KentuckyOvertime Rules & Laws (2026)
Last updated: 2026-03-27
Summary: Kentucky has its own overtime law that is stricter than federal FLSA. Overtime required after 40 hours per workweek at 1.5x regular rate. Salary exemption threshold: $684/week ($35,568/year).
What are the overtime rules in Kentucky?
| Weekly Threshold | 40 hours |
|---|---|
| Daily Overtime? | NoOnly weekly overtime applies |
| Overtime Rate | 1.5x regular rate |
| Follows FLSA? | State lawStricter than federal FLSA |
How does Kentucky differ from federal overtime rules?
Kentucky has its own overtime law (KRS 337.285) requiring 1.5x after 40 hours per workweek. Kentucky law also requires overtime for the 7th consecutive day worked in a workweek. This 7th-day rule is stricter than FLSA.
How to Calculate Overtime in Kentucky
Example 1: Hourly employee works 45 hours in one week at $20/hr
40 x $20.00 = $800.00 (straight time) + 5 x $30.00 = $150.00 (overtime at 1.5x)
Total pay: $950.00
Example 2: Hourly employee works 50 hours in one week at $15/hr
40 x $15.00 = $600.00 (straight time) + 10 x $22.50 = $225.00 (overtime at 1.5x)
Total pay: $825.00
Example 3: Salaried non-exempt employee earns $800/week, works 48 hours
$800.00 (salary for 40 hrs) + 8 x $10.00 = $80.00 (overtime premium — half-time method)
Total pay: $880.00
Calculate Your Overtime Pay
Enter your details below to see a breakdown of regular, overtime, and total pay.
This assumes a non-exempt hourly employee. Exempt employees are not entitled to overtime. This calculator provides estimates only — actual pay may vary based on shift differentials, piece rates, bonuses, or other factors. Not legal or payroll advice.
What Counts as "Hours Worked" in Kentucky?
Under Kentucky law, the following time must be counted as hours worked for overtime purposes:
- •All time an employee is required to be on the employer's premises or at a prescribed workplace
- •On-call time when the employee is required to remain on or near the employer's premises (not free to use time for personal purposes)
- •Travel time during the workday between job sites (not normal home-to-work commuting)
- •Training, lectures, and meetings if attendance is mandatory or practically required by the employer
- •Meal breaks shorter than 30 minutes, or meal periods where the employee is not completely relieved of duties
- •Time spent donning and doffing required protective equipment or uniforms if integral to the job
- •Waiting time or idle time if the employee is engaged to wait (as opposed to waiting to be engaged)
Who is Exempt from Overtime in Kentucky?
| Salary Threshold | $684/week ($35,568/year) — federal FLSA minimum |
|---|---|
| Exempt Categories | Executive, administrative, professional (follows FLSA exemption categories) |
| Industry Exemptions | Agriculture, retail/service establishments with specific sales volume exemptions, certain seasonal amusement workers |
Overtime Exemption Categories Explained
| Category | Requirements |
|---|---|
| Executive | Salary $684+/week; primary duty is managing the enterprise or a department; customarily directs 2+ full-time employees; authority to hire/fire or recommendations carry weight |
| Administrative | Salary $684+/week; primary duty is office or non-manual work related to management/business operations; exercises discretion and independent judgment on significant matters |
| Professional (Learned) | Salary $684+/week; primary duty requires advanced knowledge in a field of science or learning customarily acquired by prolonged specialized intellectual instruction (e.g., law, medicine, engineering) |
| Professional (Creative) | Salary $684+/week; primary duty requires invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor |
| Computer Employee | Salary $684+/week or hourly rate of $27.63+; work as computer systems analyst, programmer, software engineer, or similar; primary duties involve systems analysis, design, development, or testing |
| Outside Sales | No salary requirement; primary duty is making sales or obtaining orders/contracts; customarily and regularly works away from the employer's place of business |
| Highly Compensated Employee | Total annual compensation of $107,432+; performs at least one exempt duty of an executive, administrative, or professional employee; customarily performs office or non-manual work |
Must I Pay Unauthorized Overtime in Kentucky?
Yes — you must pay for all overtime worked, even if unauthorized.
Employers must pay for all overtime worked, even if it was not authorized or was expressly forbidden. An employer may discipline an employee for violating a policy against unauthorized overtime, but cannot withhold pay for hours actually worked. Failure to pay for unauthorized overtime is a wage violation under the FLSA.
Common Overtime Violations to Avoid in Kentucky
These are the most common overtime mistakes employers make in Kentucky. Avoiding them protects your business from costly lawsuits and penalties.
- 1.Misclassifying non-exempt employees as exempt (especially by title alone without meeting salary and duties tests)
- 2.Requiring or permitting off-the-clock work (answering emails, setting up before shifts, cleaning up after shifts)
- 3.Averaging hours across two or more workweeks instead of calculating overtime for each individual workweek
- 4.Improperly rounding time entries in a way that consistently favors the employer
- 5.Failing to include bonuses, commissions, and shift differentials in the regular rate when calculating overtime
- 6.Providing comp time instead of overtime pay (allowed for government employers, not private sector under FLSA)
Penalties for Overtime Violations in Kentucky
Federal FLSA penalties apply: back pay for unpaid overtime plus an equal amount in liquidated damages (effectively double back pay). Willful violations carry a 3-year statute of limitations (vs. 2 years for non-willful). Employers may also face civil penalties of up to $2,451 per violation. Repeated or willful violators can face criminal prosecution with fines up to $10,000 and imprisonment.
What Kentucky Employers Need to Know
- •Kentucky requires overtime at 1.5x after 40 hours per workweek
- •Kentucky also requires overtime for the 7th consecutive day worked in a workweek
- •The 7th-day overtime rule makes Kentucky stricter than FLSA in this regard
- •No daily overtime requirement (except the 7th-day rule)
- •Agricultural workers are exempt from Kentucky overtime
Frequently Asked Questions
Does Kentucky have a 7th-day overtime rule?
Yes. Kentucky law requires employers to pay overtime (1.5x) for all hours worked on the 7th consecutive day of a workweek, regardless of total weekly hours.
Is Kentucky overtime law stricter than FLSA?
In one way, yes: the 7th consecutive day rule goes beyond FLSA. Otherwise, Kentucky's 40-hour weekly threshold matches federal law.
Official Kentucky Resources
Related Resources on This Site
More for your state
- GuideKentucky small business guide
- Workers' CompKentucky workers comp requirements
- Business LicenseKentucky business license requirements
- LLChow to form an LLC in Kentucky
- Sales TaxKentucky sales tax rates & rules
- Minimum WageKentucky minimum wage
- Sick LeaveKentucky paid sick leave requirements
- Required BenefitsKentucky required employee benefits
Helpful guides
- 1099 vs W-21099 vs W-2 — when to use each
- No Income Taxno income tax states for businesses
- Minimum Wageminimum wage by state
- Payrollpay stub requirements by state
Compare Other States
This is general information, not legal advice. Requirements change — always verify with the official state agency or a qualified employment attorney. Sources: Kentucky Labor Cabinet — Division of Wages and Hours, U.S. Department of Labor.