PAYMENT OF REGULAR WAGES
LOUISVILLE EMPLOYMENT ATTORNEY RON ASLAM
In addition to ensuring that hourly workers receive proper overtime pay, both the Federal Fair Labor Standards Act (FLSA) and the Kentucky Wage and Hour laws protect workers’ rights to receive regular wages from their employers. Wages are defined as “any compensation due to an employee by reason of his employment.” Wages include hourly pay, salaries, commissions, vacation pay, overtime pay, severance pay, and earned bonuses. Employers cannot withhold or deduct any amount from your wages unless authorized by law. Unless an employee is specifically exempted from the law, employers must comply with the following requirements:
– Every employer doing business in Kentucky must compensate its employees as often as semi-monthly all wages earned to a day not more than 18 days prior to the date of payment.
– If an employee is absent from work on the regular payday and does not receive his or her wages, the employer is required by law to pay the wages within 6 days upon demand from the employee.
– If an employee leaves employment or is otherwise terminated from employment, the employer must pay all wages due no later than the next regular pay period or 14 days from the date of termination whichever occurs later. If the employee is absent at the time of payment and does not receive payment, then the employer must pay all wages within 14 days upon the employee’s demand.
– An employer may not withhold any part of the agreed upon wage except as authorized by state or federal law unless a deduction for the purpose of covering insurance premiums or union dues is expressly authorized by the employee in writing or under the terms of a collective bargaining agreement.
– An employer may not deduct fines, cash shortages, breakage, losses from the acceptance of bad checks, or other losses due to defective workmanship, lost or stolen property, damage to property, or nonpayment by the customer.
– An employer may not require an employee to remit any gratuity except for withholdings required by state and federal law.
– An employer may not require the pooling of tips. However, employees may agree to voluntarily pool their tips.
– An employer who employs 10 or more people must furnish the employee with a statement specifically itemizing any amount deducted from the wages at the time of payment.
If your employer has failed to pay the regular wages you are owed, you may be entitled to compensation. Each violation of the labor laws constitutes a separation violation. The law provides that you are entitled to your wages plus an equal amount of liquidated damages and attorney fees. Violations of the FLSA and Kentucky wage laws are taken very seriously. The FLSA and Kentucky law also forbids employers from retaliating against employees for asserting their rights. Call Louisville Employment Attorney, Ron Aslam, at 502.536.7981 to ensure your rights are protected and that you receive the compensation you deserve.