Kentucky Final Paycheck Law — deadline calculator

Frequently Asked Questions

• When must a Kentucky employer pay a final paycheck?

  Under KRS 337.055, the employer must pay all final wages no later than the later of (a) the employee's next regular payday or (b) 14 days after separation — whichever date occurs last. This applies to all separation types: termination, resignation, and layoff.

• Is the final paycheck deadline the same if I quit vs. being fired in Kentucky?

  Yes. KRS 337.055 sets the same deadline — next regular payday or 14 days from separation, whichever is later — regardless of how employment ended. Kentucky does not have a shorter same-day or 72-hour rule for any category of separation.

• What are the penalties for a late final paycheck in Kentucky?

  Under KRS 337.385, the employer owes the unpaid wages plus an equal amount as liquidated damages, effectively doubling the debt. The Kentucky Education and Labor Cabinet may also impose civil penalties of $100–$1,000 per violation. Courts can award reasonable attorney's fees to the prevailing employee.

• Does my final paycheck have to include unused vacation or PTO?

  Not automatically. Kentucky law does not require employers to pay out accrued, unused vacation or PTO upon termination unless the employer's written policy or employment contract explicitly promises such a payout. Only wages actually earned through the last day of work are mandated by KRS 337.055.

• Can my employer withhold my final paycheck because I owe them money or haven't returned equipment?

  No. Under KRS 337.060, employers generally cannot offset or withhold earned wages to recover debts for unreturned equipment, loans, or overpayments without proper legal process. Doing so exposes the employer to double-wage liquidated damages under KRS 337.385.

• How do I file a final paycheck complaint in Kentucky?

  File a wage claim with the Kentucky Education and Labor Cabinet, Division of Wages and Hours at elc.ky.gov. You may also file a civil lawsuit directly in Kentucky state or federal court without administrative exhaustion. The statute of limitations for wage claims is 5 years under KRS 337.385.

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

  The final paycheck must include all regular wages and overtime earned through the last day of work. Commissions and bonuses already earned under the employer's established compensation plan must also be included. Discretionary bonuses not yet awarded need not be.

• Does the FLSA require a final paycheck deadline that adds to Kentucky's rule?

  No. The federal FLSA imposes no mandatory final-paycheck deadline — it only requires wages to be paid on the regular payday for the period worked. Kentucky's KRS 337.055 is therefore more protective. Workers receive the benefit of the stronger Kentucky rule.

• What is the statute of limitations for final paycheck claims in Kentucky?

  Five years. Under KRS 337.385, employees have 5 years from the date wages were due to file a wage claim. This is longer than the federal FLSA's 2-year (or 3-year for willful violations) limit, making Kentucky state court often the better forum.

• If my employer issues a partial final paycheck, do they still owe penalties on the balance?

  Yes. Partial payment does not satisfy KRS 337.055. The employer remains liable for the unpaid balance plus liquidated damages on that shortfall. A good-faith exception under KRS 337.385 may waive liquidated damages only if the employer can prove a reasonable, good-faith belief that no violation occurred.