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As a human resource professional or employer in Kentucky, you'll be expected to fully comply with the laws guaranteeing Kentucky employee rights. Finding these laws is as easy as accessing any one of the state's numerous websites, some of which provide a ready link to the statutes themselves and others, which offer help to business owners seeking to abide by these laws.
Kentucky labor laws resemble those in other states to the extent that they protect the rights of children who hold jobs, guarantee minimum wages to public and private sector employees and prohibit any kind of discrimination in the hiring, training, promotion and termination of employees. Online sources that will help you design a Kentucky labor and employment law education and training program for your employees include:
1. Begin your study with direct reference to statutes and official sources of Kentucky employment laws.
2. Deepen your understanding of Kentucky Labor and Employment Law when you read what practicing attorneys are saying about it.
3. Complete seminars on Kentucky labor laws to ensure that you understand how to implement these laws in your company's hiring practices.
Action Steps
The best contacts and resources to help you get it done
Educate yourself using key statutes and official sources of Kentucky labor laws
Comprehensive educational programs cannot ignore the key statutory sources for Kentucky labor and employment laws. Find out about laws enforcing child labor, minimum wage, overtime pay and vocational rehabilitation.
I recommend: The Kentucky Labor Cabinet explains how it implements the state's wage laws and ensures the state's training and apprenticeship programs comply with the labor statutes. The Kentucky Office of Vocational Rehabilitation will assist any business that seeks to hire disabled workers. The State, Federal & OSHA Labor Law Posters present a summary of regulations regarding minimum wage, rest and lunch periods for public and private employees. The Kentucky New Hire Reporting Center explains the requirement that corporations must report their new hires.
Expand your knowledge through blogs that Kentucky labor law attorneys write
Ensure that your staff's educational opportunity allows them to hear the employees' viewpoint. Find out if there are laws prohibiting companies from changing benefits after a certain period of employment and whether Kentucky law requires certain employers to pay sick time.
I recommend: Blog posts at Labor Law Talk feature stories by public and private employees who want to share their employment experiences while at the same time discovering whether their employers have violated Kentucky employment laws. Kentucky Law Reviews features commentaries by legal professionals on recent court opinions related to employment law. The Chronicle of Higher Education has a news blog page where professionals and non-professionals comment upon timely issues involving labor law.
Enhance your study of employment laws in Kentucky through formal course work and seminars
Provide an educational experience that ensures your staff understands how to create a harassment-free workplace and how to ensure that your human resource policies do not conflict with Kentucky labor laws as to wages, benefits, training and terminations.
I recommend: Check Training and Seminars for upcoming events in Lexington, Kentucky which offer you the chance to learn state employment law from professionals. Attend seminars posted on Seminar Information.com, which relate to topics like handling adverse employee behavior in the workplace.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Experts on employment laws in Kentucky urge companies doing business there to encourage their human resource staff to learn techniques that help prevent problems in the workplace before they reach the level of potential litigation.
Labor laws in Kentucky have commonwealth-specific requirements and rules. Kentucky labor law attorneys have the experience and expertise to evaluate the claims and circumstances of the full range of worker grievances. These include wrongful terminations, overtime disputes, whistleblowers, sexual harassment, and age discrimination or other bias claims.
You want a firm whose attorneys are well versed in the intricacies and nuances of Kentucky labor and employment law. Moreover, you want an attorney who has won cases that address Kentucky labor laws, especially the types of decisions that apply directly to you. As you search for Kentucky labor and employment law attorneys, keep these factors in mind:
1. Check out resumes or biographical profiles of lawyers practicing KY employment law
2. Weigh the virtues of a large-staff powerhouse firm against a smaller, more accessible firm
3. Ask about payment options, considering up-front costs versus scenarios involving settlement percentages
Action Steps
The best contacts and resources to help you get it done
Browse professional legal organizations and client-attorney matching services
Client-attorney matching sites prompt you for case specifics to align you with a suggested KY employment law firm in your locale. Local organizations of attorneys also make referrals of Kentucky labor law attorneys.
I recommend: LegalMatch's free confidential service targets attorneys by specialty and location. The Kentucky Bar Association offers lawyer referral and lawyer locator services that lead you to firms knowledgeable about employment laws in Kentucky.
Focus on local attorneys with success in addressing issues involving Kentucky employment laws
Employment laws in Kentucky hold employers to specified standards of behavior. A law firm that fully understands Kentucky labor laws typically also has local relationships to help advocate successfully on your behalf.
I recommend: For workers seeking protection under various whistleblower protector statutes, the Caudill Law Office has a national reputation with a local KY presence. The firm of Denise Brown, Attorney at Law specializes in litigation and mediation regarding Kentucky employment laws. The firm's attorneys have experience in cases involving age, race and gender discrimination as well as disability claims. The firm represents clients at hearings and has Spanish language capabilities.
Contact a Kentucky labor law attorney with specific acumen in your area of concern
Kentucky employee rights receive protection under specific statutes. Select a firm with demonstrated experience in the practice area your circumstances dictate. A Kentucky employment law firm with expertise in litigating your area of concern will provide the most realistic advice for your case. Learn about your candidate firms through online profiles, case studies or an initial consultation, which is often free.
I recommend: Firms who know labor laws in Kentucky include Miller & Falkner, which charges no fee unless you win or settle your case. Garmer & O'Brien specializes in representing workers in the construction and mining industries.
Know the labor laws in Kentucky
Kentucky statutes govern wages and hours, child labor and more Kentucky employee rights issues.
I recommend: Read the Kentucky labor and employment law statutes under the heading "Labor and Human Rights" at the Kentucky Legislature site.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Read online client testimonials on law firm websites, or email prospective firms and insist they provide you with client testimonials relevant to your case.
The purpose of Kentucky labor laws is to make certain that employers treat their staffs fairly. State and federal agencies are bound by laws regarding labor and employment to protect the welfare of employees and promote their stable and beneficial relationships with employers.
As you research Kentucky labor and employment laws for compliance purposes, you may come across some terms or regulations that need further explanation. This article covers a few of the more common labor law key terms.
Action Steps
The best contacts and resources to help you get it done
Overtime
In Kentucky, overtime refers to any amount of time an employee works over the typical 40-hour work week or works more than six days within one week's time. Employers in Kentucky must pay overtime as time-and-a-half per hour. In other words, an employee that makes $8 per hour, would receive $12 an hour for overtime, or one-and-one-half times his regular hourly rate.
I recommend: The Kentucky Legislature provides more information regarding seventh-day overtime regulations in Kentucky.
Minimum wage
Minimum wage is the minimum amount an employee must receive as compensation for work on an hourly basis. There is a minimum wage in place on a state and federal level. As a general rule, whichever minimum wage is higher is the wage paid to Kentucky employees.
I recommend: Visit the Kentucky Labor Cabinet's Wage and Hour Regulations page for more information on minimum wage and other state compensation laws.
Child labor
Child labor laws are in place in Kentucky to protect children from being overworked. A child must be at least 14 years old before he or she can work. There are also strict limitations and regulations in place regarding the hours and time periods that minors from age 14 to 17 can work for an employer.
I recommend: The Kentucky Labor Cabinet provides the specific regulations regarding the employment of a minor in Kentucky.
Work Comp
Work Comp, the colloquial version of workers' compensation, is the division of state and local governments that handles claims against employers resulting from an employee's injury sustained while working. It is a requirement that all businesses with employees maintain workers' compensation insurance to protect their businesses and the rights of their employees to benefits in case of an injury.
I recommend: The Kentucky Department of Workers' Claims website provides more information on the work comp regulations and process. The EDI page provides a list of key terms and acronyms used by the Work Comp Department.
New hire reporting
The Personal Responsibility and Work Opportunity Reconciliation Act, a federal law put into practice by Congress in 1996, requires employers in all 50 states to report new hires or rehires to a state directory.
I recommend: Visit the Kentucky New Hire Reporting Center for answers to frequently asked questions on the subject, including information on how to report your new hires.
Kentucky Occupational Safety and Health Review Commission (KOSHRC)
The Kentucky Occupational Safety and Health Review Commission establishes, maintains and enforces regulations in accordance with the federal Occupational Safety and Health Administration (OSHA) in order to protect the Kentucky work force.
I recommend: Access the Kentucky Occupational Safety and Health Review Commission rules of procedure.
Labor laws in Kentucky regulate how companies conduct their business. Large and small businesses alike must meet certain standards set by federal and state agencies that define a fair labor policy.
Kentucky labor law attorneys assist state agencies in making sure that businesses know their responsibilities as employers. For example, not only must Kentucky businesses ensure a safe working environment where employees feel they are protected against discrimination, they must also do their best to ensure an employee’s physical health is not jeopardized while at work. There are also laws requiring minimum pay and workers’ compensation insurance. Check out these popular sources discussing Kentucky labor and employment law for beginners:
1. Get to know Kentucky labor laws for minimum wage and workers compensation.
2. Learn how employment laws in Kentucky regulate the working environment of businesses in the state.
3. Understand the Kentucky employee rights that protect workers from unlawful termination.
Action Steps
The best contacts and resources to help you get it done
Become familiar with employment laws in Kentucky requiring minimum pay and insurance
Kentucky has both a minimum wage law and a 7th day overtime law requiring employers to compensate workers who have completed seven work days in one week. Family and medical leave is a federal law Kentucky stands by. It allows employees to take as much as 12 weeks unpaid leave for certain reasons. The Kentucky Department of Workers' Claims is responsible for implementing the state's workers' compensation program so that workers injured on the job get maximum coverage that state law allows.
I recommend: The Department of Labor site gives rates for the minimum wage in Kentucky and the 7th day overtime provision. Go to Kentucky Personnel Cabinet to find out how Kentucky labor law has enhanced the federal Family & Medical Leave Act. Kentucky gives an overview of the state’s workers’ compensation program.
Learn how Kentucky employment laws control the work environment of Kentucky businesses
As you advance in your study of Kentucky labor and employment law for beginners, you'll find out that Kentucky employers are required by law to display posters informing employees of minimum wage standards and unemployment insurance benefits. Kentucky law also follows federal OSHA standards mandating how businesses must create job safety programs. Employers in Kentucky are prohibited from discriminating against employees when it comes to race, sex, national origin, age or marital status.
I recommend: Government Poster explains what Kentucky businesses must do to ensure they are complying with labor law posting requirements. Go to the OSHA website to learn how The Kentucky Occupational Safety and Health Program oversees the state’s OSHA program. Get access to the Kentucky Equal Opportunities Act at the Kentucky Legislature website.
Understand Kentucky labor and employment law protections against unlawful termination
Kentucky subscribes to the 'at will employment' doctrine, allowing both employer and employee to dissolve their relationship for almost any reason. Employers are not permitted to consider an employee's race, sex, age or other personal status when making decisions about hiring, firing, promoting or providing benefits. Likewise, if an employee has filed a claim against an employer he believes is violating federal or state law, his employer cannot retaliate against him.
I recommend: Lawyers.com explains the specifics of Kentucky’s “at will employment” doctrine. Robert A. Klinger offers sound advice for avoiding lawsuits based on wrongful discharge. Kentucky Employment Law provides decisions from the Court of Appeals demonstrating that state law protects employees considered whistleblowers from being wrongfully terminated.


