Can I Sue My Employer for Unpaid Wages in Kentucky?
If your employer isn’t paying you what you’re owed — whether it’s unpaid overtime, missed hours, or wages that never showed up on your paycheck — you don’t have to just accept it. Both federal law and Kentucky law give employees the right to file a private lawsuit to recover unpaid wages, and the remedies are more substantial than most people realize.
Two Laws, Two Paths
Kentucky employees are protected by two overlapping wage and hour statutes. The federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., sets nationwide minimum wage and overtime requirements. Kentucky’s Wages and Hours Act, KRS Chapter 337, provides parallel protections under state law — and in some cases, broader coverage.
You generally have the right to bring a claim under either or both statutes. You don’t need to file a complaint with the Department of Labor or the Kentucky Labor Cabinet first — you can go straight to court with a private lawsuit.
What Counts as “Unpaid Wages”?
The most common wage violations I see include overtime not paid at time-and-a-half for hours over 40 in a workweek, “off-the-clock” work the employer required but didn’t pay for (pre-shift prep, post-shift cleanup, working through lunch breaks, answering emails after hours), final wages not paid after termination — Kentucky law requires payment by the next regular pay period or 14 days after separation, whichever is later (KRS 337.055), and improper deductions from paychecks without proper authorization (KRS 337.060).
What Can You Recover?
Unpaid wages. The actual wages you should have been paid, including overtime premium.
Liquidated damages. Both the FLSA (29 U.S.C. § 216(b)) and KRS 337.385 provide for liquidated damages equal to the unpaid wages — effectively doubling your recovery. Under the FLSA, the employer can only avoid liquidated damages by proving the violation was in good faith and based on reasonable grounds, which is a high bar.
Attorney’s fees and costs. This is the provision that makes wage cases viable for working people. Both statutes mandate that a prevailing employee recovers their reasonable attorney’s fees from the employer. You don’t have to choose between paying a lawyer and pursuing your claim.
The “Exempt” vs. “Non-Exempt” Question
One of the most common employer defenses is that the employee was “exempt” from overtime requirements. Under both the FLSA and Kentucky law, certain employees in executive, administrative, or professional roles may be exempt from overtime — but the exemption requires more than just a job title. The employee must meet specific duties tests and generally must be paid on a salary basis above a minimum threshold. Employers frequently misclassify employees as exempt when they don’t actually qualify, which creates liability for all the overtime that should have been paid.
Time Limits
Federal claims under the FLSA must generally be brought within two years, or three years if the violation was willful. 29 U.S.C. § 255(a). Kentucky state claims may have different limitations periods. Either way, the clock is running on every paycheck — the longer you wait, the more potential recovery you lose.
If you think your employer owes you wages, I’m happy to evaluate your situation. Call me at (859) 225-9540 or use the contact form.
Joseph D. Buckles is a civil litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
