Rolling Back Worker’s Rights – Kentucky shortens the statute of limitations on employment claims

This summer, the Kentucky legislature enacted a law to roll back worker protections and protect employers from claims of wage theft by reducing the statute of limitations for claims for employment violations. The new law became effective in July 2024, so Kentucky employees should be aware that any wage claims under Kentucky law are now subject to the shortened timeframe for filing.

1. What changed?

Prior to the new law, employment claims were subject to Kentucky’s general five-year statute of limitations under KRS 413.120(2). House Bill 320, which became law without the Governor’s signature, reduced the statute of limitations to three years. However, the law was not made retroactive, meaning that it does not apply to any claim to arose prior to the effective date of the law. This means that claims for employment violations that occurred before July 15, 2024 are still subject to the 5-year timeframe.

2. What types of claims are impacted?

The new law shortens the statute of limitations for employment claims under the Kentucky Civil Rights Act, wage and hour claims under the KWHA, and Kentucky common law. Specifically, the following employment claims are all now subject to the shortened timeframe: (1) an action against an employer for unlawful discrimination by employers on the basis of race, color, religion, national origin, sex, age (over 40), disability (including pregnancy), or because the individual is a smoker or nonsmoker; (2) an action against an employer for unpaid wages and forced labor or services; and/or (3) an action against an employer for wrongful discharge in violation of public policy.

3. What should I do if I think my employment rights have been violated?

It is important to act quickly if you believe your employment rights have been violated. Once a statute of limitations expires, a person cannot pursue a claim – even if it’s a perfectly valid claim. If you have questions about your rights as an employee or believe your rights have been violated, contact our office for a free consultation.

ADVERTISING ONLY: The information on this blog is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Past results obtained by Biller & Kimble, LLC are no guarantee of future results. Each case or matter is different and must be judged on its own merits.