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Summary of differences between federal and state regulations
The Fair Labor Standards Act does not require payment for time not worked. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Jury duty
Kentucky law doesn’t require private employers to pay employees on jury duty.
Voting
Kentucky law allows employees four hours off to vote. Deductions of pay are not allowed. Employer may specify the time off. Employees must give notice before the day of election.
Emergency service volunteers
Employers cannot terminate employees who are working in their capacity as volunteer firefighters, rescue squad members, emergency medical technicians, peace officers, or members of an emergency management agencies for being late or absent from employment while responding to an emergency before their scheduled start time at work.
The Wages and Hours chapter under the Kentucky Revised Statutes defines an “employer" as any person — whether individual, corporation, partnership, agency, or firm — that employs an employee. The definition includes any person, whether individual, corporation, partnership, agency, or firm, acting directly or indirectly in the interest of an employer in relation to an employee.
Employers may request an employee provide a written statement from the supervisor of the emergency response agency stating the employee responded to an emergency and listing the time and date of the emergency. An employer may charge any time employees are absent from work due to emergency response activities against the employee’s regular pay.
An employer cannot terminate an employee who is absent from work for 12 months or less due to an injury incurred in the line of duty. At the request of the employer, the employee should provide a written statement from his or her emergency service supervisor stating the employee was on active duty and assignment when the injury occurred. The employee should also, at the employer’s request, provide a written statement from at least one physician stating that the employee is injured and a date for the employee’s return to work.
State
Contacts
Jury duty
Louisville District Office; US Dept. of Labor, ESA Wage & Hour Division
Voting
Louisville District Office; US Dept. of Labor, ESA Wage & Hour Division
Regulations
Jury duty
Kentucky Revised Statute §29A-160
www.lrc.ky.gov/Statutes/statute.aspx?id=21133
Voting
Kentucky Statute §118.035
www.lrc.ky.gov/Statutes/statute.aspx?id=27563
Emergency service volunteers
Kentucky Statute Title XXVII (Labor and Human Rights), Chapter 337 (Wages and Hours), §337.100 Volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or emergency management agency member absent from employment due to emergency or injury incurred in the line of duty.
Federal
Contacts
None.
Statutes/Regulations
None.