KRS 337.285: Time and a half for employment in excess of forty hours -- Compensatory

time -- County or city employee, Trooper R Class, CVE R Class -- Designated

work period for professional firefighters.

(1) No employer shall employ any of his or her employees for a work week longer than

forty (40) hours, unless such employee receives compensation for his or her

employment in excess of forty (40) hours in a work week at a rate of not less than

one and one-half (1-1/2) times the hourly wage rate at which he or she is employed.

(2) This provision shall not apply to the following:

(a) Employees of retail stores engaged in work connected with selling,

purchasing, and distributing merchandise, wares, goods, articles, or

commodities;

(b) Employees of restaurant, hotel, and motel operations;

(c) Employees as defined and exempted from the overtime provision of the Fair

Labor Standards Act in Sections 213(b)(1), 213(b)(6), 213(b)(10), and

213(b)(17) of Title 29, U.S.C.;

(d) Employees whose function is to provide twenty-four (24) hour residential care

on the employer's premises in a parental role to children who are primarily

dependent, neglected, and abused and who are in the care of private nonprofit

childcaring facilities licensed by the Cabinet for Health and Fam ily Services

under KRS 199.640 to 199.670; or

(e) Any individual who is employed by a third -party employer or agency other

than the family or household using his or her services to provide in -home

companionship services for a sick, convalescing, or elderly person.

(3) As used in subsection (2) of this section, "companionship services" means those

services which provide in -home fellowship, care, and protection for a person who,

because of advanced age or physical or mental infirmity, cannot care for his or h er

own needs. These services may include household work related to the care of the

aged or infirm person such as meal preparation, bed making, washing of clothes,

and other similar services. They may also include the performance of general

household work, provided that the household work is incidental, i.e., does not

exceed twenty percent (20%) of the total weekly hours worked. The term

"companionship services" does not include services relating to the care and

protection of the aged or infirm which require and are performed by trained

personnel, such as a registered or practical nurse.

(4) Notwithstanding the provisions of subsection (1) of this section or any other chapter

of the KRS to the contrary, upon written request by a county or city employee or a

Trooper R Class or CVE R Class, made freely and without coercion, pressure, or

suggestion by the employer, and upon a written agreement reached between the

employer and the county or city employee or the Trooper R Class or CVE R Class

before the performance of the work, a county or city employee or a Trooper R Class

or CVE R Class who is authorized to work one (1) or more hours in excess of the

prescribed hours per week may be granted compensatory leave on an hour -for-hour

basis. Upon the written request by a county or city employee or a Trooper R Class

or CVE R Class, made freely and without coercion, pressure, or suggestion by the

employer, and upon a written agreement reached between the employer and the

county or city employee or the Trooper R Class or CV E R Class, before the

performance of the work, a county or city employee or a Trooper R Class or CVE R

Class who is not exempt from the provisions of the Federal Fair Labor Standards

Act of 1938, as amended, 29 U.S.C. sec. 201 et seq., may be granted compe nsatory

time in lieu of overtime pay, at the rate of not less than one and one -half (1-1/2)

hours for each hour the county or city employee or the Trooper R Class or CVE R

Class is authorized to work in excess of forty (40) hours in a work week.

(5) (a) Upon the request of the county or city employee or the Trooper R Class or

CVE R Class, and as provided in subsection (4) of this section, compensatory

time shall be awarded as follows:

1. A county or city employee who provided work in excess of forty (40)

hours in a public safety activity, an emergency response activity, or a

seasonal activity as described in 29 C.F.R. sec. 553.24, may accrue not

more than four hundred eighty (480) hours of compensatory time; or

2. A county or city employee or a Trooper R Class or CVE R Class

engaged in other work in excess of forty (40) hours, may accrue not

more than two hundred forty (240) hours of compensatory time.

(b) A county or city employee or a Tro oper R Class or CVE R Class who has

accrued four hundred eighty (480) hours of compensatory time off pursuant to

paragraph (a)1. of this subsection, or two hundred forty (240) hours of

compensatory time off pursuant to paragraph (a)2. of this subsection, s hall for

additional overtime hours of work, be paid overtime compensation.

(6) A county or city employee or a Trooper R Class or CVE R Class who has accrued

compensatory time off as provided in subsection (4) of this section, and who

requested the use of c ompensatory time, shall be permitted by the employer to use

the compensatory time within a reasonable period after making the request if the

use of the compensatory time does not unduly disrupt the operations of the

employer. Mere inconvenience to the employer shall not constitute a sufficient basis

for denial of a county or city employee's request or a Trooper R Class or CVE R

Class request for compensatory time off.

(7) If compensation is paid to a county or city employee or a Trooper R Class or CVE

R Class for accrued compensatory time off, the compensation shall be paid at the

regular rate earned by the county or city employee or the Trooper R Class or CVE

R Class at the time the county or city employee or the Trooper R Class or CVE R

Class receives the payment.

(8) Upon a county or city employee's termination of employment or the termination of

employment of a Trooper R Class or CVE R Class, all unused accrued

compensatory time shall be paid at a rate of compensation not less than:

(a) The average regula r rate received by the county or city employee or the

Trooper R Class or CVE R Class during the last three (3) years of the

employment of the county or city employee or Trooper R Class or CVE R

Class; or

(b) The final regular rate received by the county or city employee or Trooper R

Class or CVE R Class, whichever is higher.

(9) Compensatory time shall not be used as a means to avoid statutory overtime

compensation. A county or city employee or a Trooper R Class or CVE R Class

shall have the right to use co mpensatory time earned and shall not be coerced to

accept more compensatory time than an employer can realistically and in good faith

expect to be able to grant within a reasonable period upon the county or city

employee or the Trooper R Class or CVE R Cla ss making the request for

compensatory time off.

(10) Nothing in subsections (4) to (9) of this section shall be construed to supersede any

collective bargaining agreement, memorandum of understanding, or any other

agreement between the employer and representative of the county or city employees

or the Trooper R Class or CVE R Class.

(11) As used in subsections (4) to (9) of this section:

(a) "County or city employee" means an employee of any county, city, charter

county, consolidated local government, unif ied local government, or urban -

county government, including an employee of a county or city elected official;

(b) "CVE R Class" has the same meaning as in KRS 16.010; and

(c) "Trooper R Class" has the same meaning as in KRS 16.010.

(12) In addition to the designation of a work week under subsection (1) of this section,

local governments, as defined in KRS 95A.210(5), may designate a work period for

professional firefighter employees as defined in KRS 95A.210. The designated

work period shall be not less tha n one (1) work week of seven (7) consecutive days

and not more than four (4) work weeks of twenty -eight (28) consecutive days for

purposes of complying with the requirements of the Federal Labor Standards Act of

1938, as amended, 29 U.S.C. sec. 201 et seq. This subsection shall not exempt local

governments from complying with the overtime requirements set forth in subsection

(1) of this section and is intended to:

(a) Clarify the option to designate both a work week for compliance with

Kentucky law and a wo rk period for compliance with the Fair Labor

Standards Act of 1938, as amended, 29 U.S.C. sec. 201 et seq.; and

(b) Allow for the application of the partial exemption set forth in 29 U.S.C. sec.

207(k) in determining overtime pay under the Fair Labor Stand ards Act of

1938, as amended, 29 U.S.C. sec. 201 et seq., only.

(13) (a) A law enforcement department of a consolidated local government organized

under KRS Chapter 67C, a city of the home rule class, or a sheriff's office or

county police force, shall not be deemed to have violated subsection (1) of

this section with respect to the employment of a peace officer if:

1. The officer works eighty (80) hours or less in a work period of fourteen

(14) consecutive days; and

2. a. For a law enforcement department o f a consolidated local

government operating under KRS 67C.408 and organized under

KRS Chapter 67C, the law enforcement department and any other

entity working with the law enforcement department that includes

the officer agree to the exception;

b. For a law enforcement department of a city of the home rule class,

the law enforcement department and any other entity working with

the law enforcement department agree to the exception. If there is

no other entity working with the law enforcement department or

the officer in a city of the home rule class, only the requirement in

subparagraph 1. of this paragraph shall be met;

c. For a sheriff's office operating under KRS 70.262, the sheriff's

office and any other entity working with the sheriff's office agree

to the exception. If the sheriff's office does not operate under KRS

70.262, only the requirement in subparagraph 1. of this paragraph

shall be met; or

d. For a county police force operating under KRS 67A.6902, the

county police force and any other entity work ing with the county

police force agree to the exception. If the county police force does

not operate under KRS 67A.6902, only the requirement in

subparagraph 1. of this paragraph shall be met.

(b) It is the intent of this subsection to allow the employment of a peace officer

for longer than forty (40) hours in any seven (7) consecutive days within a

fourteen (14) day work period without incurring the obligation to pay a rate of

not less than one and one -half (1-1/2) times the officer's hourly wage under

subsection (1) of this section.