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Article #55: Payroll Kentucky, Unique Aspects of Kentucky Payroll Law and Practice

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The Kentucky State Agency that oversees 804-771-9602 or on the web at
the collection and reporting of State Kentucky does not allow compulsory direct
income taxes deducted from payroll checks deposit
is: Kentucky requires the following
Revenue Cabinet information on an employee's pay stub:
200 Fair Oaks Lane - Gross and Net Earnings
Frankfort, KY 40601-1134 - purpose of deductions
(502) 564-7287 Kentucky requires that employee be paid
Kentucky requires you to use the Federal no less often than semimonthly, less
"K-4 Employee Withholding Exemption frequently for FLSA-exempt employees.
Certificate" form to calculate state Kentucky requires that the lag time
income tax withholding. between the end of the pay period and the
Not all states allow salary reductions payment of wages to the employee not
made under Section 125 cafeteria plans or exceed eighteen days.
401(k) to be treated in the same manner Kentucky payroll law requires that
as the IRS code allows. In Kentucky involuntarily terminated employees must
cafeteria plans are not taxable for be paid their final pay with in later of
income tax calculation; taxable for next regular payday or 14 days and that
unemployment insurance purposes. 401(k) voluntarily terminated employees must be
plan deferrals are not taxable for income paid their final pay later of next
taxes; taxable for unemployment purposes. regular payday or 14 days.
In Kentucky supplemental wages are Deceased employee's wages must be paid
required to be aggregated for the state when normally due to the surviving spouse
income tax withholding calculation. or custodian of minor children if there
You must file your Kentucky state W-2s by is no will and estate is not over
magnetic media if you are have at least $15,000.
250 employees and are required to file Escheat laws in Kentucky require that
your federal W-2s by magnetic media. unclaimed wages be paid over to the state
The Kentucky State Unemployment Insurance after seven years.
Agency is: The employer is further required in
Department for Employment Services Kentucky to keep a record of the wages
275 E. Main St., 2nd Fl. E. abandoned and turned over to the state
Frankfort, KY 40621 for a period of 5 years.
(502) 564-2900 Kentucky payroll law mandates no more
The State of Kentucky taxable wage base than $3.02 may be used as a tip credit.
for unemployment purposes is wages up to In Kentucky the payroll laws covering
$8000.00. mandatory rest or meal breaks are that
Kentucky requires Magnetic media employees must have a reasonable meal
reporting of quarterly wage reporting if period within 3-5 hours after shift
the employer has at least 250 employees starts; 10-minute rest each 4 hours;
that they are reporting that quarter. minors: 30-minute meal period after 5
Unemployment records must be retained in hours.
Kentucky for a minimum period of six Kentucky statute requires that wage and
years. This information generally hour records be kept for a period of not
includes: name; social security number; less than one year. These records will
dates of hire, rehire and termination; normally consist of at least the
wages by period; payroll pay periods and information required under FLSA.
pay dates; date and circumstances of The Kentucky agency charged with
termination. enforcing Child Support Orders and laws
The Kentucky State Agency charged with is:
enforcing the state wage and hour laws Child Support Enforcement Commission
is: Office of the Attorney General
Labor Cabinet 700 Capitol Ave., Ste. 118
Division of Employment Standards, Frankfort, KY 40601
Apprenticeship and Training (800) 248-1163
1047 U.S. 127 South, Ste. 4 Kentucky has the following provisions for
Frankfort, KY 40601-4381 child support deductions:
(502) 564-3070 - When to start Withholding? Order
The minimum wage in Kentucky is $5.15 per specifies date to begin.
hour. - When to send Payment? Date noted in
The general provision in Kentucky order.
concerning paying overtime in a non-FLSA - When to send Termination Notice?
covered employer is one and one half "Promptly."
times regular rate after 40-hour week. - Maximum Administrative Fee? $1 per
Kentucky State new hire reporting payment.
requirements are that every employer must - Withholding Limits? 50% of
report every new hire and rehire and job disposable earnings.
refusals. The employer must report the Please note that this article is not
federally required elements of: updated for changes that can and will
- Employee's name happen from time to time.
- Employee's address Charles J. Read, CPA has been in the
- Employee's social security number payroll, accounting and tax business for
- Employer's name 30 years,the last fifteen in private
- Employers address practice. Mr. Read is the author of "Tax
- Employer's Federal Employer and Accounting Issuesin Forming a New
Identification Number (EIN) Business."
This information must be reported within To find professional payroll services at
20 days of the hiring or rehiring. a budget price go to paperless payroll
The information can be sent as a W4 or company.
equivalent by mail, fax or For a full service payroll bureau with
electronically. CPA's on staff visit .
There is a $250.00 penalty for 3rd and See an excerpt of Mr. Read's interviews
later offenses for a late report in from William Shatner's "Heartbeat of
Kentucky. America"television show on the web sites
The Kentucky new hire-reporting agency linked above.
can be reached at 800-817-2262 or






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