work · Kentucky

How do I get unpaid wages or my final paycheck in Kentucky?

Kentucky law requires employers to pay employees regularly and to pay final wages within a set time after termination. When an employer withholds pay, an employee may pursue collection through administrative complaint or a court action, and the employer may be liable for unpaid wages plus damages and attorney fees in some cases. The process often begins with asking the employer for the missing pay and may include a written demand and filing a wage claim with the state or filing a lawsuit. Remedies, deadlines, and possible damages depend on the specific statute that applies to the claim.

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The deadline that matters

A court action under KRS 337.420 to 337.433 must be commenced no later than six months after the cause of action occurs, under Ky. Rev. Stat. Ann. § 337.430.

What Kentucky law says

Kentucky requires semimonthly pay and provides a right to recover unpaid wages. Under Ky. Rev. Stat. Ann. § 337.020, employers must pay wages regularly. Final wages after leaving employment must be paid not later than the next normal pay period or 14 days, whichever is later, per Ky. Rev. Stat. Ann. § 337.055. Employees paid less than owed may recover the full amount, potentially an equal amount as liquidated damages, costs, and reasonable attorney fees under Ky. Rev. Stat. Ann. § 337.385. The commissioner or an employee may bring legal action to collect unpaid wages, and related claims must comply with the applicable limitations set by statute, including the filing period in Ky. Rev. Stat. Ann. § 337.430. Additional employer-liability and enforcement provisions appear in Ky. Rev. Stat. Ann. § 337.427.

What to do

  1. A common first step is to ask the employer, in writing, for the unpaid wages and state the amount and pay periods involved.
  2. A common next step is to send a formal demand letter, keeping a copy and delivery record.
  3. A common option is to request the commissioner take the wage claim assignment or to file an administrative wage claim as allowed under the statutes.
  4. A common step is to consider filing a civil action in the appropriate court to recover unpaid wages, damages, and permitted fees.
  5. A common step is to keep records of hours, pay stubs, employment dates, and communications to support any claim.

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Common questions

How soon must my final paycheck be paid after I leave a job?
Final wages must be paid not later than the next normal pay period following the date of dismissal or voluntary leaving, or 14 days after the date of dismissal or leaving, whichever last occurs, under Ky. Rev. Stat. Ann. § 337.055.
Can I get extra damages if my employer shorted my pay?
An employee may be able to recover unpaid wages and, in many cases, an additional equal amount as liquidated damages, plus costs and reasonable attorney fees as provided in Ky. Rev. Stat. Ann. § 337.385 and related sections.
How long do I have to file a lawsuit for unpaid wages?
A lawsuit under the wage statutes referenced may need to be started within six months after the cause of action occurs, as stated in Ky. Rev. Stat. Ann. § 337.430.
Can a state official pursue the claim for me?
At the written request of an employee, the commissioner may take an assignment of the wage claim and bring legal action to collect the claim, under Ky. Rev. Stat. Ann. § 337.385 and Ky. Rev. Stat. Ann. § 337.427.

Grounded in current Kentucky law

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This is legal information about Kentucky law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.