Fisher Phillips: Kentucky Court of Appeals Rejects Representative Actions in Kentucky Wages and Hours Act | Practical Law

Fisher Phillips: Kentucky Court of Appeals Rejects Representative Actions in Kentucky Wages and Hours Act | Practical Law

This wage and hour Law Firm Publication by Fisher & Phillips LLP addresses McCann v. Sullivan University, in which the Kentucky Court of Appeals held that the Kentucky Wages and Hours Act (KWHA) does not permit representative wage and hour actions. The federal Fair Labor Standards Act (FLSA) contains language allowing lawsuits that are brought on behalf of "other employees similarly situated." The Kentucky Court of Appeals noted that, despite several previous state and federal cases allowing representative actions under the KWHA, the KWHA's language sharply contrasts with the FLSA, plainly allowing only for actions brought on behalf of "himself, herself or themselves."

Fisher Phillips: Kentucky Court of Appeals Rejects Representative Actions in Kentucky Wages and Hours Act

by Fisher & Phillips LLP
Published on 20 Mar 2015Kentucky, United States
This wage and hour Law Firm Publication by Fisher & Phillips LLP addresses McCann v. Sullivan University, in which the Kentucky Court of Appeals held that the Kentucky Wages and Hours Act (KWHA) does not permit representative wage and hour actions. The federal Fair Labor Standards Act (FLSA) contains language allowing lawsuits that are brought on behalf of "other employees similarly situated." The Kentucky Court of Appeals noted that, despite several previous state and federal cases allowing representative actions under the KWHA, the KWHA's language sharply contrasts with the FLSA, plainly allowing only for actions brought on behalf of "himself, herself or themselves."