CHAPTER 86
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1
CHAPTER 86
( HB 456 )
AN ACT relating to counties and declaring an emergency.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 337.285 is amended to read as follows:
(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 Family
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 her 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 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 not
exempt from the provisions of the Federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. secs. 201
et seq., may be granted compensatory 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 ACTS OF THE GENERAL ASSEMBLY 2
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 Trooper 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, shall 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 compensatory 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 regular 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 compensatory 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 Class 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, unified 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 than 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. secs. 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 work period
for compliance with the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. secs. 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 Standards Act of 1938, as amended, 29 U.S.C. secs. 201 et seq.,
only. CHAPTER 86
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(13) (a) A law enforcement department of a consolidated local government organized under KRS Chapter 67C,
[or] 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 of 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[a representative of a
collective bargaining unit certified under KRS 67C.408] that includes the officer agree to
the exception;[ or]
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[a
representative of a collective bargaining unit recognized by the city to collectively bargain
for the officer, if there is a collective bargaining unit,] agree to the exception. If there is no
other entity working with the law enforcement department or[collective bargaining unit
representing] 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 working 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.
Section 2. Whereas recruiting and retaining qualified law enforcement officers to sheriff's offices and
county police forces is crucial to the safety and well-being of the citizens of the Commonwealth, an emergency is
declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise
becoming a law.
Signed by Governor April 5, 2024.