Kentucky employment law overview

Kentucky has laws that provide greater protections to employees than federal law, including health care continuation coverage obligations for smaller employers and leave for volunteer emergency responders, but generally follows federal law with respect to topics such as the minimum wage and occupational safety. 

Select Kentucky employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Kentucky employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Kentucky Civil Rights Act (KCRA) prohibits discrimination based on protected characteristics, including but not limited to: 

• Race; 
• Color; 
• National origin; 
• Age; 
• Religion; 
• Sex (including pregnancy, childbirth and related medical conditions); and 
• Disability. 

The KCRA also prohibits harassment and retaliation. 

The KCRA generally applies to employers with eight or more employees, but for disability discrimination purposes, the law applies to employers with 15 or more employees. 

The Equal Opportunities Act, which applies to employers with eight or more employees, bars discrimination on the basis of physical disability, HIV, AIDS or AIDS-related complex. 

Equal pay 

Under Kentucky’s equal pay law, an employer with two or more employees may not discriminate between employees in the same establishment based on sex by paying any employee in any occupation wages that are less than any employee of the opposite sex for comparable work on jobs with comparable requirements relating to skill, effort and responsibility. Wage differentials are permissible if paid according to an established seniority or merit increase system. 

Pay transparency  

Kentucky does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions 

Kentucky does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights 

Kentucky does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation 

The Kentucky Pregnant Workers Fairness Act requires an employer with 15 or more employees in the state to provide reasonable accommodations to employees for their own limitations related to pregnancy, childbirth or related medical conditions, including lactation. A reasonable accommodation may include more frequent or longer breaks; job restructuring; and providing a private space that is not a bathroom for expressing milk. 

Breastfeeding breaks 

Kentucky law protects a woman’s right to breastfeed in “any location, public or private, where the mother is otherwise authorized to be.” The statute does not specifically mention employers, but the statute could certainly be construed to place an obligation on employers.

Access to personnel files  

Kentucky law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections 

Kentucky does not have a whistleblower law applicable to private employers. 

Scheduling 

Kentucky does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Kentucky does not currently have laws relating to credit checks, ban the box and E-Verify.

Wage and hour 

Kentucky employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

Kentucky’s minimum wage is $7.25 an hour. If the federal minimum wage is increased, Kentucky’s minimum wage will increase by the same amount. 

Overtime 

Kentucky’s overtime law is consistent with federal law. Kentucky also requires that employees who work all seven days in a workweek be paid overtime for all hours worked on the seventh day if, by the end of that day, the employee has worked more than 40 hours in that workweek. Exceptions apply. 

Meal and rest breaks 

Employees are entitled to a 10-minute paid rest break for every four hours worked and a reasonable meal break near the middle of their shift. Employees may not be required to take their meal break before three hours or after five hours into their shift. 

In addition, minors who work at least five hours are entitled to a meal break of at least 30 minutes. 

Child labor 

Child labor laws in Kentucky restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

Minors under 14 years of age generally may not be employed unless the employment is through a school-sponsored program. 

Minors who are 14 or 15 years of age are prohibited from working in a variety of hazardous occupations, such as manufacturing and warehousing. They are permitted to work in certain retail, food service and gasoline service station jobs. 

Minors who are 16 or 17 years old may work in most occupations except the following: 

• Jobs in any establishment where alcoholic beverages are manufactured, bottled or sold, unless sold in packages incidental to the main business; 
• Occupations in a pool or billiard room; and 
• Occupations listed in federal regulations as especially hazardous to the employment of minors. 

Minors who are 16 or 17 years old may work: 

• No more than 30 hours in any workweek when school is in session (up to 40 under certain circumstances); 
• No more than six hours in any school day; 
• No more than eight hours in any nonschool day; 
• Between 6 a.m. and 10:30 p.m. on days preceding a school day; and 
• Between 6 a.m. and 1:00 a.m. on days preceding a nonschool day when school is in session. 

Exceptions apply if a parent or legal guardian gives written permission. 

Minors under the age of 16 may not work: 

• During regular school hours, unless they have graduated from high school or are enrolled in a work-training program; 
• More than 40 hours per week and eight hours per day when school is not in session; 
• More than 18 hours per week and three hours per day when school is in session; 
• Before 7:00 a.m. or after 7:00 p.m. (9 p.m. from June 1 through Labor Day). 

Pay and benefits 

Kentucky employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

Kentucky employers may pay wages in cash or with checks that are convertible into cash on demand at a bank at full face value. An employer may pay wages by direct deposit or payroll cards if certain conditions are met. 

Pay frequency and lag time 

All Kentucky employers doing business in the state must pay employees at least semimonthly. Employees must be paid all wages earned no later than 18 days after the end of each pay period. 

Pay deductions 

Employers generally may make deductions from employees’ pay that are: 

• Authorized by local, state or federal law; 
• Expressly authorized in writing by the employee to cover insurance premiums, hospital and medical dues, or certain other deductions; 
• For union dues; 
• For retirement plans; or 
• For uniforms. 

Pay statements 

An employer with 10 or more employees must provide each employee with a pay statement at the time wages are paid that specifically states the amount and general purpose of each deduction. 

Wage theft 

Kentucky does not have a wage theft law applicable to private employers. 

Health care continuation 

Kentucky’s health care continuation law requires fully insured Kentucky group health care plans issued to allow continuation of coverage for up to 18 months for the covered member and dependents. 

Temporary disability insurance 

Kentucky does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Kentucky employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

Kentucky does not have a state family and medical leave law applicable to private employers. 

Paid sick leave 

Kentucky does not have a state paid sick leave law applicable to private employers. 

Other time off requirements 

Kentucky has laws related to time off and leaves of absence, including but not limited to:

• Adoption leave; 
• Court attendance leave; 
• Jury duty leave; 
• Voting leave; 
• Election official leave; 
• Military leave; and 
• Emergency responder leave. 

Health and safety 

Kentucky employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Kentucky is a State Plan state. The Kentucky Occupational Safety and Health Program applies to all employees, both private and public, except for federal government employees and employees that are under the jurisdiction of a federal agency besides OSHA, such as the Mine Safety and Health Administration or the Federal Railroad Administration. 

Drug and alcohol testing 

Kentucky employers may establish their own drug and alcohol testing policies and require employees and job applicants to submit to such tests as a condition of employment, as long as the testing program and subsequent actions based on test results comply with the ADA, the Kentucky Civil Rights Act, the Kentucky Equal Opportunities Act, collective bargaining agreements and other laws that protect workers from discrimination or violations of privacy. 

Smoke-free workplace 

There are no requirements for private employers related to smoking in the workplace in Kentucky.

Weapons in the workplace 

Kentucky allows employees to keep legally concealed firearms and ammunition in their personal vehicle even on an employer’s property. Employees also have the right to remove the gun from their car to defend themselves, someone else or the employee’s property. 

Safe driving practices 

Kentucky prohibits texting while driving. 

Organizational exit 

Kentucky employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

Employees who either are terminated or resign from employment must be paid in full by the later of the next normal pay period or 14 days after the termination or resignation. 

All wages owed to a deceased employee must be paid to the surviving spouse or, if there is none, to surviving children or to their guardian if they are minors. Before payment can be made, a determination must be made that there is no will providing for distribution of the wages otherwise, and that the value of the estate does not exceed $30,000. 

Mass layoffs 

Kentucky does not have its own version of the federal WARN Act. 

AI in employment 

Kentucky does not have a law related to AI in employment applicable to private employers.