Exemptions: Overtime & minimum wage - Kentucky

Summary of differences between federal and state regulations

Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.

To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

These salary minimum does not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

In Kentucky, certain types of employees are exempted from minimum wage provisions. These include: agricultural workers, persons working in administrative, supervisory or professional capacity, domestics, and newspaper delivery people. The following are exempt from overtime compensation: retail employees, restaurant, motel and hotel employees and some childcare providers.

State

Contact

Kentucky Labor Cabinet Division Of Employment Standards Apprenticeship and Training

Regulations

Kentucky Revised Statutes
KRS Chapter 337.00
337.010 Definitions for chapter and specific ranges in chapter

www.lrc.ky.gov/Statutes/statute.aspx?id=40839

337.285 Time and a half for employment in excess of forty hours – Compensatory time.

www.lrc.ky.gov/Statutes/statute.aspx?id=32066

Kentucky Administrative Regulations Title 803, Section 1:070. Executive, administrative, supervisory or professional employees; salesmen

http://www.lrc.state.ky.us/kar/803/001/070.htm

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

Regulations for exempt employees can be found in CFR 29 Part 541, Defining And Delimiting The Exemptions For Executive, Administrative, Professional, Computer And Outside Sales Employees