Federal laws such as the Labor Standards Act of 1938 and the Civil Rights Act of 1964, protect employees from most forms of discrimination and wrongful termination. However, many states have additional statutes to provide further protection for workers in their state. Kentucky is one of those states with additional statutes in addition to it being an “at will” employment state in which employees and employers both have the right to terminate employment for any reason except those specified in federal and state laws. State agencies are the employee’s primary recourse for remedy and reinstatement, when applicable, under Kentucky law.
Kentucky’s Specific Labor Laws
Kentucky has several additional laws covering specific areas of workplace protections:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
Same as FLSA |
Maximum tip credit $3.02; minimum wage for tipped employees $2.13 |
|
State Military Leave |
Yes |
Unlimited unpaid leave for Kentucky National Guard members for active duty or training; reinstatement, benefits, and seniority guaranteed |
|
Jury Duty |
Yes |
Unpaid leave |
|
Voting |
Yes |
Unpaid time off, up to 4 hours, at the employer’s discretion; 1 day notice from employee required; no proof of voting is required, but if employer learns employee did not vote, disciplinary action may be taken |
|
Garnishment |
Yes |
$1 fee for child or spousal support withholding |
|
State Family & Medical Leave |
Yes |
For all employers and all employees; up to 6 weeks adoption leave for a child under 7 years of age |
|
Arrest & Conviction Records |
No |
|
|
Discrimination |
Yes |
8 or more employees; age (40 or older); national origin; disability (physical or mental), HIV/AIDS; gender; race; religion; smoking; occupational pneumoconiosis (with no respiratory impairment) due to coal dust exposure |
|
Whistleblower |
Yes |
Protections for both public and private employees who report safety & health violations; protections for public employees who report any abuses in the workplace, who may file civil action within 90 days |
|
Plant Closings |
No |
|
*These laws change often, so consult local statutes for the most up-to-date information.
Kentucky Discrimination Laws
Federal laws protect employees from discrimination in the workplace based on race, color, religion, sex, or national origin, and state laws provide additional protections for Kentucky workers. If employers are not complying with those laws, employees may file claims with state EEOC offices and the Kentucky Human Rights Commission for relief and/or damages according to these state guidelines:
State agencies are primarily responsible for enforcement, administration, and investigation of wrongful termination claims due to discrimination.
The state does allow employees to privately pursue discrimination claims after agency options are exhausted.
Employees are allowed to recover attorney’s fees from a defendant.
The statute of limitations for discrimination claims is 180 days.
Filing a Claim for Wrongful Termination
The local EEOC office and the Kentucky Human Rights Commission are the first options for claimants who have been discriminated against by their employers. After their investigation, if there is cause for action, they will seek mediation or conciliation; and if that is ineffective, they may file a lawsuit on the employee’s behalf. If those efforts fail, the employee has the right to file a private lawsuit.
Legal Remedies for Wrongful Termination
There are a number of options that may be available for an employee who has been subjected to discrimination. Some of those options, whether pursued through state agency claims or individual lawsuits, may include reinstatement of the former position, benefits, and/or seniority; back wages; compensation for mental pain and suffering; court costs and attorney’s fees; injunctive relief in the workplace to protect other employees; punitive damages.
Kentucky law also allows additional penalties in the following specific areas of abuse:
Jury duty – class B misdemeanor with fines of up to $250 and/or 89 days in jail; liable for back pay and attorney’s fees; reinstatement with full benefits and seniority
Garnishment – for child support, fines of up to $500 and/or 1 year in county jail
Whistleblower – for all employers who willfully or repeatedly violate employee protections for reporting safety and health infractions, fines of $5,000 to $70,000 per violation; civil penalties of up to $10,000 per violation
Clearly, Kentucky has some stiff penalties for those who abuse employee rights in the workplace. State agencies have established processes to help employees pursue those rights in the governmental system. However, there are many claims passing through those agencies, and to ensure that all their options are explored, employees may want to consult with an employee rights lawyer for assistance.
Local Resources
EEOC Regional Offices
Louisville Area Office
600 Dr. Martin Luther King Jr. Place, Suite 268
Louisville, KY 40202
502-582-6082 or 800-669-4000
TTY: 502-582-6285 or 800-669-6820
FAX: 502-582-5895
Human Rights Commission
Louisville, KY
502-595-4024
800-292-5566
www.kchr.ky.gov