Quote from Ct. of Appeals Decision by Judge Sara Combs on statutory construction

City of Bowling Green v. Helbig (Ky. App., 2012) 2011-CA-001660-MR September 28, 2012
The City is correct in arguing that KRS 337.285(1) prohibits employers from employing any employee for a work week longer than forty (40) hours unless the employee is compensated at an overtime rate. And it concedes that the provisions of KRS 337.285 allow employers to determine whether vacation and leave time may count toward an employee’s total number of hours worked for purposes of computing overtime compensation.

No process of strained statutory construction is necessary on our part in light of the plain language of both statutes and the ordinance before us. In Demko v. United States, 216 F.3d 1049, 1053 (Fed.Cir. 2000), a federal court articulated a metaphor that is particularly appropriate for this case: “When a statute is as clear as a glass slipper and fits without strain, courts should not approve an interpretation that requires a shoehorn.”

Therefore, we vacate the order of the circuit court and remand for entry of an appropriate order consistent with this opinion.

Leave a Comment: