Kentucky Employment Lawyer Blog

The Kentucky Court of Appeals ruled in favor of Louisville, Kentucky firefighters in their claim filed with the Kentucky Department of Labor--Wage and Hour Division to receive back pay from the Louisville Metro Government for unpaid overtime.

The Kentucky Court of Appeals affirmed the ruling of the Jefferson Circuit Court that found Louisville Metro Government in violation of the firefighters' contract by not adding incentive and longevity pay into calculations for overtime pay for a 15 year period.

The 800 firefighters could be entitled to receive $7.6 million plus interest for the government's violation. This amount is in addition to an award of $19.7 million received in a second action filed in Jefferson Circuit Court by Louisville firefighters covering a five year period.

For more information on this ruling read the Louisville Courier Journal article.

Continue reading "Louisville Kentucky Firefighters Entitled to Back Pay" »

As of today, July 24, 2009, the U.S. minimum wage will increase by 70 cents to $7.25 an hour. According to the U.S. Department of Labor Secretary Hilda Solis, this is the third increase in the minimum wage in the last three years and this increase will affect between 3 million and 5 million workers. While many states have their own minimum wages that are already higher than the federal minimum wage and will thus not be affected by this increase, Kentucky and Indiana have both set their minimum wage to be the same as the federal minimum wage. Therefore employees in Kentucky and Indiana who earn the minimum wage will soon see an increase to their paychecks.

The previous federal minimum wage (and therefore the Kentucky and Indiana minimum wage) was $6.55 an hour. Therefore, employees in Kentucky and Indiana who receive the 70 cent an hour increase will receive an additional $28 per week (assuming a 40 hour work week). To see the minimum wage of other states you can visit the U.S. Department of Labor.

If you feel that you are not receiving the new minimum wage you can contact the Department of Workplace Standards of the Kentucky Labor Cabinet at (502) 564-3070 or contact an employment lawyer at Miller and Falkner.

While the hotel chain Motel 6 claims that they will "keep the light on" for its customers, it might be doing so at the expense of and without properly paying its employees.  That is what three employees of the Motel 6 chain in California have claimed in their lawsuit filed April 22, 2009.  In the complaint, the three employees allege that they were discriminated against and harassed, forced to skip breaks and work overtime without pay.  Specifically, the complaint stated that the motel is "understaffed to the point that employees were and are required to work through their rest and meal periods and are required to work, but are not paid, overtime."  A similar complaint was filed against the same hotel in December 2008 by four other employees with similar allegations against the hotel.

As the economic downturn continues, more and more employers will be laying off employees and relying on the remaining employees to cover the work.  Under Kentucky law, there are many protections for employees from unlawful employer practices. 

For Example:

No employer shall require any employee to work without a rest period of at least ten (10) minutes during each four (4) hours worked (except those employees who are under the Federal Railway Labor Act).  This rest period is in addition to the regularly scheduled lunch period.  Employers are also not allowed to take a reduction in pay for these rest and lunch periods. 

Many employers also are not allowed to employ an employee for a workweek longer than forty hours unless the employee receives compensation for their employment in excess of forty hours in a workweek at a rate of not less than one and one-half times the hourly rate employer.

It is important that you understand your rights as an employee.  For more information on Kentucky Wage and Hour Laws visit the Kentucky Department of Labor or contact a Wage and Hour attorney at Miller & Falkner.