Kentucky Wage Theft: How to File a Complaint and Get Paid
You worked the hours, did the job, and your employer did not pay you what you were owed. Whether it is unpaid wages, withheld overtime, unauthorized deductions, or a final paycheck that never arrived, wage theft is illegal in Kentucky — and the law provides clear remedies for employees who have been shortchanged.
What Counts as Wage Theft in Kentucky?
Wage theft takes many forms. Under Kentucky law, the most common types include failure to pay minimum wage (currently $7.25 per hour under both federal and Kentucky law), failure to pay overtime (time-and-a-half for hours worked over 40 in a workweek, as required by the Fair Labor Standards Act and KRS 337.285), unauthorized deductions from wages that reduce pay below minimum wage, failure to pay earned wages on the regular payday, failure to pay all wages due upon termination, and misclassifying employees as independent contractors to avoid wage and hour obligations.
Kentucky Wage and Hour Laws
Kentucky’s wage and hour protections are found primarily in KRS Chapter 337. Under KRS 337.020, employers must pay employees at least the minimum wage. Under KRS 337.285, employers must pay overtime at one and one-half times the employee’s regular rate for hours worked in excess of 40 per workweek. Employers must establish regular paydays and pay all earned wages on those dates (KRS 337.020).
When an employee is terminated or leaves employment, KRS 337.055 requires the employer to pay all wages due by the next regular payday or within 14 days of the employee’s demand, whichever comes first.
Filing a Wage Claim with the Kentucky Labor Cabinet
If your employer refuses to pay wages you are owed, you can file a wage claim with the Kentucky Education and Labor Cabinet, Department of Workplace Standards. The Department investigates wage complaints and can order employers to pay back wages. The process is administrative — you do not need a lawyer to file, though having one can help.
To file a claim, you generally need to provide your employer’s name and address, the dates worked and wages owed, documentation supporting your claim (pay stubs, time records, employment agreements), and a description of the wage violation.
The Department will investigate by contacting the employer and reviewing records. If it finds a violation, it will attempt to resolve the matter. If the employer refuses to comply, the Department can refer the matter for further enforcement action.
Filing a Lawsuit
In addition to or instead of filing an administrative complaint, you can file a private lawsuit against your employer for unpaid wages. Under KRS 337.385, an employee who prevails in a wage claim action can recover the unpaid wages owed, plus liquidated damages equal to the unpaid wages (effectively doubling the recovery), plus reasonable attorney’s fees and costs. This liquidated damages provision is a powerful incentive for employers to pay what they owe — and a meaningful remedy for employees who have to go to court to collect.
For federal claims under the Fair Labor Standards Act (FLSA), similar remedies are available — unpaid wages, liquidated damages, and attorney’s fees. FLSA claims can be filed in federal court and may be brought as collective actions on behalf of multiple affected employees.
Statute of Limitations
Time limits matter. Under Kentucky law, the statute of limitations for wage claims is five years under the general limitations period in KRS 413.120. Under the federal FLSA, the limitations period is two years for non-willful violations and three years for willful violations. Because the state and federal limitations differ, it is important to evaluate which claims to bring and when.
Retaliation Protections
Kentucky law prohibits employers from retaliating against employees who file wage complaints or participate in wage investigations. Under KRS 337.990(11), it is unlawful for an employer to discharge or discriminate against an employee because the employee has filed a complaint, instituted a proceeding, or testified in a proceeding under the wage and hour statutes. Federal law provides similar protections under the FLSA.
What You Can Do Now
If you believe your employer has not paid you what you are owed, start by gathering your documentation — pay stubs, time records, bank statements showing deposits, and any written communications about your pay. Calculate as precisely as you can the amount you believe is owed. Consider whether the issue affects only you or other employees as well, as collective claims may be available.
Buckles Law Office represents employees in wage and hour disputes in Central Kentucky. If your employer is not paying you what the law requires, call (859) 225-9540 to discuss your options.
