Kentucky Final Paycheck Law — deadline calculator

Frequently Asked Questions

• When must a Kentucky employer pay my final paycheck?

  Under KRS §337.055, your final paycheck is due by the next regular payday or within 14 days of your last day worked — whichever date is later. There is no 'immediate' or same-day requirement for any separation type in Kentucky.

• Does Kentucky's final paycheck deadline change if I was fired vs. if I quit?

  No. Kentucky's KRS §337.055 applies the same deadline — next regular payday or 14 days (later of the two) — regardless of whether the separation was termination, resignation, or layoff. This is unlike states such as California, which require same-day pay upon involuntary termination.

• What is the 14-day rule in Kentucky's final paycheck law?

  The 14-day rule is a minimum floor: if your employer's next regular payday falls earlier than 14 days after your last day of work, the employer still has until day 14 to pay. If the next payday falls on day 20 or later, that payday is the deadline. The rule always picks the later of the two dates.

• What wages must be included in the Kentucky final paycheck?

  Under Kentucky law, the final paycheck must include all earned wages through the last day of work, any overtime owed, and commissions or bonuses earned under a pre-existing employer plan or policy. Employers cannot unilaterally exclude earned compensation.

• Is accrued vacation or PTO paid out in the Kentucky final paycheck?

  Only if your employer's written policy or employment contract promises payout of accrued, unused vacation or PTO upon separation. Kentucky law does not independently require vacation payout; it depends entirely on the employer's established policy.

• Can a Kentucky employer deduct from my final paycheck without my consent?

  Generally no. KRS §337.060 prohibits unauthorized wage deductions. Lawful deductions are limited to legally required withholdings (federal/state taxes, Social Security), court-ordered garnishments, and items to which the employee has explicitly agreed in writing.

• What can I do if my Kentucky employer misses the final paycheck deadline?

  First, make a written demand to your employer for the unpaid wages. If the employer does not pay within six days of receiving your demand, you may file a wage claim with the Kentucky Labor Cabinet (elc.ky.gov) or file a private lawsuit under KRS §337.385 to recover wages plus attorney fees.

• Who enforces Kentucky's final paycheck law?

  The Kentucky Labor Cabinet's Division of Employment Standards enforces wage payment violations and investigates employee complaints. You can also hire a private attorney and pursue civil remedies under KRS §337.385, which allows recovery of unpaid wages plus reasonable attorney fees.

• How long do I have to file a claim for a missing final paycheck in Kentucky?

  Under Kentucky state law (KRS §413.120), you have five years from the date the wages were due to file a civil wage claim. If you also pursue a federal FLSA claim, the statute of limitations is two years (three years for willful violations).

• Does federal law (FLSA) set a deadline for final paychecks?

  No. The Fair Labor Standards Act does not specify a deadline for issuing final paychecks beyond requiring payment by the established regular payday. Kentucky's KRS §337.055 provides stronger worker protections by establishing a clear 14-day or next-payday deadline.