Kentucky
Kentucky Minimum Wage 2026: $7.25 Per Hour, No 2027 Change
Independently fact-checked against primary sources (last audited September 30, 2026). · 21 primary sources cited on this page. How we verify our legal content

Kentucky's minimum wage is $7.25 per hour, set by KRS 337.275(1) since July 1, 2009. That equals the federal rate, so the real difference between the two laws is scope: the Kentucky act has its own exclusions, and the federal Fair Labor Standards Act (FLSA) reaches some workers the state act leaves out. Kentucky law schedules no increase for January 1, 2027.
Information last verified on September 30, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers the Kentucky minimum wage provisions of KRS Chapter 337 and the federal FLSA overlay. It does not cover overtime detail, Kentucky's wage payment rules or any other state.
Kentucky's $7.25 rate and the federal ratchet
KRS 337.275(1) requires every employer to pay each employee at least $7.25 per hour beginning July 1, 2009. The Kentucky Education and Labor Cabinet's workplace poster states the same figure and date. The federal $7.25 rate took effect July 24, 2009 under 29 U.S.C. 206(a)(1)(C), so the two dates differ by three weeks and the amounts have matched ever since.
The statute also links Kentucky to future federal changes: if the federal minimum wage under 29 U.S.C. 206(a)(1) is "increased in excess of the minimum hourly wage in effect under this subsection," the Kentucky minimum "shall be increased to the same amount, effective on the same date as the federal minimum hourly wage rate." The ratchet imports only the rate. The statute says it "does not extend or modify the scope or coverage of the minimum wage rate required under this chapter." Federal rules are on our federal minimum wage page.
Will Kentucky's minimum wage change in 2027?
No. KRS 337.275 contains no schedule and no indexing, and the state rate moves only if Congress raises the federal rate or the General Assembly passes a new Act. Two 2026 Regular Session bills did not advance:
- HB 270 would have raised the rate to $9.50 on its effective date and then in steps to $15 on July 1, 2030. It was introduced January 8, 2026, sent to the House Economic Development and Workforce Investment Committee on January 15, 2026, and shows no later action on the Legislative Research Commission's record page. It is not law.
- HB 336 would have let localities adopt a higher minimum wage. It was sent to the House Local Government Committee on January 21, 2026 and shows no later action. It is not law.
The Kentucky Secretary of State's list of 2026 constitutional amendments for the November 3, 2026 ballot shows one amendment, on a criminal justice measure, and no minimum wage measure.
Tipped employees in Kentucky
KRS 337.275(2) pegs the tipped wage to the federal tipped wage under 29 U.S.C. 203. The Cabinet's poster shows a $2.13 cash wage, and the U.S. Department of Labor's tipped table shows a $2.13 cash wage, a $5.12 maximum tip credit and a $7.25 combined wage. The state statute itself states no dollar credit.

The conditions in KRS 337.275(2) are:
- The employee customarily and regularly receives more than $30 a month in tips.
- The employer's records must show that, for each week a credit is taken, wages plus tips reach at least the minimum wage.
- No employer may use all or part of any tips or gratuities received by employees toward payment of the statutory minimum hourly wage required by 29 U.S.C. 203.
KRS 337.010(2)(d) defines a tipped employee as one who receives more than $30 a month in tips and whose work directly supports, or is itself, the service customers tip for. Tip pooling is governed by KRS 337.065, as reproduced in 2026 Ky. Acts ch. 72 (HB 185, signed April 10, 2026): pools may include tipped employees but not salaried employees, managers or supervisors. An employer may require a tip pool, and pool funds it holds must be kept in an identified, segregated account open to examination by pool participants (KRS 337.065(3)). Federal law separately bars employers from keeping tips (29 U.S.C. 203(m)(2)(B)).
Who the Kentucky act does not cover
KRS 337.275 applies to "every employer" except for people outside the definition of employee in KRS 337.010(2)(a). The exclusions include:
- Employees of retail stores, service industries, hotels, motels and restaurant operations whose average annual gross sales for the five preceding years are under $95,000, and the employer's immediate family members (KRS 337.010(2)(a)6.).
- Agricultural workers; domestic workers in a private home, unless the employer regularly employs more than one domestic worker (KRS 337.010(2)(a)4.); and babysitters and companions of sick or elderly people whose principal duties do not include housekeeping.
- Bona fide executive, administrative, supervisory and professional employees, outside salespeople and outside collectors.
- Federal government employees and newspaper delivery workers.
- Certified learners, apprentices, workers with a disability, sheltered workshop employees and students who hold a certificate from the commissioner authorizing lower pay for the certificate period (KRS 337.010(2)(a)5.).
Neither KRS 337.275 nor KRS 337.010, as reviewed for this page, contains a clause excluding FLSA-covered employment, and neither sets a general under-20 youth wage. The FLSA has its own youth opportunity wage of $4.25 for the first 90 consecutive days for workers under 20 (29 U.S.C. 206(g)); this page does not resolve how that interacts with the Kentucky rate for a worker covered by both laws. The FLSA covers employees of enterprises with at least $500,000 in annual sales or business done (29 U.S.C. 203(s)(1)(A)) and also individual employees engaged in interstate commerce (29 U.S.C. 206(a)), and under 29 U.S.C. 218(a) the higher standard controls.
Local minimum wages
Kentucky has none. KRS 65.016, effective January 9, 2017, provides that a city, county, consolidated local government, urban-county government, charter county government or unified local government "shall not have the authority to require any employer to pay to an employee a certain wage or fringe benefit other than as determined by the employer." Louisville and Lexington therefore cannot set their own minimum wage unless the General Assembly changes that statute.

How to file a wage claim in Kentucky
The Education and Labor Cabinet's Division of Wages and Hours investigates employee complaints about minimum wage, overtime and wage payment. File through the Wages and Hours page or call (502) 564-3534.
- Deadline: an action not otherwise subject to a specific period must be commenced within three years after the cause of action accrued (KRS 337.385(5)).
- Damages: an employer that pays less than the required wage is liable for the unpaid wages, an equal amount as liquidated damages (which a court may reduce or eliminate for good faith with reasonable grounds), costs and reasonable attorney's fees (KRS 337.385(1)-(2)).
- Civil penalty: the Cabinet assesses $100 to $1,000 for paying below the KRS 337.275 rate (KRS 337.990(7)-(8)).
- Retaliation: discharging or discriminating against an employee who complained about wages under KRS 337.275 or 337.285, or who started a KRS 337.385 proceeding, carries a $100 to $1,000 civil penalty (KRS 337.990(9)).
For workers the FLSA covers, the U.S. Department of Labor's Wage and Hour Division takes complaints at 1-866-487-9243 and may not disclose a complainant's identity. An employer that violates the federal minimum wage owes the unpaid wages plus an equal amount as liquidated damages, and the worker may recover attorney's fees and costs (29 U.S.C. 216(b)). A federal suit generally must start within two years, or three years for a willful violation (29 U.S.C. 255(a)), and 29 U.S.C. 215(a)(3) bars retaliation for filing an FLSA complaint.
See also Kentucky final paycheck laws, unpaid wages and the overtime calculator. Nearby Virginia, Illinois and Indiana each have their own minimum wage page.
Disclaimer: This page is general legal information, not legal advice. It covers the Kentucky wage and hour statutes (KRS Chapter 337) and the federal Fair Labor Standards Act (FLSA) as verified on September 30, 2026. For a specific pay situation, consult a lawyer licensed in Kentucky or the state labor agency.
Related pages
- Minimum wage by state
- Federal minimum wage rules
- Kentucky final paycheck laws
- Kentucky at-will employment laws
- Unpaid wages and how to claim them
- Overtime calculator
- Indiana minimum wage
Last updated: September 30, 2026.
Frequently Asked Questions
What is the minimum wage in Kentucky?
$7.25 per hour under KRS 337.275(1), effective July 1, 2009. It equals the federal rate.
Will Kentucky's minimum wage go up in 2027?
No increase is scheduled. The state rate rises only if the federal rate exceeds it (KRS 337.275(1)) or the General Assembly passes a new law; HB 270 to raise it did not advance in 2026.
What is the Kentucky tipped minimum wage?
The cash wage is $2.13 per hour, with tips making up the rest of the $7.25, if the employee receives more than $30 a month in tips (KRS 337.275(2); DOL tipped table).
Can Louisville or Lexington set a higher minimum wage?
No. KRS 65.016 removes local authority to require an employer to pay a certain wage. HB 336 would have changed that but is not law.
Who is not covered by Kentucky's minimum wage law?
KRS 337.010(2)(a) excludes, among others, agricultural workers, domestic workers in a home with only one regularly employed domestic worker, executives and professionals, and employees of small retail, service, hotel and restaurant businesses with average annual gross sales under $95,000.
How long do I have to sue for unpaid minimum wage in Kentucky?
Three years after the cause of action accrued, under KRS 337.385(5). The FLSA gives two years, or three if willful (29 U.S.C. 255(a)).
Where do I file a minimum wage complaint in Kentucky?
With the Education and Labor Cabinet's Division of Wages and Hours, (502) 564-3534. FLSA-covered workers can also call the U.S. Department of Labor at 1-866-487-9243.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kentucky Revised Statutes, Chapter 337: WAGES AND HOURS
§ 337.275Minimum wageIn force
(1) 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 ($5.85) an hour beginning on June 26, 2007, not less than six dollars and fifty- five cents ($6.55) an hour beginning July 1, 2008, and not less than seven dollars and twenty-five cents ($7.25) 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
§ 337.010Definitions for chapterIn forcecited in 4 of our articles
(1) As used in this chapter, unless the context requires otherwise: (a) "Commissioner" means the commissioner of the Department of Workplace Standards under the direction and supervision of the secretary of the Education and Labor Cabinet; (b) "Department" means the Department of Workplace Standards in the Education and Labor Cabinet; (c) 1. "Wages" includes any compensation due to an employee by reason of his or her employment, including salaries, commissions, vested vacation pay, overtime pay, severance or dismissal pay, earned bonuses, and any other similar advantages agreed upon by the employer and the employee or provided to employees as an established policy. The wages shall be payable in legal tender of the United States, checks on banks, direct deposits, or payroll card accounts convertible into cash on demand at full face value, subject to the allowances made in this chapter. However, an employee may not be charged an activation fee and the payroll card account shall provide the employee with the ability, without charge, to make at least one (1) withdrawal per pay period for any amount up to and including the full account balance. 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 69 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- City of Louisville, Division of Fire v. Fire Service Managers Ass'n Ex Rel. Kaelin (Kentucky Supreme Court 2006, 212 S.W.3d 89)“…inistrative regulations of the executive director . . . . KRS 337.010(2) (emphasis added). 803 KAR 1:070 is t…”
- Louisville Water Co. v. Wells (Court of Appeals of Kentucky 1984, 664 S.W.2d 525)“…on we must determine is whether the term “city,” as used in KRS 337.010{3)(e), includes agencies or municipally…”
- Noel v. Season-Sash, Inc. (Court of Appeals of Kentucky 1986, 722 S.W.2d 901)“…promise. In fact, the definition of "employee" contained in KRS 337.010(1)(e) referred to in the complaint incl…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Whistleblower Laws: Protections and How to Report, Kentucky Final Paycheck Laws: The 14-Day Rule Explained, PTO Payout Laws: Does Your State Require It When You Leave a Job?
§ 337.385Employer's liability -- Unpaid wages and liquidated damages -- Punitive damages for forced labor or services -- Period of limitationIn forcecited in 3 of our articles
(1) Except as provided in subsection (3) of this section, any employer who pays any employee less than wages and overtime compensation to which such employee is entitled under or by virtue of KRS 337.020 to 337.285 shall be liable to such employee affected for the full amount of such wages and overtime compensation, less any amount actually paid to such employee by the employer, for an additional equal amount as liquidated damages, and for costs and such reasonable attorney's fees as may be allowed by the court. (2) If, in any action commenced to recover such unpaid wages or liquidated damages, the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he or she had reasonable grounds for believing that his or her act or omission was not a violation of KRS 337.020 to 337.285, the court may, in its sound discretion, award no liquidated damages, or award any amount thereof not to exceed the amount specified in this section. Any agreement between such employee and the employer to work for less than the applicable wage rate shall be no defense to such action.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 50 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Parts Depot, Inc. v. Beiswenger (Kentucky Supreme Court 2005, 170 S.W.3d 354)“…salary earned by him_”), and brought his action pursuant to KRS 337.385(1) (action may be maintained in any cou…”
- Lipson v. Univ. of Louisville (Court of Appeals of Kentucky 2018, 556 S.W.3d 18)“…enefit he conferred on it; (3) violation of KRS 337.060 and KRS 337.385 8 by the University because, in his vi…”
- Early v. Campbell County Fiscal Court (Court of Appeals of Kentucky 1985, 690 S.W.2d 398)“…re the lower Court was the resolution of KRS 337.310(1) and KRS 337.385(1). In dealing with labor matters of wa…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Statute of Limitations: Filing Deadlines by Case Type
§ 337.990Civil penaltiesIn forcecited in 3 of our articles
The following civil penalties shall be imposed by the Education and Labor Cabinet, in accordance with the provisions in KRS 336.985, for violations of the provisions of this chapter: (1) Any firm, individual, partnership, or corporation that violates KRS 337.020 shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense. Each failure to pay an employee the wages when due him under KRS 337.020 shall constitute a separate offense. (2) Any employer who violates KRS 337.050 shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (3) Any employer who violates KRS 337.055 shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense and shall make full payment to the employee by reason of the violation. Each failure to pay an employee the wages as required by KRS 337.055 shall constitute a separate offense.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- TECO Mechanical Contractor, Inc. v. Commonwealth (Kentucky Supreme Court 2012, 366 S.W.3d 386)“…erally liable for any wages the subcontractor fails to pay. KRS 337.990(12). The Cabinet also has the po…”
- Berrier v. Bizer (Kentucky Supreme Court 2001, 57 S.W.3d 271)“…s wrongfully discharged from her employment in violation of KRS 337.990(14), see KRS 446.070, and…”
- Hardin Memorial Hospital, Inc. v. Land (Court of Appeals of Kentucky 1983, 645 S.W.2d 711)“…criminal fines or penalties should be imposed as set out in KRS 337.990(9). ORDER AND JUDGMENT WHEREFORE, I…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 337.065Unlawful for employer to require remittance of gratuity -- Tip poolingIn force
(1) No employer shall require an employee to remit to the employer any gratuity, or any portion thereof, except for the purpose of withholding amounts required by federal or state law. The amount withheld from such gratuity shall not exceed the amount required by federal or state law. (2) As used in this section, "gratuity" means voluntary monetary contribution received by an employee from a guest, patron, or customer for services rendered. (3) An employer may provide custodial services for the safekeeping of funds placed in a tip pool mandated by the employer or voluntarily entered into amongst the employees, if the account is properly identified and segregated from his other business records and open to examination by pool participants. (4) A tip pooling arrangement may include tipped employees. A tip pooling arrangement shall not include salaried employees, managers, or supervisors.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Kentucky Revised Statutes, Chapter 65: GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS
§ 65.016Prohibition against requiring any employer to pay employee a certain wage or fringe benefitIn force
The legislative body of any city, county, consolidated local government, urban-county government, charter county government, or unified local government shall not have the authority to require any employer to pay to an employee a certain wage or fringe benefit other than as determined by the employer.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
United States Code Title 29
§ 203DefinitionsIn forcecited in 32 of our articles
As used in this chapter— “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States. “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 4,743 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Wisconsin v. Yoder (Supreme Court of the United States 1972, 406 U.S. 205)“…hteen years or detrimental to their health or well-being." 29 U. S. C. § 203 (l). [20] Cf. e. g., Jacobson v…”
- College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board (Supreme Court of the United States 1999, 527 U.S. 666)“…specifically covered the state hospitals in question, see 29 U. S. C. § 203 (d) (1964 ed.), and such coverage was u…”
- Garcia v. San Antonio Metropolitan Transit Authority (Supreme Court of the United States 1985, 469 U.S. 528)“…vernment employees. §§ 6(a)(1) and (6), 88 Stat. 58 , 60, 29 U. S. C. §§ 203 (d) and (x). SATS complied with the FLS…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Minimum Wage 2026: $7.25 an Hour Since 2009, Minimum Wage by State 2026: All 50 States and DC, Alabama Minimum Wage 2026: $7.25 Federal, No State Rate
§ 206Minimum wageIn forcecited in 49 of our articles
Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: except as otherwise provided in this section, not less than— $5.85 an hour, beginning on the 60th day after May 25, 2007; $6.55 an hour, beginning 12 months after that 60th day; and $7.25 an hour, beginning 24 months after that 60th day; if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 6,250 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j) (Court of Appeals for the Third Circuit 1999, 184 F.3d 236)“…wage provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 206 (a), for the work he was compelled to d…”
- Christensen v. Harris County (Supreme Court of the United States 2000, 529 U.S. 576)“…in the private sector of the economy or the public sector. 29 U. S. C. §§ 206 , 207 (1994 ed. and Supp. III). In 1985…”
- Barrentine v. Arkansas-Best Freight System, Inc. (Supreme Court of the United States 1981, 450 U.S. 728)“…a minimum wage under § 6 of the Fair Labor Standards Act, 29 U. S. C. § 206 , may not be waived through a collectiv…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Debt Collection Laws: Garnishment Formula, the 6-Year Consumer Debt Rule, and Repossession, South Dakota Debt Collection Laws: The 20% Garnishment Cap and 120-Day Lien, Wage Theft in the U.S.: Your Rights Regardless of Immigration Status
§ 215Prohibited acts; prima facie evidenceIn forcecited in 33 of our articles
After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person— to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,632 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., Defendants (Court of Appeals for the First Circuit 1979, 600 F.2d 1003)“…available under the FLSA. A relevant starting point may be 29 U.S.C. § 215 (a)(3), which prohibits the retaliatory…”
- United States v. Universal C. I. T. Credit Corp. (Supreme Court of the United States 1952, 344 U.S. 218)“…1060 , *219 1068-1069, as amended, 63 Stat. 910 , 919, 29 U. S. C. §§ 215 , 216 (a), charging the defendant corpo…”
- Mitchell v. Robert DeMario Jewelry, Inc. (Supreme Court of the United States 1960, 361 U.S. 288)“…he three employees in violation of § 15 (a)(3) of the Act, 29 U. S. C. § 215 (a)(3), and' praying for an. order enj…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Whistleblower Laws: Protections and How to Report, Employer Threatening to Call Immigration? Your Rights in the U.S., Connecticut Minimum Wage 2026: $16.94 an Hour ($17.48 in 2027)
§ 216PenaltiesIn forcecited in 46 of our articles
Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 9,526 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):The Supreme Court treats Section 216(b) as the FLSA's private-suit clause. Alden v. Maine (1999) held Article I gives Congress no power to subject nonconsenting states to such private damages suits in their own courts. Christensen v. Harris County (2000) applied Section 216(b)'s requirement that plaintiffs prove a Section 207 violation.
Opinions citing this section in our collection:
- Alyeska Pipeline Service Co. v. Wilderness Society (Supreme Court of the United States 1975, 421 U.S. 240)“…abor Standards Act, § 16 (b), 52 Stat. 1069 , as amended, 29 U. S. C. § 216 (b); Longshoremen's and Harbor Workers…”
- Roadway Express, Inc. v. Piper (Supreme Court of the United States 1980, 447 U.S. 752)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V).” Id., at 6…”
- Hutto v. Finney (Supreme Court of the United States 1979, 437 U.S. 678)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V). [29] See…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Unpaid Wages: How to File a Claim and Recover What You're Owed, Independent Contractor vs. Employee: The IRS, DOL and ABC Tests, Alaska Minimum Wage 2026: $14.00 an Hour, $15.00 in July 2027
§ 218Relation to other lawsIn forcecited in 52 of our articles
No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 312 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinion (Court of Appeals for the Ninth Circuit 2000, 208 F.3d 1144)“…wage, hour, and child labor legislation. See 29 U.S.C. § 218 (a). 1 *1151…”
- United States v. Klinghoffer Bros. Realty Corp., Irving Jacobson and Albert Klinghoffer (Court of Appeals for the Second Circuit 1961, 285 F.2d 487)“…agreement to accept reduced pay is valid, notwithstanding 29 U.S.C. § 218 . White v. Witwer Grocer Co., 8 Cir.,…”
- Pacific Merchant Shipping Ass'n v. Aubry (Court of Appeals for the Ninth Circuit 1990, 918 F.2d 1409)“…han the maximum workweek established under this chapter. 29 U.S.C. Section 218 (a). The employees and the United State…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Minimum Wage 2026: $15.15 Per Hour, $15.65 in 2027, Arkansas Minimum Wage 2026: $11.00 an Hour, Tip Credit Rules, California Minimum Wage 2026: $16.90 an Hour, $17.40 in 2027
§ 255Statute of limitationsIn forcecited in 39 of our articles
Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act 1 See References in Text note below. — if the cause of action accrues on or after May 14, 1947 —may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; if the cause of action accrued prior to May 14, 1947 —may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods; if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b)…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,924 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Kimel v. Florida Board of Regents (Supreme Court of the United States 2000, 528 U.S. 62)“…added to the statute of limitations provision of the FLSA, 29 U. S. C. § 255 , a new subsection (d), which suspended…”
- Oscar Mayer & Co. v. Evans (Supreme Court of the United States 1979, 441 U.S. 750)“…title shall apply to actions under this chapter." Title 29 U. S. C. § 255 provides in relevant part: "Any acti…”
- Phyllis Miller v. Maxwell's International Inc., Dba Maxwell's Plum, Debtor in Possession Carlo Galazzo, Gen. Mgt., Dino La Rosa Don Bohn Don Schupak (Court of Appeals for the Ninth Circuit 1993, 991 F.2d 583)“…o a more generous three-year statute of limitations. See 29 U.S.C. § 255 (a) (1988) (three-year statute of limit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Colorado Minimum Wage 2026: $15.16, $15.71 in 2027, Georgia Minimum Wage 2026: $7.25 Federal, $5.15 State Rate, Hawaii Minimum Wage 2026: $16.00 an Hour, Next Step $18.00 in 2028
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Sources and References
- KRS 337.275, minimum wage and tip credit(apps.legislature.ky.gov).gov
- Kentucky Education and Labor Cabinet, Wage and Hour poster(elc.ky.gov).gov
- 29 U.S.C. 206, minimum wage (Cornell LII)(law.cornell.edu).gov
- 2026 RS HB 270, Kentucky Legislative Research Commission(apps.legislature.ky.gov).gov
- 2026 RS HB 336, Kentucky Legislative Research Commission(apps.legislature.ky.gov).gov
- Kentucky Secretary of State, 2026 constitutional amendments(sos.ky.gov).gov
- U.S. DOL, Tipped minimum wage by state(dol.gov).gov
- 29 U.S.C. 203, definitions and tip credit (Cornell LII)(law.cornell.edu).gov
- KRS 337.010, definitions (employee, tipped employee)(apps.legislature.ky.gov).gov
- 2026 Ky. Acts ch. 72 (HB 185), tip pooling(apps.legislature.ky.gov).gov
- U.S. DOL Wage and Hour Division, Minimum Wage FAQ(dol.gov).gov
- 29 U.S.C. 218, effect on other laws (Cornell LII)(law.cornell.edu).gov
- KRS 65.016, local wage authority(apps.legislature.ky.gov).gov
- Kentucky Education and Labor Cabinet, Wages and Hours(elc.ky.gov).gov
- KRS 337.385, civil action and limitation period(apps.legislature.ky.gov).gov
- KRS 337.990, penalties(apps.legislature.ky.gov).gov
- U.S. DOL Wage and Hour Division, file a complaint(dol.gov).gov
- 29 U.S.C. 216, penalties and civil actions (Cornell LII)(law.cornell.edu).gov
- 29 U.S.C. 255, statute of limitations (Cornell LII)(law.cornell.edu).gov
- 29 U.S.C. 215, prohibited acts (Cornell LII)(law.cornell.edu).gov
- KRS 337.065, tips and tip pools(apps.legislature.ky.gov).gov