises involved in interstate commerce, most Kentucky employers are covered by the federal law. Employers that are covered by both state and federal law must comply with the law that sets the higher standard of protection for employees.
Note: Employers are not required to pay overtime for hours worked in excess of 8 hours per day or for work on Saturdays, Sundays, or holidays. Overtime is required when an employee works a total of 40 hours or more during the workweek and, in certain instances, when an employee works 7 consecutive days in a workweek.