Kentucky Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act

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Section 16(b) of Fair Labor Standards Act is found in 29 U.S.C. 201, et seq. The Fair Labor Standards Act (FLSA) is a federal act that is sometimes referred to as the minimum wage law. It also deals with child labor, overtime pay requirements, and equal pay provisions. to be shipped in interstate commerce. Coverage of the FLSA is very broad. Almost all businesses could be said to be involved in interstate commerce in some way. Exemptions to the Act are very specifically defined.


A corporate employer obviously can be liable under the Act, but individual officers can also be held liable. Anyone who actively participates in the running of the business can be liable. Payment of unpaid wages plus a penalty is the usual penalty for violation of the minimum wage or overtime provisions of the Act. However, fines of up to $10,000 and/or imprisonment for up to six months are possible for willful violations. A willful violation of the Act occurs when you know that you are clearly violating the Act but do it anyway.


Enforcement of the FLSA can result from an employee filing a complaint with the Wage and Hour Dept. of the Department of Labor or by the Dept. of Labor initiating its own investigation. Random audits are not uncommon, but audits generally result from a formal or informal complaint of an employee. Employers are prohibited by the FLSA from firing an employee for making a complaint or participating in a Dept. of Labor investigation.


The FLSA requires that nonexempt employees be paid 1.5 times their regular rate of pay for time work in excess of 40 hours. Salaried employees also are entitled to overtime payment unless they come under one of the white collar exemptions. To compute overtime payment due to a salaried employee, you divide their regular wage (figured as a weekly wage) by the number of hours they normally work in a week and then multiply it by 1.5 to get the amount they would receive for hours worked in excess of 40.

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FAQ

Description. Compensatory time off is. Time off with pay in lieu of overtime pay for irregular or occasional overtime work, or. When permitted under agency flexible work schedule programs, time off with pay in lieu of overtime pay for regularly scheduled or irregular or occasional overtime work.

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.

Employees in Kentucky are entitled to a rest break for every four hours worked in a day. The break should be at least 10 minutes long, and all breaks that last less than 20 minutes should be paid. Kentucky employees are also entitled to lunch breaks, if they choose to take them.

The seven-minute rule allows employers to round employee time to the nearest quarter-hour. The seven-minute rule is a payroll rule that allows employers to round down employee time of 1-7 minutes. However, employee work time of 8-14 minutes must be rounded up and counted as a quarter-hour of work.

It is legal to do this in Kentucky, though it does need to be in writing. Employers are allowed to have employees take comp time instead of additional pay.

Kentucky law, employees are entitled to certain leaves or time off, including adoption leave, court attendance leave, election official leave, military leave and emergency responder leave. See Time Off and Leaves of Absence. Kentucky prohibits texting while driving and permits weapons in company parking lots.

In the state of California, workers have the right to be paid fair wages for work. That means employers are legally required to pay at least the minimum wage for the state, which is higher than the federal minimum wage.

Kentucky Overtime Law Summary Hourly: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek. If the employee works seven days in one workweek, they they must be paid time and a half for all time worked on the seventh day of labor.

The FLSA requires that employees whose jobs are designated as nonexempt keep accurate records of time worked, be paid at least minimum wage for all hours worked, and receive an overtime premium for all hours worked in excess of 40 in a workweek.

All comp time has to be paid at least at 1.5 times your regular rate of pay in California. If the hour of work was entitled to a higher rate, like double time, you are entitled to that amount in comp time. You can cash out your comp time, but at your regular rate of pay.

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Kentucky Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act