Kentucky has strict laws on guaranteeing financial protection to by ensuring that they are paid what they have earned. If you have worked for a paycheck, you have every right to fight to make sure you receive it.
If your employer has taken any actions that may be in violation of your rights to a paycheck, it may be necessary to take legal action. Fortunately, there are several avenues for legal remedies in the state of Kentucky.
When Must Paychecks Be Sent Out under Kentucky Employment Law?
In Kentucky, it does not matter if you are an hourly or salaried employee as to when your paycheck needs to be sent out. You should receive a paycheck at least once every other week, if not more frequently.
If you are not receiving your paychecks at the specified time, your employer may be in violation of Kentucky paycheck laws. In such cases, it may be necessary to initiate legal action in order to see what type of remedy is available to you.
What Happens to My Paycheck If I Am Fired in Kentucky?
Kentucky state law has the same requirement for issuing your last paycheck if you decided to quit as if you were fired. You should receive your last paycheck by either the next payday or within 14 days, whichever comes later.
Like most states, Kentucky labor laws do not require an employer to offer paid vacation or sick days, nor are employers who do offer paid time off obligated to reimburse employees for the paid time off that they do not take. Thus, if you have unused days when you leave your job, it depends entirely on the company policy whether or not you will be paid for those days.
Can My Paycheck Be Garnished Under Kentucky Paycheck Law?
Your paycheck can have money taken out of it to pay for your debts, but a court order may be needed before the money can be taken. This is known as “wage garnishment”, and allows the employer to put some of the employee’s wages aside and use them towards debt payment. This is a common type of arrangement that is enforced in cases where the person has outstanding debts.
A court order is not needed if your paycheck is being garnished for unpaid taxes, defaulted student loans, or child support. For other debts, such as credit card debt or hospital bills, they do have to go to court and get a judgment against you. If your creditors do get a judgment, then they can garnish your wages to pay off the debt.
If you have damaged items on the job while working in the state of Kentucky, your employer cannot just take the money to cover the damage out of your check. You employer will have to first get approval to do so in a Kentucky court before they can use your wages to recoup their loss. Similarly, your wages can only be used to cover cash shortages if your employer has gotten a court order to do so or if you have provided written consent to your employer to do that.
Can I Recover a Withheld Paycheck in Kentucky?
If your employer is withholding your paycheck, you have the right to file a complaint with the Division of Wages, Hours, & Mediations of the Kentucky Labor Cabinet. Once a complaint has been filed, the Division of Wages, Hours, & Mediation will investigate the situation and enforce your right to your paycheck. You also have the option of suing your employer in court to get any unpaid wages that you should have already received.
If you need to sue your employer for any missing wages, it will usually be done through a wage and hour lawsuit. This is where the court will review documents like pay stubs and hour logs to determine if there has been a violation. Thus, it may be necessary to provide these types of documents and other evidence such as statements from other employees or supervisors. These can help greatly for your claim.
Is There Anything Else I Should Know About Kentucky’s Paycheck Law?
There is no law in Kentucky that stops an employer from charging an employee for uniforms or tools. So, your employer can lawfully ask you to pay for these things, provided that the cost will not make your earnings fall below minimum wage.
Also, if there are specific provisions in an employment contract that may affect the employee’s wage rights, these are well worth looking into in great detail. It may be necessary to work with an employment law attorney who can review the contract and inform you of your legal rights.
Where Can I Find the Right Lawyer for My Paycheck Issue in Kentucky?
You should absolutely contact a lawyer if you feel your paycheck has been unfairly decreased or if you have just not been paid at all. A Kentucky employment lawyer will fight for your well-earned pay. Your attorney can provide legal guidance and representation during the process.