337.275 Minimum wage.
(1)
(2)
Except as may otherwise be provided by this chapter, every employer shall pay to
each of his employees wages at a rate of not less than five dollars and eighty-five
cents (.85) an hour beginning on June 26, 2007, not less than six dollars and fiftyfive cents (.55) an hour beginning July 1, 2008, and not less than seven dollars
and twenty-five cents (.25) an hour beginning July 1, 2009. If the federal
minimum hourly wage as prescribed by 29 U.S.C. sec. 206(a)(1) is increased in
excess of the minimum hourly wage in effect under this subsection, the minimum
hourly wage under this subsection shall be increased to the same amount, effective
on the same date as the federal minimum hourly wage rate. If the state minimum
hourly wage is increased to the federal minimum hourly wage, it shall include only
the federal minimum hourly rate prescribed in 29 U.S.C. sec. 206(a)(1) and shall not
include other wage rates or conditions, exclusions, or exceptions to the federal
minimum hourly wage rate. In addition, the increase to the federal minimum hourly
wage rate does not extend or modify the scope or coverage of the minimum wage
rate required under this chapter.
Notwithstanding the provisions of subsection (1) of this section, for any employee
engaged in an occupation in which he customarily and regularly receives more than
thirty dollars () per month in tips from patrons or others, the employer may pay
as a minimum not less than the hourly wage rate required to be paid a tipped
employee under the federal minimum hourly wage law as prescribed by 29 U.S.C.
sec. 203. The employer shall establish by his records that for each week where
credit is taken, when adding tips received to wages paid, not less than the minimum
rate prescribed in 29 U.S.C. sec. 203 was received by the employee. No employer
shall use all or part of any tips or gratuities received by employees toward the
payment of the statutory minimum hourly wage as required by 29 U.S.C. sec. 203.
Nothing, however, shall prevent employees from entering into an agreement to
divide tips or gratuities among themselves.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 69, sec. 1, effective June 26, 2007. -- Amended
1998 Ky. Acts ch. 240, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts
ch. 115, sec. 3, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 421, sec. 1,
effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 208, sec. 1, effective July 15,
1986. -- Amended 1982 Ky. Acts ch. 249, sec. 1, effective July 15, 1982. -- Amended
1978 Ky. Acts ch. 198, sec. 1, effective June 17, 1978. -- Created 1974 Ky. Acts
ch. 391, sec. 2.
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