Static educational checklist — not a calculator. No seven-day punch grids, no 1.5× engines, no live overtime math. Spot common Kentucky KRS 337.050 seventh-day overtime red flags: when an employer who permits an employee to work seven days in one workweek must pay time and one-half for time worked on the seventh day, how the under-40 “not permitted” carve-out and listed exemptions work, and when payroll collapses Kentucky’s rule with FLSA special-day premiums, California LC 510 seventh-day (1.5× first 8 / 2× after 8), or USVI 6th+7th consecutive myths. Distinct from the holiday / Sunday / special-day premium (§ 778.203), fire/police § 7(k), and premium-credit cheat-sheet pages.
Baseline — what KRS 337.050 requires (and does not)
Under Kentucky Revised Statutes § 337.050, any employer who permits an employee to work seven days in any one workweek shall pay time and one-half for the time worked on the seventh day. “Workweek” means a calendar week or any other permanent period of seven consecutive days adopted by the employer without intent to evade the overtime provision. Subsection (2)(a) provides that the seventh-day premium does not apply when the employee is not permitted to work more than forty hours during the workweek (and allows credit for other overtime paid for the same hours). Subsection (2)(b) lists industry / role carve-outs (small telephone exchanges, certain licensed-profession assistants, Railway Labor Act employees, seamen / water transportation, icing railroad cars, and certain common carriers). Subsection (3) excludes officers, superintendents, foremen, or supervisors whose duties are principally limited to directing or supervising other employees. Kentucky’s weekly overtime floor for many private employees also sits in KRS 337.285 (over 40), with its own retail / restaurant / FLSA-crosswalk exemptions — this page focuses on the seventh-day rule in § 337.050, not a full KRS 337.285 audit. This page does not compute Kentucky seventh-day overtime — it only flags compliance red flags.
Checklist — Kentucky seventh-day overtime red flags
Seven days worked, Day 7 still paid straight time when the week exceeds 40. Flag Kentucky schedules that treat the seventh day like any other straight-time day even though the employee worked all seven days and the workweek went over 40 hours. KRS 337.050 requires time and one-half for time worked on the seventh day in that situation — not merely “weekly OT on hours over 40” with Day 7 left at 1.0×.
Floating / evasion workweeks that dodge the seventh day. Flag mid-roster flips of the workweek start day so a seventh consecutive day of work never lands “inside” the adopted week, rotating “calendar week vs Sun–Sat vs Mon–Sun” labels without a permanent adoption, or workweeks changed with the intent to evade § 337.050. The statute requires the seven-day period to be adopted as permanent and without intent to evade.
Under-40 “not permitted” carve-out myths. Flag employers who claim subsection (2)(a) relief while still permitting (or regularly scheduling) more than 40 hours in seven-day weeks, who treat “we usually stay under 40” as a permanent exemption, or who ignore that the carve-out turns on the employee not being permitted to work more than 40 — not on after-the-fact hope that OT will not accrue. When the carve-out truly applies, overtime paid under other law or contract for the same hours may be credited against the Kentucky seventh-day premium.
Supervisor / licensed-professional / industry exemption overreach. Flag working leads, charge nurses, or “assistant managers” who spend most of their time in production work but are parked under the subsection (3) supervisor exclusion; stenographer / bookkeeper / technical-assistant labels pasted onto roles outside licensed professions; and Railway Labor Act / seamen / common-carrier carve-outs applied to ordinary warehouse or retail crews. Exemptions are statutory — job titles alone do not expand them.
FLSA § 778.203 / holiday-premium / § 7(e)(6) collapses. Flag payroll that treats Kentucky’s mandatory seventh-day premium as if it were only an optional FLSA special-day premium that can be excluded from the regular rate when it hits 1½× — or that assumes FLSA weekly-40 compliance automatically satisfies KRS 337.050. Kentucky’s seventh-day rule is a state overtime floor; FLSA § 778.203 / § 7(e)(6) governs when qualifying special-day premiums may be excluded from the regular rate and credited toward FLSA OT — related, not identical.
California LC 510 seventh-day (1.5× first 8 / 2× after 8) mixups. Flag multi-state handbooks that paste California’s seventh-consecutive-day pattern (time and one-half for the first eight hours on the seventh consecutive day, double time thereafter) onto Kentucky crews, or that assume Kentucky requires double time after eight on Day 7. Kentucky § 337.050 is time and one-half for time worked on the seventh day of the workweek — not California’s consecutive-day / double-time frame.
USVI 6th+7th consecutive / other-jurisdiction myths. Flag U.S. Virgin Islands sixth-and-seventh consecutive-day overtime macros, Rhode Island Sunday/holiday overlays, or “any seventh day anywhere is 1.5×” folklore applied to Kentucky payroll. Kentucky’s trigger is seven days worked in the adopted workweek under KRS 337.050 — not a transplant of another territory’s consecutive-day statute.
Fire/police § 7(k) / hospital § 7(j) 8/80 / Belo / FWW overlays. Flag public-safety or hospital employers in Kentucky that assume a federal § 7(k) work period or § 7(j) 8/80 agreement wipes out KRS 337.050, or that Belo / fluctuating-workweek guarantees are treated as a substitute for tracking seventh-day premiums. Federal partial overtime systems do not automatically erase a stricter state seventh-day floor where it applies.
Stub / record / regular-rate gaps. Flag wage statements that never show which day was the seventh day of the adopted workweek, missing permanent workweek-adoption records, Day-7 lines paid at 1.0× with no premium legend, and regular-rate recomputation skipped when nondiscretionary bonuses or shift differentials land in a seven-day week. Record gaps turn every surge week into a he-said / she-said seventh-day fight.