Q: Hello, I am trying to confirm Kentucky law, as my employer feels he does not have to pay overtime due to KRS 337.285
I work overtime every week, in the hotel industry, but as I have read in 337.101 (2) 6. The overtime exemption only applies to hotels, (and other businesses) that make less than $95,000 a year gross from sales,for the last 5 years, and my employer easily makes $250-300,000 a year. Also, he has just told me he is classifying me as an independent contractor for tax purposes, when I am clearly an employee, have been full-time, on call and on site general labor for the entire year. Is this not illegal as well? Please confirm, as I need to know exactly where I stand prior to taking legal action, thank you.
A: Federal law, under the Fair Labor Standards Act ("FLSA"), also governs the payment of overtime. Even if you are exempt based on the Kentucky Revised Statutes, you may still be eligible to receive overtime under the FLSA. Typically employers are covered under the FLSA if they do more than $500,000 per year in revenue or engaged in interstate commerce. I would advise you reach out to an Employment Law Attorney i to get a consultation on your situation.
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