Kentucky state overtime law mirrors the federal FLSA: 1.5x pay for hours over 40 in a workweek. Enter your rate and hours for an accurate Kentucky paycheck estimate, including the state's seventh day overtime quirk.
Rules verified November 2026 · Sources: U.S. Department of Labor
By Mudassir Khan
Kentucky law mirrors the FLSA, plus the seventh day rule. Each workweek stands alone.
Wage claims go to the Kentucky Division of Wages and Hours, within 3 years. Estimates only. Not tax, legal, or payroll advice. Confirm with your employer or a qualified professional.
Kentucky overtime mirrors the FLSA: nonexempt workers earn 1.5 times their rate for hours over 40 in a workweek, with no daily overtime. Kentucky adds one quirk: 1.5x for all hours worked on a seventh consecutive day. The 2026 income tax is a flat 3.5%, and wage claims go to the Division of Wages and Hours within 3 years.
Kentucky requires 1.5 times the regular rate for hours over 40 in a workweek, mirroring the FLSA. The state cabinet's regulation confirms no daily overtime: working more than 8 hours in a day alone earns no premium.
State law adds what the FLSA lacks: if you work 7 consecutive days, all hours worked on the 7th day earn 1.5 times the regular rate. This is separate from the 40 hour rule and is the one Kentucky extra worth knowing.
Wage and hour actions under Kentucky law carry a 3 year deadline after a 2024 law shortened it from 5. For tax year 2026 the individual income tax is a flat 3.5%, down from 4%, so overtime faces one simple state rate.
Gross = (40 × rate) + (hours over 40 × rate × 1.5)
| Rule | Kentucky |
|---|---|
| Overtime rule | State law mirrors the FLSA: 1.5 times pay after 40 hours in a workweek, plus 1.5x for all hours on a 7th consecutive day |
| Minimum wage 2026 | $7.25 (federal floor; no higher state rate) |
| State income tax | Flat 3.5% for 2026 (down from 4%) |
| Claim agency | Kentucky Education and Labor Cabinet, Division of Wages and Hours |
| Claim deadline | 3 years under state law; FLSA allows 2 years, 3 for willful violations |
| Worker | Math | Gross |
|---|---|---|
| $7.25/hr, 50 hours | $290 + 10 × $10.88 | $398.75 |
| $14/hr, 48 hours | $560 + 8 × $21 | $728.00 |
| $18/hr, 60 hours | $720 + 20 × $27 | $1,260.00 |
| $10/hr, five 8 hour days (40 hrs) | 40 × $10, no overtime | $400.00 |
Example 3 shows where Kentucky differs from pure FLSA states: if those 60 hours spanned 7 consecutive workdays, the hours on the 7th day also earn 1.5x under Kentucky's seventh day rule, not just the hours over 40.
The seventh day rule has a catch. It applies to hours worked on the 7th consecutive day of the workweek. Some employers try to reset the count by rotating schedules, so workers on rotating shifts should track consecutive days themselves.
Kentucky mandates rest breaks most states skip. You are entitled to at least 10 minutes of paid rest during each 4 hours worked, plus a reasonable lunch period between the 3rd and 5th hour. These breaks are separate from overtime but are enforced by the same division.
The income tax keeps falling. Kentucky cut the flat rate to 3.5% for 2026 and the statute allows further cuts when revenue triggers are met. Estimating the state cut on overtime is one multiplication: gross times 3.5%.
Kentucky borders Indiana, where pure federal rules apply: our Indiana overtime calculator shows the same math without the seventh day rule. The federal baseline is explained in the FLSA overtime rules guide.
Yes. Kentucky law mirrors the FLSA at 1.5 times the regular rate for hours over 40 in a workweek, and adds a state only seventh day rule: all hours worked on a 7th consecutive day earn 1.5x.
With the Division of Wages and Hours of the Kentucky Education and Labor Cabinet, online or by phone. You can also file with the federal DOL or in court. State law gives 3 years.
$7.25 an hour. Kentucky matches the federal rate and preempts local governments from setting higher ones.
Not generally. There is no daily 8 hour rule, but hours worked on a 7th consecutive day of the workweek earn 1.5 times the regular rate under state law.
Yes, at a flat 3.5% state rate for 2026, on top of federal taxes. Some cities and counties also levy occupational taxes on wages.
Yes, if nonexempt. A salary alone does not remove overtime rights. Only employees who pass the FLSA exempt duties and salary tests can be denied overtime pay.
Rates and rules checked against these sources in November 2026.
Want the same math without the Kentucky framing? Use the overtime pay calculator. Curious what the federal no tax on overtime deduction does to a Kentucky paycheck? Try the deduction calculator.