WAGES AND HOURS

KRS tit. XXVII, ch. 337

in effect

KRS 337.010 Definitions for chapter

337.010. Definitions for chapter (1) As used in this chapter, unless the context requires otherwise: (a) "Commissioner" means the commissioner of the Department of Workplace Standards under the direction and supervision of the secretary of the Education and Labor Cabinet; (b) "Department" means the Department of Workplace Standards in the Education and Labor Cabinet; (c) 1. "Wages" includes any compensation due to an employee by reason of his or her employment, including salaries, commissions, vested vacation pay, overtime pay, severance or dismissal pay, earned bonuses, and any other similar advantages agreed upon by the employer and the employee or provided to employees as an established policy. The wages shall be payable in legal tender of the United States, checks on banks, direct deposits, or payroll card accounts convertible into cash on demand at full face value, subject to the allowances made in this chapter. However, an employee may not be charged an activation fee and the payroll card account shall provide the employee with the ability, without charge, to make at least one (1) withdrawal per pay period for any amount up to and including the full account balance. 2. For the purposes of calculating hourly wage rates for scheduled overtime for professional firefighters, as defined in KRS 95A.210(8), "wages" shall not include the distribution to qualified professional firefighters by local governments of supplements received from the Firefighters Foundation Program Fund. For the purposes of calculating hourly wage rates for unscheduled overtime for professional firefighters, as defined in KRS 95A.210(9), "wages" shall include the distribution to qualified professional firefighters by local governments of supplements received from the Firefighters Foundation Program Fund; (d) "Employer" is any person, either individual, corporation, partnership, agency, or firm who employs an employee and includes any person, either individual, corporation, partnership, agency, or firm acting directly or indirectly in the interest of an employer in relation to an employee; and (e) "Employee" is any person employed by or suffered or permitted to work for an employer, except that: 1. Notwithstanding any voluntary agreement entered into between the United States Department of Labor and a franchisee, neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose under this chapter; and 2. Notwithstanding any voluntary agreement entered into between the United States Department of Labor and a franchisor, neither a franchisor nor a franchisor's employee shall be deemed to be an employee of the franchisee for any purpose under this chapter. For purposes of this paragraph, "franchisee" and "franchisor" have the same meanings as in 16 C.F.R. sec. 436.1. (2) As used in KRS 337.275 to 337.325, 337.345, and 337.385 to 337.405, unless the context requires otherwise: (a) "Employee" is any person employed by or suffered or permitted to work for an employer, but shall not include: 1. Any individual employed in agriculture; 2. Any individual employed in a bona fide executive, administrative, supervisory, or professional capacity, or in the capacity of outside salesman, or as an outside collector as the terms are defined by administrative regulations of the commissioner; 3. Any individual employed by the United States; 4. Any individual employed in domestic service in or about a private home. The provisions of this section shall include individuals employed in domestic service in or about the home of an employer where there is more than one (1) domestic servant regularly employed; 5. Any individual classified and given a certificate by the commissioner showing a status of learner, apprentice, worker with a disability, sheltered workshop employee, and student under administrative procedures and administrative regulations prescribed and promulgated by the commissioner. This certificate shall authorize employment at the wages, less than the established fixed minimum fair wage rates, and for the period of time fixed by the commissioner and stated in the certificate issued to the person; 6. Employees of retail stores, service industries, hotels, motels, and restaurant operations whose average annual gross volume of sales made for business done is less than ninety-five thousand dollars ($95,000) for the five (5) preceding years exclusive of excise taxes at the retail level or if the employee is the parent, spouse, child, or other member of his or her employer's immediate family; 7. Any individual employed as a baby-sitter in an employer's home, or an individual employed as a companion by a sick, convalescing, or elderly person or by the person's immediate family, to care for that sick, convalescing, or elderly person and whose principal duties do not include housekeeping; 8. Any individual engaged in the delivery of newspapers to the consumer; 9. Any individual subject to the provisions of KRS Chapters 7, 16, 27A, 30A, and 18A provided that the secretary of the Personnel Cabinet shall have the authority to prescribe by administrative regulation those emergency employees, or others, who shall receive overtime pay rates necessary for the efficient operation of government and the protection of affected employees; 10. Any employee employed by an establishment which is an organized nonprofit camp, religious, or nonprofit educational conference center, if it does not operate for more than two hundred ten (210) days in any calendar year; 11. Any employee whose function is to provide twenty-four (24) hour residential care on the employer's premises in a parental role to children who are primarily dependent, neglected, and abused and who are in the care of private, nonprofit childcaring facilities licensed by the Cabinet for Health and Family Services under KRS 199.640 to 199.670; 12. Any individual whose function is to provide twenty-four (24) hour residential care in his or her own home as a family caregiver, family home provider, or adult foster care provider and who is approved to provide family caregiver services to an adult with a disability through a contractual relationship with a community board for mental health or individuals with an intellectual disability established under KRS 210.370 to 210.460 or through a contractual relationship with a certified waiver provider as defined in 907 KAR 7:005 sec. 1(5), or is certified or licensed by the Cabinet for Health and Family Services to provide adult foster care; 13. A direct seller as defined in Section 3508(b)(2) of the Internal Revenue Code of 1986; 14. Any individual whose function is to provide behavior support services, behavior programming services, case management services, community living support services, positive behavior support services, or respite services through a contractual relationship with a certified waiver provider, as defined in 907 KAR 7:005 sec. 1(5), pursuant to a 1915(c) home and community based services waiver program, as defined in 907 KAR 7:005 sec. 1(2); or 15. Any individual employed to play baseball who is compensated pursuant to the terms of a contract and a collective bargaining agreement that expressly provides for wages and working conditions; (b) "Agriculture" means farming in all its branches, including cultivation and tillage of the soil; dairying; production, cultivation, growing, and harvesting of any agricultural or horticultural commodity; raising of livestock, bees, furbearing animals, or poultry; and any practice, including any forestry or lumbering operations, performed on a farm in conjunction with farming operations, including preparation and delivery of produce to storage, to market, or to carriers for transportation to market; (c) "Gratuity" means voluntary monetary contribution received by an employee from a guest, patron, or customer for services rendered; (d) "Tipped employee" means any employee engaged in an occupation in which he or she: 1. Customarily and regularly receives more than thirty dollars ($30) per month in tips; and 2. Performs work that: a. Directly supports or is itself the service function for which a customer would tip, regardless of whether the employee performs the service function; or b. Directly supports the service function that involves any amount of direct customer interaction or is performed in the direct line of sight of customers; and (e) "U.S.C." means the United States Code. Effective: April 10, 2026 History: Amended 2026 Ky. Acts ch. 72, sec. 6, effective April 10, 2026. -- Amended 2025 Ky. Acts ch. 22, sec. 1, effective March 17, 2025. -- Amended 2022 Ky. Acts ch. 236, sec. 115, effective July 1, 2022. -- Amended 2021 Ky. Acts ch. 153, sec. 1, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 2, sec. 1, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 3, sec. 5, effective January 9, 2017; ch. 24, sec. 1, effective June 29, 2017; ch. 96, sec. 1, effective June 29, 2017; and ch. 134, sec. 3, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 146, sec. 113, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 24, sec. 1727, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 33, sec. 4, effective March 20, 2009. -- Amended 2005 Ky. Acts ch. 99, sec. 67, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 166, sec. 3, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 154, sec. 92, effective July 15, 1998; ch. 426, sec. 558, effective July 15, 1998; and ch. 606, sec. 113, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 48, sec. 1, effective July 15, 1996; ch. 100, sec. 1, effective July 15, 1996; and ch. 115, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 405, sec. 85, effective July 15, 1994; and ch. 492, sec. 1, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 208, sec. 2, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 414, sec. 12, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 54, sec. 1, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 141, sec. 1, effective June 17, 19 78; and ch. 340, sec. 1, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 223, sec. 1. -- Amended 1974 Ky. Acts ch. 341, sec. 1; and ch. 391, sec. 1. -- Amended 1970 Ky. Acts ch. 33, sec. 1. -- Amended 1968 Ky. Acts ch. 100, sec. 6. -- Amended 1966 Ky. Acts ch. 158, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1599c -4, 1599c-39, 2290c-1, 2290c-2, 4767a-1, 4767a-17. Legislative Research Commission Note (3/25/19). 2019 Ky. Acts ch. 67, sec. 1, amended KRS 95A.210 to add new subsections and to change the internal numbering of others. KRS 337.010(1) cites KRS 95A.210(5) and 95A.210(6). It is clear from the context that in this section KRS 95A.210(5) should have been changed to KRS 95A.210(8) to conform , and that KRS 95A.210(6) should have been changed to KRS 95A.210(9) to conform. These errors have been corrected in codification under the authority of KRS 7.136.

KRS 337.015 Leave of absence for employee to receive adoptive child -- Adoptive parents to receive paid leave and other benefits provided to birth parents -- Exemptions.

337.015. Leave of absence for employee to receive adoptive child -- Adoptive parents to receive paid leave and other benefits provided to birth parents -- Exemptions. (1) Upon receiving written request by an employee, every employer shall grant reasonable personal leave not to exceed six (6) weeks, or if the employer has established a policy providing time off for birth parents that is greater than six (6) weeks, that period of time shall be the minimum period of leave available to adoptive parents, when the reception of an adoptive child under the age of ten (10) is the reason for such request. (2) If an employer provides paid leave or any other benefits to employees who are birth parents following the birth of a child, it shall also provide the same type, amount, and duration of paid leave and other benefits to employees following the adoption of a child. (3) This section shall not apply to an adoption by a fictive kin, stepparent, stepsibling, blood relative, including a relative of halfblood, first cousin, aunt, uncle, nephew, niece, and a person of a preceding generation as denoted by prefixes of grand, great, or great-great, or a foster parent who adopts a foster child who is already in their care. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 76, sec. 1, effective June 29, 2021. -- Created 1982 Ky. Acts ch. 422, sec. 1, effective July 15, 1982.

KRS 337.020 Time of payment of wages -- Exception

337.020. Time of payment of wages -- Exception Every employer doing business in this state shall, as often as semimonthly, pay to each of its employees all wages or salary earned to a day not more than eighteen (18) days prior to the date of that payment. Any employee who is absent at the time fixed for payment, or who, for any other reason, is not paid at that time, shall be paid thereafter at any time upon six (6) days' demand. No employer subject to this section shall, by any means, secure exemption from it. Every such employee shall have a right of action against any such employer for the full amount of his wages due on each regular pay day. The provisions of this section do not apply to those individuals defined in KRS 337.010(2)(a)2. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 126, sec. 1, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 340, sec. 2, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 576a-1.

KRS 337.030 Repealed, 1978

337.030. Repealed, 1978 Catchline at repeal: Wage earners to be paid in lawful money. History: Repealed 1978 Ky. Acts ch. 340, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1350.

KRS 337.040 Repealed, 1978

337.040. Repealed, 1978 Catchline at repeal: Redemption of script -- Action to enforce -- Purchaser to keep record. History: Repealed 1978 Ky. Acts ch. 340, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4758b-1.

KRS 337.050 Time and a half for work done on seventh day of week -- Exceptions

337.050. Time and a half for work done on seventh day of week -- Exceptions (1) Any employer who permits any employee to work seven (7) days in any one (1) workweek shall pay him at the rate of time and a half for the time worked on the seventh day. For the purposes of this subsection, the term "workweek" shall mean a calendar week or any other period of seven (7) consecutive days adopted by the employer as the workweek with the intention that the same shall be permanent and without the intention to evade the overtime provision set out herein. (2) (a) Subsection (1) shall not apply in any case in which the employee is not permitted to work more than forty (40) hours during the workweek. In that case the employer may credit against the overtime payable under this section any overtime paid by him to the employees for the same hours under the requirements of any other law or contract. (b) Subsection (1) shall not apply to telephone exchanges having less than five hundred (500) subscribers, nor to stenographers, bookkeepers, or technical assistants of professions such as doctors, accountants, lawyers, and other professions licensed under the laws of this state, nor to any employees subject to the Federal Railway Labor Act and seamen or persons engaged in operating boats or other water transportation facilities upon navigable streams, nor to persons engaged in icing railroad cars, nor to common carriers under the supervision of the Department of Vehicle Regulation. (3) "Employee" as used in subsection (1) does not include any officer, superintendent, foreman, or supervisor whose duties are principally limited to directing or supervising other employees. History: Amended 1974 Ky. Acts ch. 28, sec. 1; and ch. 74, Art. IV, sec. 20(2). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599c-20.

KRS 337.055 Payment of all wages or salary upon dismissal or voluntary leaving required

337.055. Payment of all wages or salary upon dismissal or voluntary leaving required Any employee who leaves or is discharged from his employment shall be paid in full all wages or salary earned by him; not later than the next normal pay period following the date of dismissal or voluntary leaving or fourteen (14) days following such date of dismissal or voluntary leaving whichever last occurs. Any employee who is absent at the time fixed for payment by an employer, or who, for any other reason, is not paid at that time, shall be paid thereafter at any time or upon fourteen (14) days' demand. No employer shall, by any means, secure exemption from this section. History: Created 1974 Ky. Acts ch. 275, sec. 1.

KRS 337.060 Unlawful for employer to withhold wages -- Exceptions -- Specified deductions from wages prohibited

337.060. Unlawful for employer to withhold wages -- Exceptions -- Specified deductions from wages prohibited (1) No employer shall withhold from any employee any part of the wage agreed upon. This section shall not make it unlawful for an employer to withhold or divert any portion of an employee's wage when the employer is authorized to do so by local, state, or federal law or when a deduction is expressly authorized in writing by the employee to cover insurance premiums, hospital and medical dues, or other deductions not amounting to a rebate or deduction from the standard wage arrived at by collective bargaining or pursuant to wage agreement or statute, nor shall it preclude deductions for union dues where such deductions are authorized by joint wage agreements or collective bargaining contracts negotiated between employers and employees or their representative and meet the requirements of KRS 336.135. However, a collective bargaining agreement entered into, opted in, renewed, or extended on or after January 9, 2017, shall not contain provisions authorizing or requiring the deduction of any portion of an employee's wages without the written consent of the employee. (2) Notwithstanding the provisions of subsection (1) of this section, no employer shall deduct the following from the wages of employees: (a) Fines; (b) Cash shortages in a common money till, cash box or register used by two (2) or more persons; (c) Breakage; (d) Losses due to acceptance by an employee of checks which are subsequently dishonored if such employee is given discretion to accept or reject any check; or (e) Losses due to defective or faulty workmanship, lost or stolen property, damage to property, default of customer credit, or nonpayment for goods or services received by the customer if such losses are not attributable to employee's willful or intentional disregard of employer's interest. Effective:January 9, 2017 History: Amended 2017 Ky. Acts ch. 6, sec. 4, effective January 9, 2017. -- Amended 1984 Ky. Acts ch. 223, sec. 1, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 74, sec. 1, effective June 17, 1978; and ch. 141, sec. 2, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599c-19.

KRS 337.065 Unlawful for employer to require remittance of gratuity -- Tip pooling

337.065. Unlawful for employer to require remittance of gratuity -- Tip pooling (1) No employer shall require an employee to remit to the employer any gratuity, or any portion thereof, except for the purpose of withholding amounts required by federal or state law. The amount withheld from such gratuity shall not exceed the amount required by federal or state law. (2) As used in this section, "gratuity" means voluntary monetary contribution received by an employee from a guest, patron, or customer for serv ices rendered. (3) An employer may provide custodial services for the safekeeping of funds placed in a tip pool mandated by the employer or voluntarily entered into amongst the employees, if the account is properly identified and segregated from his other business records and open to examination by pool participants. (4) A tip pooling arrangement may include tipped employees. A tip pooling arrangement shall not include salaried employees, managers, or supervisors. Effective: April 10, 2026 History: Amended 2026 Ky. Acts ch. 72, sec. 7, effective April 10, 2026. -- Amended 2022 Ky. Acts ch. 236, sec. 176, effective July 1, 2022. -- Amended 1996 Ky. Acts ch. 115, sec. 2, effective July 15, 1996. -- Created 1976 Ky. Acts ch. 222, sec. 1.

KRS 337.070 Employer to furnish employee with statement of wage deductions

337.070. Employer to furnish employee with statement of wage deductions All employers who employ ten (10) or more and pay their employees by check or otherwise, making deductions from the salaries and wages due said employees, shall state specifically the amount for which the deductions are made, and each such employer at the time of payment of salary or wage to each employee shall furnish the employee a paper or electronic statement giving the amount of each deduction and the general purpose for which the deduction is made. If an employer provides an electronic statement, then the employer shall provide access to a computer and printer for review and printing by the employee. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 134, sec. 5, effective June 29, 2017. -- Created 1944 Ky. Acts ch. 63, sec. 1.

KRS 337.075 Lien on property of employer who violates provisions of chapter -- Recording of lien

337.075. Lien on property of employer who violates provisions of chapter -- Recording of lien (1) A lien may be placed on all property, both real and personal, of an employer who has been assessed civil penalties by the commissioner for violations of the wages and hours provisions of this chapter, but not before all administrative and judicial appeals have been exhausted. The lien shall be in favor of the Education and Labor Cabinet and shall be an amount totaling the unpaid wages and penalties due, together with interest at a rate of twelve percent (12%) per annum from the date the notice of the violation is final, but not before all administrative and judicial appeals have been exhausted. The lien shall be attached to all property and rights to property owned or subsequently acquired by the employer. The commissioner or the commissioner's designee shall record the lien as provided in subsection (2) of this section. The lien shall show the date on which the notice of violation was issued, the date of the violation, the name and last known address of the employer against whom the assessment was made, and the amount of unpaid wages, penalties, and interest. The lien shall be superior to the lien of any mortgage or encumbrance thereafter created and shall continue for ten (10) years from the time of the recording, unless sooner released or otherwise discharged. (2) The lien shall be filed in any of the following offices in which the employer owns property or rights to property and any filing fees associated with filing the lien shall be pursuant to KRS 64.012: (a) The office of the county clerk of the county in which the defendant employer resides. (b) The office of the county clerk of the county in which the defendant employer has its principal place of business. (c) The office of the county clerk of any county in which the defendant employer has property or an interest in property. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 116, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 1728, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 255, sec. 24, effective January 1, 2007. -- Created 1994 Ky. Acts ch. 130, sec. 1, effective July 15, 1994.

KRS 337.100 Volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or emergency management agency member absent from employment due to emergency or injury incurred in the line of duty

337.100. Volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or emergency management agency member absent from employment due to emergency or injury incurred in the line of duty (1) No employer shall terminate an employee who is a volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or a member of an emergency management agency because that employee, when acting as a volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or a member of an emergency management agency, is absent or late to the employee's employment in order to respond to an emergency prior to the time the employee is to report to his or her place of employment. (2) No employer shall terminate an employee who is a volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or a member of an emergency management agency because that employee, when acting as a volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or a member of an emergency management agency, takes leave following a critical incident pursuant to KRS 15.518 and 95A.292. (3) An employer may charge any time that an employee who is a volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or a member of an emergency management agency loses from employment because of the employee's response to an emergency against the employee's regular pay. (4) An employer may request an employee who loses time from the employee's employment to respond to an emergency to provide the employer with a written statement from the supervisor or acting supervisor of the volunteer fire department, rescue squad, emergency medical services agency, law enforcement agency, or the director of the emergency management agency stating that the employee responded to an emergency and listing the time and date of the emergency. (5) No employer shall terminate an employee who is a volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or member of an emergency management agency who is absent for a period of no more than twelve (12) months from the employee's employment because of injuries incurred in the line of duty. The volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or member of an emergency management agency shall provide, at the request of his or her employer: (a) A written statement from the supervisor, acting supervisor, or director of the volunteer fire department, rescue squad, emergency medical services agency, law enforcement agency, or emergency management agency under whose command the employee was on active duty and on assignment with that fire department, rescue squad, emergency medical services agency, law enforcement agency, or emergency management agency when the injury occurred; and (b) A written statement from at least one (1) licensed and practicing physician stating that the volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or member of an emergency management agency is injured and a date for the employee's return to work. (6) Any employee that is terminated in violation of the provisions of this section may bring a civil action against his or her employer. The employee may seek reinstatement to the employee's former position, payment of back wages, reinstatement of fringe benefits, and where seniority rights are granted, the reinstatement of seniority rights. In order to recover, the employee shall file this action within one (1) year of the date of the violation of this section. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 94, sec. 3, effective July 14, 2022. -- Amended 2006 Ky. Acts ch. 30, sec. 1, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 17, sec. 1, effective July 15, 2002. -- Created 2001 Ky. Acts ch. 162, sec. 1, effective June 21, 2001.

KRS 337.200 Performance bond for wages due from employer engaged in construction work, or the severance, preparation, or transportation of minerals

337.200. Performance bond for wages due from employer engaged in construction work, or the severance, preparation, or transportation of minerals Except for employers who have been doing business in the state for five (5) consecutive years, every employer engaged in construction work, or the severance, preparation, or transportation of minerals, shall furnish on a form prescribed by the commissioner a performance bond to assure the payment of all wages due from the employer. Surety for the bond shall be an amount of money equal to the employer's gross payroll operating at full capacity for four (4) weeks. Any employee whose wages are secured by a bond may obtain payment of those wages, liquidated damages, and attorney's fees as provided by law on presentation to the commissioner of a final judgment entered by a court of competent jurisdiction. The bond may be terminated, with the approval of the commissioner, on submission of the employer's statement, lawfully administered under oath, that the employer has ceased doing business in the state and that all due wages have been paid. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1729, effective July 15, 2010. -- Created 1986 Ky. Acts ch. 121, sec. 1, effective July 15, 1986.

KRS 337.210 Repealed, 1974

337.210. Repealed, 1974 Catchline at repeal: Unreasonable wage contracts void. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Amended 1966 Ky. Acts ch. 158, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-2.

KRS 337.220 Repealed, 1974

337.220. Repealed, 1974 Catchline at repeal: Investigation of wages -- Request for wage board. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Amended 1966 Ky. Acts ch. 158, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-4.

KRS 337.230 Repealed, 1974

337.230. Repealed, 1974 Catchline at repeal: Considerations in fixing minimum fair wage. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-1.

KRS 337.240 Repealed, 1974

337.240. Repealed, 1974 Catchline at repeal: Wage board -- Members -- Duties -- Powers -- Report. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. --Amended 1966 Ky. Acts ch. 158, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-5.

KRS 337.250 Repealed, 1974

337.250. Repealed, 1974 Catchline at repeal: Action following wage board report -- Directory order. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-6.

KRS 337.260 Repealed, 1974

337.260. Repealed, 1974 Catchline at repeal: Special license for less than minimum wage. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Amended 1966 Ky. Acts ch. 158, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-7.

KRS 337.270 Repealed, 1974

337.270. Repealed, 1974 Catchline at repeal: Mandatory order. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-8.

KRS 337.275 Minimum wage

337.275. Minimum wage (1) Except as may otherwise be provided by this chapter, every employer shall pay to each of his employees wages at a rate of not less than five dollars and eighty-five cents ($5.85) an hour beginning on June 26, 2007, not less than six dollars and fifty- five cents ($6.55) an hour beginning July 1, 2008, and not less than seven dollars and twenty-five cents ($7.25) an hour beginning July 1, 2009. If the federal minimum hourly wage as prescribed by 29 U.S.C. sec. 206(a)(1) is increased in excess of the minimum hourly wage in effect under this subsection, the minimum hourly wage under this subsection shall be increased to the same amount, effective on the same date as the federal minimum hourly wage rate. If the state minimum hourly wage is increased to the federal minimum hourly wage, it shall include only the federal minimum hourly rate prescribed in 29 U.S.C. sec. 206(a)(1) and shall not include other wage rates or conditions, exclusions, or exceptions to the federal minimum hourly wage rate. In addition, the increase to the federal minimum hourly wage rate does not extend or modify the scope or coverage of the minimum wage rate required under this chapter. (2) Notwithstanding the provisions of subsection (1) of this section, for any employee engaged in an occupation in which he customarily and regularly receives more than thirty dollars ($30) per month in tips from patrons or others, the employer may pay as a minimum not less than the hourly wage rate required to be paid a tipped employee under the federal minimum hourly wage law as prescribed by 29 U.S.C. sec. 203. The employer shall establish by his records that for each week where credit is taken, when adding tips received to wages paid, not less than the minimum rate prescribed in 29 U.S.C. sec. 203 was received by the employee. No employer shall use all or part of any tips or gratuities received by employees toward the payment of the statutory minimum hourly wage as required by 29 U.S.C. sec. 203. Nothing, however, shall prevent employees from entering into an agreement to divide tips or gratuities among themselves. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 69, sec. 1, effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 240, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 115, sec. 3, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 421, sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 208, sec. 1, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 249, sec. 1, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 198, sec. 1, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 391, sec. 2.

KRS 337.280 Repealed, 1974

337.280. Repealed, 1974 Catchline at repeal: Publication of names of employers not observing order. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-9.

KRS 337.285 Time and a half for employment in excess of forty hours -- Compensatory time -- County or city employee, Trooper R Class, CVE R Class -- Designated work period for professional firefighters

337.285. Time and a half for employment in excess of forty hours -- Compensatory time -- County or city employee, Trooper R Class, CVE R Class -- Designated work period for professional firefighters (1) No employer shall employ any of his or her em ployees for a work week longer than forty (40) hours, unless such employee receives compensation for his or her employment in excess of forty (40) hours in a work week at a rate of not less than one and one-half (1-1/2) times the hourly wage rate at which he or she is employed. (2) This provision shall not apply to the following: (a) Employees of retail stores engaged in work connected with selling, purchasing, and distributing merchandise, wares, goods, articles, or commodities; (b) Employees of restaurant, hotel, and motel operations; (c) Employees as defined and exempted from the overtime provision of the Fair Labor Standards Act in Sections 213(b)(1), 213(b)(6), 213(b)(10), and 213(b)(17) of Title 29, U.S.C.; (d) Employees whose function is to provide tw enty-four (24) hour residential care on the employer's premises in a parental role to children who are primarily dependent, neglected, and abused and who are in the care of private nonprofit childcaring facilities licensed by the Cabinet for Health and Fam ily Services under KRS 199.640 to 199.670; or (e) Any individual who is employed by a third -party employer or agency other than the family or household using his or her services to provide in -home companionship services for a sick, convalescing, or elderly person. (3) As used in subsection (2) of this section, "companionship services" means those services which provide in-home fellowship, care, and protection for a person who, because of advanced age or physical or mental infirmity, cannot care for his or h er own needs. These services may include household work related to the care of the aged or infirm person such as meal preparation, bed making, washing of clothes, and other similar services. They may also include the performance of general household work, provided that the household work is incidental, i.e., does not exceed twenty percent (20%) of the total weekly hours worked. The term "companionship services" does not include services relating to the care and protection of the aged or infirm which require and are performed by trained personnel, such as a registered or practical nurse. (4) Notwithstanding the provisions of subsection (1) of this section or any other chapter of the KRS to the contrary, upon written request by a county or city employee or a Trooper R Class or CVE R Class, made freely and without coercion, pressure, or suggestion by the employer, and upon a written agreement reached between the employer and the county or city employee or the Trooper R Class or CVE R Class before the performance of the work, a county or city employee or a Trooper R Class or CVE R Class who is authorized to work one (1) or more hours in excess of the prescribed hours per week may be granted compensatory leave on an hour -for-hour basis. Upon the written request by a county or city employee or a Trooper R Class or CVE R Class, made freely and without coercion, pressure, or suggestion by the employer, and upon a written agreement reached between the employer and the county or city employee or the Trooper R Class or CVE R Class, before the performance of the work, a county or city employee or a Trooper R Class or CVE R Class who is not exempt from the provisions of the Federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. sec. 201 et seq., may be granted compensatory time in lieu of overtime pay, at the rate of not less than one and one-half (1-1/2) hours for each hour the county or city employee or the Trooper R Class or CVE R Class is authorized to work in excess of forty (40) hours in a work week. (5) (a) Upon the request of the county or city employee or the Trooper R Class or CVE R Class, and as provided in subsection (4) of this section, compensatory time shall be awarded as follows: 1. A county or city employee who provided work in excess of forty (40) hours in a public safety activity, an emergency response activity, or a seasonal activity as described in 29 C.F.R. sec. 553.24, may accrue not more than four hundred eighty (480) hours of compensatory time; or 2. A county or city employee or a Trooper R Class or CVE R Class engaged in other work in excess of forty (40) hours, may accrue not more than two hundred forty (240) hours of compensatory time. (b) A county or city employee or a Trooper R Class or CVE R Class who has accrued four hundred eighty (480) hours of compensatory time off pursuant to paragraph (a)1. of this subsection, or two hundred forty (240) hours of compensatory time off pursuant to paragraph (a)2. of this subsection, s hall for additional overtime hours of work, be paid overtime compensation. (6) A county or city employee or a Trooper R Class or CVE R Class who has accrued compensatory time off as provided in subsection (4) of this section, and who requested the use of compensatory time, shall be permitted by the employer to use the compensatory time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer. Mere inconvenience to the employer shall not constitute a sufficient basis for denial of a county or city employee's request or a Trooper R Class or CVE R Class request for compensatory time off. (7) If compensation is paid to a county or city employee or a Trooper R Class or CVE R Class for accrued compensatory time off, the compensation shall be paid at the regular rate earned by the county or city employee or the Trooper R Class or CVE R Class at the time the county or city employee or the Trooper R Class or CVE R Class receives the payment. (8) Upon a county or city employee's termination of employment or the termination of employment of a Trooper R Class or CVE R Class, all unused accrued compensatory time shall be paid at a rate of compensation not less than: (a) The average regular rate received by the county or city employee or the Trooper R Class or CVE R Class during the last three (3) years of the employment of the county or city employee or Trooper R Class or CVE R Class; or (b) The final regular rate received by the county or city employee or Trooper R Class or CVE R Class, whichever is higher. (9) Compensatory time shall not be used as a means to avoid statutory overtime compensation. A county or city employee or a Trooper R Class or CVE R Class shall have the right to use compensatory time earned and shall not be coerced to accept more compensatory time than an employer can realistically and in good faith expect to be able to grant within a reasonable period upon the county or city employee or the Trooper R Class or CVE R Class making the request for compensatory time off. (10) Nothing in subsections (4) to (9) of this section shall be construed to supersede any collective bargaining agreement, memorandum of understanding, or any other agreement between the employer and representative of the county or city employees or the Trooper R Class or CVE R Class. (11) As used in subsections (4) to (9) of this section: (a) "County or city employee" means an employee of any county, city, charter county, consolidated local government, unified local government, or urban- county government, including an employee of a county or city elected official; (b) "CVE R Class" has the same meaning as in KRS 16.010; and (c) "Trooper R Class" has the same meaning as in KRS 16.010. (12) In addition to the designation of a work week under subsection (1) of this section, local governments, as defined in KRS 95A.210(5), may designate a work period for professional firefighter employees as defined in KRS 95A.210. The designated work period shall be not less than one (1) work week of seven (7) consecutive days and not more than four (4) work weeks of twenty-eight (28) consecutive days for purposes of complying with the requirements of the Federal Labor Standards Act of 1938, as amended, 29 U.S.C. sec. 201 et seq. This subsection shall not exempt local governments from complying with the overtime requirements set forth in subsection (1) of this section and is intended to: (a) Clarify the option to designate both a work week for compliance with Kentucky law and a work period for compliance with the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. sec. 201 et seq.; and (b) Allow for the application of the partial exemption set forth in 29 U.S.C. sec. 207(k) in determining overtime pay under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. sec. 201 et seq., only. (13) (a) A law enforcement department of a consolidated local government organized under KRS Chapter 67C, a city of the home rule class, or a sheriff's office or county police force, shall not be deemed to have violated subsection (1) of this section with respect to the employment of a peace officer if: 1. The officer works eighty (80) hours or less in a work period of fourteen (14) consecutive days; and 2. a. For a law enforcement department o f a consolidated local government operating under KRS 67C.408 and organized under KRS Chapter 67C, the law enforcement department and any other entity working with the law enforcement department that includes the officer agree to the exception; b. For a law enforcement department of a city of the home rule class, the law enforcement department and any other entity working with the law enforcement department agree to the exception. If there is no other entity working with the law enforcement department or the officer in a city of the home rule class, only the requirement in subparagraph 1. of this paragraph shall be met; c. For a sheriff's office operating under KRS 70.262, the sheriff's office and any other entity working with the sheriff's office agree to the exception. If the sheriff's office does not operate under KRS 70.262, only the requirement in subparagraph 1. of this paragraph shall be met; or d. For a county police force operating under KRS 67A.6902, the county police force and any other entity work ing with the county police force agree to the exception. If the county police force does not operate under KRS 67A.6902, only the requirement in subparagraph 1. of this paragraph shall be met. (b) It is the intent of this subsection to allow the employment of a peace officer for longer than forty (40) hours in any seven (7) consecutive days within a fourteen (14) day work period without incurring the obligation to pay a rate of not less than one and one-half (1-1/2) times the officer's hourly wage under subsection (1) of this section. Effective: April 5, 2024 History: Amended 2024 Ky. Acts ch. 86, sec. 1, effective April 5, 2024. -- Amended 2022 Ky. Acts ch. 191, sec. 9, effective July 14, 2022. -- Amended 2018 Ky. Acts ch. 195, sec. 1, effective July 14, 2018. -- Amended 2016 Ky. Acts ch. 43, sec. 1, effective April 6, 2016. -- Amended 2009 Ky. Acts ch. 33, sec. 5, effective March 20, 2009. -- Amended 2008 Ky. Acts ch. 75, sec. 1, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 99, sec. 607, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 122, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 68, sec. 1, effective July 15, 2002; and ch. 329, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 426, sec. 559, effective July 15, 1998. -- Amended 1986 Ky. Acts ch. 423, sec. 193, effective July 1, 1987. -- Amended 1982 Ky. Acts ch. 376, sec. 1, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 326, sec. 1, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 198, sec. 2, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 285, sec. 1. -- Created 1974 Ky. Acts ch. 391, sec. 3. Legislative Research Commission Note (3/25/19). 2019 Ky. Acts ch. 67, sec. 1, amended KRS 95A.210 to add new subsections and to change the internal numbering of others. KRS 337.285(12) cites KRS 95A.210(3). It is cl ear from the context that in this section KRS 95A.210(3) should have been changed to KRS 95A.210(5) to conform. This error has been corrected in codification under the authority of KRS 7.136.

KRS 337.290 Repealed, 1974

337.290. Repealed, 1974 Catchline at repeal: Revision of wage order. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-10.

KRS 337.295 Administrative regulations

337.295. Administrative regulations Regulations issued by the commissioner under KRS 337.275 to 337.325, 337.345, and 337.385 to 337.405 may include, but are not limited to, regulations defining and governing bona fide executive, administrative, or professional employees; regulations governing learners, apprentices, workers with disabilities, sheltered workshop employees, and students, regulations governing outside salesmen; bonuses; part-time rates; special pay for special or extra work; allowances as part of the wage rates applicable under KRS 337.275 for board, lodging, and gratuities; other facilities or services furnished by employers and used by employees; and other special items usual in a particular employer- employee relationship. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1730, effective July 15, 2010. -- Amended 1994 Ky. Acts ch. 405, sec. 86, effective July 15, 1994. -- Created 1974 Ky. Acts ch. 391, sec. 4.

KRS 337.300 Repealed, 1974

337.300. Repealed, 1974 Catchline at repeal: Revision of administrative regulations. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-11.

KRS 337.310 Appeal of commissioner's order or decision

337.310. Appeal of commissioner's order or decision All orders or decisions of the commissioner issued or made under KRS 337.020 to 337.405 may be appealed, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1731, effective July 15, 2010. -- Amended 1996 Ky. Acts ch. 318, sec. 313, effective July 15, 1996. -- Amended 1978 Ky. Acts ch. 340, sec. 3, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 391, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-12.

KRS 337.320 Record to be kept by employer

337.320. Record to be kept by employer (1) Every employer shall keep a record of: (a) The amount paid each pay period to each employee; (b) The hours worked each day and each week by each employee; and (c) Such other information as the commissioner requires. (2) Such records shall be kept on file for at least one (1) year after entry. They shall be open to the inspection and transcript of the commissioner or the commissioner's authorized representative at any reasonable time, and every employer shall furnish to the commissioner or the commissioner's authorized representative on demand a sworn statement of them. The commissioner may require the statement to be upon forms prescribed or approved by him or her. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1732, effective July 15, 2010. -- Amended 1974 Ky. Acts ch. 391, sec. 6. -- Amended 1966 Ky. Acts ch. 158, sec. 6. - - Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-13.

KRS 337.325 Posting of summaries of wage and hour laws, orders, and regulations by employers

337.325. Posting of summaries of wage and hour laws, orders, and regulations by employers Every employer subject to any provision of KRS 337.275 to 337.325, 337.345, and 337.385 to 337.405 or of any regulations or orders issued under KRS 337.295 shall keep copies of such summaries of wage and hour laws and regulations issued under KRS 337.295 posted in a conspicuous and accessible place in or about the premises wherein any person subject thereto is employed. Employers shall be furnished copies of such summaries, orders and regulations by the state on request without charge. Failure to mail such summaries to an employer shall not relieve the employer from the duty of complying with the provisions. History: Created 1974 Ky. Acts ch. 391, sec. 8.

KRS 337.327 Veterans' benefits and services document -- Posting of benefits and services by employers

337.327. Veterans' benefits and services document -- Posting of benefits and services by employers (1) The Kentucky Department of Veterans' Affairs shall create and prominently display on its website a veterans' benefits and services document. The do cument shall be made for the purpose of downloading to print and not exceed two (2) standard size eight and one-half (8-1/2) by eleven (11) inches pages. The document shall include contact information for and a description of the following resources for ve terans: (a) The Kentucky Department of Veterans' Affairs; (b) Substance abuse and mental health treatment; (c) Education, workforce, and training; (d) Tax benefits; (e) Kentucky driver's licenses and identification cards; (f) Eligibility for unemployment insurance benefits under state and federal law; (g) Legal services; and (h) The United States Department of Veterans Affairs Veterans Crisis Line. (2) Every employer subject to any provision of KRS 337.275 to 337.325, 337.345, or 337.385 to 337.405 or of any administrative regulations or orders issued under KRS 337.295 may download, print, and keep copies of the most recent version of the veterans' benefits and services document in a conspicuous and accessible place in or about the premises wherein any perso n subject thereto is employed. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 73, sec. 2, effective July 15, 2024.

KRS 337.330 Repealed, 1974

337.330. Repealed, 1974 Catchline at repeal: Employer to post minimum fair-wage order. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Amended 1966 Ky. Acts ch. 158, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-14.

KRS 337.340 Power to question employees

337.340. Power to question employees Every employer shall permit the commissioner or the commissioner's authorized agent to question any of his or her employees in the place of employment and during work hours in respect to the wages paid to and the hours worked by such employee or other employees. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1733, effective July 15, 2010. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-15.

KRS 337.345 Confidentiality of information

337.345. Confidentiality of information Except as otherwise provided in this section, the department shall not disclose the identity of any individual filing a complaint or request for inspection under any section of this chapter, except as necessary to enforce, and then only with the specific written permission of the complainant. Except as otherwise provided in this section, information secured from inspection of the records, or from the transcriptions thereof, or from inspection of the employer's premises by the commissioner or the commissioner's authorized representatives, shall be held confidential and shall not be disclosed or be open to any person except such information may be made available to: (1) Officials concerned with, and for the purposes of administration of the laws relating to matters under the jurisdiction of the commissioner; (2) Any agency of this or any other state, or any federal agency for the purpose of enforcing KRS 337.275 to 337.325, 337.345, and 337.385 to 337.405; and (3) To the Wage and Hour and Public Contracts Division of the United States, Department of Labor. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1734, effective July 15, 2010. -- Amended 1978 Ky. Acts ch. 340, sec. 6, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 391, sec. 7.

KRS 337.350 Repealed, 1974

337.350. Repealed, 1974 Catchline at repeal: Employer not to discriminate or pay less than fair wage. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Amended 1966 Ky. Acts ch. 158. sec. 8. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-16.

KRS 337.355 Lunch period requirements

337.355. Lunch period requirements Employers, except those subject to the Federal Railway Labor Act, shall grant their employees a reasonable period for lunch, and such time shall be as close to the middle of the employee's scheduled work shift as possible. In no case shall an employee be required to take a lunch period sooner than three (3) hours after his work shift commences, nor more than five (5) hours from the time his work shift commences. This section shall not be construed to negate any provision of a collective bargaining agreement or mutual agreement between the employee and employer. History: Created 1974 Ky. Acts ch. 333, sec. 1.

KRS 337.360 Repealed, 1974

337.360. Repealed, 1974 Catchline at repeal: Right to collect fair wage. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Amended 1966 Ky. Acts ch. 158, sec. 9. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4767a-17.

KRS 337.365 Rest periods for employees

337.365. Rest periods for employees No employer shall require any employee to work without a rest period of at least ten (10) minutes during each four (4) hours worked, except those employees who are under the Federal Railway Labor Act. This shall be in addition to the regularly scheduled lunch period. This section shall not apply where a collective bargaining agreement provides for a total number of minutes that are equal to or exceed ten (10) minutes accrued for each four (4) hours of work. If a collective bargaining agreement does not contain provisions allowing rest periods, employers shall allow a rest period of at least ten (10) minutes during each four (4) hours worked. No reduction in compensation shall be made for hourly or salaried employees. Effective: March 27, 2020 History: Amended 2020 Ky. Acts ch. 48, sec. 1, effective March 27, 2020. -- Amended 1980 Ky. Acts ch. 356, sec. 1, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 386, sec. 106. -- Created 1958 Ky. Acts ch. 36, sec. 1, effective June 19, 1958.

KRS 337.370 Repealed, 1974

337.370. Repealed, 1974 Catchline at repeal: Hours of work for infant female limited. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Amended 1968 Ky. Acts ch. 100, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4866b-1.

KRS 337.380 Repealed, 1974

337.380. Repealed, 1974 Catchline at repeal: Hours of work for any female limited. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4866b-2.

KRS 337.385 Employer's liability -- Unpaid wages and liquidated damages -- Punitive damages for forced labor or services -- Period of limitation

337.385. Employer's liability -- Unpaid wages and liquidated damages -- Punitive damages for forced labor or services -- Period of limitation (1) Except as provided in subsection (3) of this section, any employer who pays any employee less than wages and overtime compensation to which such employee is entitled under or by virtue of KRS 337.020 to 337.285 shall be liable to such employee affected for the full amount of such wages and overtime compensation, less any amount actually paid to such employee by the employer, for an additional equal amount as liquidated damages, and for costs and such reasonable attorney's fees as may be allowed by the court. (2) If, in any action commenced to recover such unpaid wages or liquidated damages, the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he or she had reasonable grounds for believing that his or her act or omission was not a violation of KRS 337.020 to 337.285, the court may, in its sound discretion, award no liquidated damages, or award any amount thereof not to exceed the amount specified in this section. Any agreement between such employee and the employer to work for less than the applicable wage rate shall be no defense to such action. Such action may be maintained in any court of competent jurisdiction by any one (1) or more employees for and in behalf of himself, herself, or themselves. (3) If the court finds that the employer has subjected the employee to forced labor or services as defined in KRS 529.010, the court shall award the employee punitive damages not less than three (3) times the full amount of the wages and overtime compensation due, less any amount actually paid to such employee by the employer, and for costs and such reasonable attorney's fees as may be allowed by the court, including interest thereon. (4) At the written request of any employee paid less than the amount to which he or she is entitled under the provisions of KRS 337.020 to 337.285, the commissioner may take an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court. The commissioner in case of suit shall have power to join various claimants against the same employer in one (1) action. (5) Any court or administrative action under any provision of this chapter, not otherwise subject to an express period of limitations, shall be commenced within three (3) years after the cause of action accrued. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 157, sec. 2, effective July 15, 2024. -- Amended 2013 Ky. Acts ch. 25, sec. 25, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 24, sec. 1735, effective July 15, 2010. -- Amended 1978 Ky. Acts ch. 340, sec. 4, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 391, sec. 9.

KRS 337.390 Repealed, 1974

337.390. Repealed, 1974 Catchline at repeal: Time book to be kept by employers of females. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4866b-5.

KRS 337.395 Effect on existing standards

337.395. Effect on existing standards Any standards relating to minimum wages, maximum hours, overtime compensation, or other working conditions, in effect under any other law of this state which are more favorable to employees than standards applicable hereunder shall not be deemed to be amended, rescinded or otherwise affected by KRS 337.275 to 337.325, 337.345, and 337.385 to 337.405 but shall continue in full force and effect until they are specifically superseded by standards more favorable to such employees by operation of or in accordance with KRS 337.275 to 337.325, 337.345, and 337.385 to 337.405 or regulations issued thereunder. History: Created 1974 Ky. Acts ch. 391, sec. 10.

KRS 337.400 Repealed, 1974

337.400. Repealed, 1974 Catchline at repeal: Employers of females to post law and notice of hours of work. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4866b-6.

KRS 337.405 Effect on bargaining rights

337.405. Effect on bargaining rights Nothing in KRS 337.275 to 337.325, 337.345, and 337.385 to 337.405 shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively through representatives of their own choosing in order to establish wages in excess of the applicable minimum or to establish hours of work shorter than the applicable minimum under KRS 337.275 and 337.285. History: Created 1974 Ky. Acts ch. 391, sec. 11.

KRS 337.410 Repealed, 1974

337.410. Repealed, 1974 Catchline at repeal: Department to enforce law. History: Repealed 1974 Ky. Acts ch. 391, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599c-16.

KRS 337.415 Court-ordered appearance by employee not grounds for dismissal by employer -- Penalty for unlawful discharge

337.415. Court-ordered appearance by employee not grounds for dismissal by employer -- Penalty for unlawful discharge No employer shall discharge an employee for taking time off, as required by law, to appear in any duly constituted local, state or federal court or duly constituted administrative tribunal or hearing if such employee, prior to taking such time off, gives notice to the employer that he is required to serve by presenting a copy of the court or administrative certificate to said employer. The penalty for such unlawful discharge may include, but is not limited to, reemployment, assessment of court costs, appropriate attorney fees, and back pay as ordered by a court of competent jurisdiction. Effective: July 15, 1980 History: Created 1980 Ky. Acts ch. 190, sec. 1, effective July 15, 1980.

KRS 337.420 Definitions

337.420. Definitions (1) "Employee" means any individual employed by any employer, including but not limited to individuals employed by the state or any of its political subdivisions, instrumentalities, or instrumentalities of political subdivisions. (2) "Employer" means a person who has two (2) or more employees within the state in each of twenty (20) or more calendar weeks in the current or preceding calendar year and an agent of such a person. (3) "Wage rate" means all compensation for employment, including payment in kind and amounts paid by employers for employee benefits, as defined by the commissioner in regulations issued under KRS 337.420 to 337.433 and 337.990(11). (4) "Employ" includes to suffer or permit to work. (5) "Occupation" includes any industry, trade, business, or branch thereof, or any employment or class of employment. (6) "Commissioner" means the commissioner of the Department of Workplace Standards under the direction and supervision of the secretary of the Education and Labor Cabinet. (7) "Person" includes one (1) or more individuals, partnerships, corporations, legal representatives, trustees, trustees in bankruptcy, or voluntary associations. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 117, effective July 1, 2022. -- Amended 2017 Ky. Acts ch. 3, sec. 7, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1736, effective July 15, 2010. -- Amended 1990 Ky. Acts ch. 42, sec. 5, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 414, sec. 13, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 230, sec. 1, effective July 15, 1980. -- Created 1966 Ky. Acts ch. 114, sec. 1.

KRS 337.423 Discrimination prohibited

337.423. Discrimination prohibited (1) No employer shall discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility. Differentials which are paid pursuant to established seniority systems or merit increase systems, which do not discriminate on the basis of sex, shall not be included within this prohibition. Nothing in KRS 337.420 to 337.433 and 337.990(11) shall apply to any employer who is subject to the federal Fair Labor Standards Act of 1938, as amended, when that act imposes comparable or greater requirements than contained in KRS 337.420 to 337.433 and 337.990(11) and when the employer files with the commissioner of the Department of Workplace Standards a statement that the employer is covered by the federal Fair Labor Standards Act of 1938, as amended. (2) An employer who is paying a wage differential in violation of KRS 337.420 to 337.433 and 337.990(11) shall not, in order to comply with it, reduce the wage rates of any employee. (3) No person shall cause or attempt to cause an employer to discriminate against any employee in violation of KRS 337.420 to 337.433 and 337.990(11). (4) No employer may discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of KRS 337.420 to 337.433 and 337.990(11). Effective:January 9, 2017 History: Amended 2017 Ky. Acts ch. 3, sec. 8, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1737, effective July 15, 2010. -- Amended 1990 Ky. Acts ch. 42, sec. 6, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 414, sec. 14, effective July 13, 1984. -- Created 1966 Ky. Acts ch. 114, sec. 2.

KRS 337.425 Powers of commissioner

337.425. Powers of commissioner (1) For this purpose, the commissioner, or the commissioner's authorized representative, may enter the place of employment of any employer to inspect and copy payrolls and other employment records, to compare character of work and operations on which persons employed by him or her are engaged, to question such persons, and to obtain other information necessary to the administration and enforcement of KRS 337.420 to 337.433 and 337.990(11). (2) The commissioner or the commissioner's authorized representative may examine witnesses under oath, and require by subpoena the attendance and testimony of witnesses and the production of any documentary evidence relating to the subject matter of any investigation undertaken pursuant to KRS 337.420 to 337.433 and 337.990(11). If a person fails to attend, testify or produce documents under or in response to a subpoena, the Circuit Court in the judicial circuit where the hearing is being held, on application of the commissioner or the commissioner's representative, may issue an order requiring the person to appear before the commissioner or the commissioner's authorized representative, or to produce documentary evidence, and any failure to obey the order of the court may be punished by the court as contempt. (3) The commissioner may endeavor to eliminate pay practices unlawful under KRS 337.420 to 337.433 and 337.990(11) by informal methods of conference, conciliation and persuasion, and supervise the payment of wages owing to any employee under KRS 337.420 to 337.433 and 337.990(11). (4) The commissioner may issue regulations not inconsistent with the purpose of KRS 337.420 to 337.433 and 337.990(11), necessary or appropriate to carry out its provisions. Effective:January 9, 2017 History: Amended 2017 Ky. Acts ch. 3, sec. 9, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1738, effective July 15, 2010. -- Amended 1990 Ky. Acts ch. 42, sec. 7, effective July 13, 1990. -- Amended 1976 Ky. Acts ch. 62, sec. 119. -- Created 1966 Ky. Acts ch. 114, sec. 3.

KRS 337.427 Collection of unpaid wages and other relief

337.427. Collection of unpaid wages and other relief (1) Any employer who violates the provisions of KRS 337.423 shall be liable to the employee or employees affected in the amount of their unpaid wages, and in instances of willful violation in employee suits under subsection (2) of this section, up to an additional equal amount as liquidated damages. (2) Action to recover the liability may be maintained in any court of competent jurisdiction by any one (1) or more employees for and in behalf of himself, herself, or themselves and other employees similarly situated. The court in the action shall, in cases of violation in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. (3) An agreement by any employee to work for less than the wage to which the employee is entitled under KRS 337.420 to 337.433 and 337.990(11) shall not be a bar to any such action, or to a voluntary wage restitution of the full amount due under KRS 337.420 to 337.433 and 337.990(11). (4) At the written request of any employee claiming to have been paid less than the wage to which he may be entitled under KRS 337.420 to 337.433 and 337.990(11), the commissioner may bring any legal action necessary in behalf of the employee to collect the claim for unpaid wages. The commissioner shall not be required to pay the filing fee, or other costs, in connection with the action. The commissioner shall have power to join various claims against the employer in one (1) cause of action. (5) In proceedings under this section, the court may order other affirmative action as appropriate, including reinstatement of employees discharged in violation of KRS 337.420 to 337.433 and 337.990(11). (6) The commissioner may on his or her own motion petition any court of competent jurisdiction to restrain violations of KRS 337.423, and petition for such affirmative relief as the court may deem appropriate, including restoration of unpaid wages and reinstatement of employees, consistent with the purpose of KRS 337.420 to 337.433 and 337.990(11). Effective:January 9, 2017 History: Amended 2017 Ky. Acts ch. 3, sec. 10, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1739, effective July 15, 2010. -- Amended 1990 Ky. Acts ch. 42, sec. 8, effective July 13, 1990. --Created 1966 Ky. Acts ch. 114, sec. 4.

KRS 337.430 Statute of limitations

337.430. Statute of limitations Court action under KRS 337.420 to 337.433 and 337.990(11) may be commenced no later than six (6) months after the cause of action occurs. Effective:January 9, 2017 History: Amended 2017 Ky. Acts ch. 3, sec. 11, effective January 9, 2017. -- Amended 1990 Ky. Acts ch. 42, sec. 9, effective July 13, 1990. -- Created 1966 Ky. Acts ch. 114, sec. 5.

KRS 337.433 Posting of law

337.433. Posting of law Every person subject to KRS 337.420 to 337.433 and 337.990(11) shall keep an abstract or copy of KRS 337.420 to 337.433 and 337.990(11) posted in a conspicuous place in or about the premises where any employee is employed. Employers shall be furnished copies or abstracts of KRS 337.420 to 337.433 and 337.990(11) by the state on request without charge. Effective:January 9, 2017 History: Amended 2017 Ky. Acts ch. 3, sec. 12, effective January 9, 2017. -- Amended 1990 Ky. Acts ch. 42, sec. 10, effective July 13, 1990. -- Created 1966 Ky. Acts ch. 114, sec. 7.

KRS 337.505 Repealed, 2017

337.505. Repealed, 2017 Catchline at repeal: Definition of "prevailing wage" -- Fringe benefits included. History: Repealed 2017 Ky. Acts ch. 3, sec. 14, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1740, effective July 15, 2010. -- Amended 1982 Ky. Acts ch. 54, sec. 2, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 341, sec. 2. -- Amended 1970 Ky. Acts ch. 33, sec. 2. -- Amended 1968 Ky. Acts ch. 33, sec. 1. -- Created 1962 Ky. Acts ch. 173, sec. 1.

KRS 337.510 Repealed, 2017

337.510. Repealed, 2017 Catchline at repeal: Public authority's duties as to inclusion of prevailing wage in proposals and contracts. History: Repealed 2017 Ky. Acts ch. 3, sec. 14, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1741, effective July 15, 2010. -- Amended 1974 Ky. Acts ch. 341, sec. 3. -- Amended 1970 Ky. Acts ch. 33, sec. 3. -- Amended 1960 Ky. Acts ch. 56, sec. 1, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2290c-2.

KRS 337.512 Repealed, 2017

337.512. Repealed, 2017 Catchline at repeal: Duties of individual officers with respect to prevailing wage law. History: Repealed 2017 Ky. Acts ch. 3, sec. 14, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1742, effective July 15, 2010. -- Amended 1974 Ky. Acts ch. 341, sec. 4. -- Created 1970 Ky. Acts ch. 33, sec. 4.

KRS 337.515 Repealed, 1974

337.515. Repealed, 1974 Catchline at repeal: Application of KRS 337.510 to 337.550. History: Repealed 1974 Ky. Acts ch. 341, sec. 10. -- Amended 1970 Ky. Acts ch. 33, sec. 5. -- Created 1962 Ky. Acts ch. 173, sec. 3.

KRS 337.520 Repealed, 2017

337.520. Repealed, 2017 Catchline at repeal: Determination of prevailing wages -- Administrative regulations -- Filing wage contract. History: Repealed 2017 Ky. Acts ch. 3, sec. 14, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1743, effective July 15, 2010. -- Amended 1996 Ky. Acts ch. 48, sec. 2, effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 54, sec. 3, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 341, sec. 5. -- Amended 1970 Ky. Acts ch. 33, sec. 6. -- Amended 1968 Ky. Acts ch. 33, sec. 2. -- Amended 1962 Ky. Acts ch. 173, sec. 2(1) to (4). -- Amended 1960 Ky. Acts ch. 56, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2290c-3. Subsequently renumbered in part as KRS 337.522.

KRS 337.522 Repealed, 2017

337.522. Repealed, 2017 Catchline at repeal: Hearings -- Publication of determination -- Revisions -- Prevailing wage review boards attached to Labor Cabinet for administrative purposes. History: Repealed 2017 Ky. Acts ch. 3, sec. 14, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1744, effective July 15, 2010. -- Amended 1996 Ky. Acts ch. 48, sec. 3, effective July 15, 1996 -- Amended 1984 Ky. Acts ch. 414, sec. 15, effective July 13, 1984. -- Amended 1974 Ky. Acts ch. 341, sec. 6. -- Amended 1972 Ky. Acts ch. 275, sec. 1. -- Created 1962 Ky. Acts ch. 173, sec. 2(5) to (7). -- Formerly codified as part of KRS 337.520.

KRS 337.524 Repealed, 2017

337.524. Repealed, 2017 Catchline at repeal: Which rates to apply while review is pending. History: Repealed 2017 Ky. Acts ch. 3, sec. 14, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1745, effective July 15, 2010. -- Created 1970 Ky. Acts ch. 33, sec. 12.

KRS 337.525 Repealed, 2017

337.525. Repealed, 2017 Catchline at repeal: Judicial review. History: Repealed 2017 Ky. Acts ch. 3, sec. 14, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1746, effective July 15, 2010. -- Amended 1984 Ky. Acts ch. 414, sec. 16, effective July 13, 1984. -- Amended 1970 Ky. Acts ch. 33, sec. 7. -- Created 1962 Ky. Acts ch. 173, sec. 5.

KRS 337.530 Repealed, 2017

337.530. Repealed, 2017 Catchline at repeal: Contractor to pay prevailing wages and post rates -- Payroll records -- On-site inspections. History: Repealed 2017 Ky. Acts ch. 3, sec. 14, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1747, effective July 15, 2010. -- Amended 1982 Ky. Acts ch. 54, sec. 4, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 341, sec. 7. -- Amended 1970 Ky. Acts ch. 33, sec. 8. -- Amended 1962 Ky. Acts ch. 173, sec. 4. -- Amended 1960 Ky. Acts ch. 56, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2290c-4.

KRS 337.540 Repealed, 2017

337.540. Repealed, 2017 Catchline at repeal: Limitation of working hours -- Exceptions -- Overtime. History: Repealed 2017 Ky. Acts ch. 3, sec. 14, effective January 9, 2017. -- Amended 1994 Ky. Acts ch. 258, sec. 1, effective July 15, 1994. -- Amended 1974 Ky. Acts ch. 341, sec. 8. -- Amended 1968 Ky. Acts ch. 33, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2290c-5.

KRS 337.545 Repealed, 1950

337.545. Repealed, 1950 Catchline at repeal: Suspension of application of KRS 337.540 during national emergency. History: Repealed 1950 Ky. Acts ch. 176, sec. 1. -- Created 1942 Ky. Acts ch. 136, secs. 1 and 3.

KRS 337.548 Repealed, 2017

337.548. Repealed, 2017 Catchline at repeal: Injunction of violation of prevailing wage law. History: Repealed 2017 Ky. Acts ch. 3, sec. 14, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1748, effective July 15, 2010. -- Created 1970 Ky. Acts ch. 33, sec. 9.

KRS 337.550 Repealed, 2017

337.550. Repealed, 2017 Catchline at repeal: Department to aid in enforcement -- Remedies of laborer. History: Repealed 2017 Ky. Acts ch. 3, sec. 14, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1749, effective July 15, 2010. -- Amended 1978 Ky. Acts ch. 340, sec. 5, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 341, sec. 9. -- Amended 1970 Ky. Acts ch. 33, sec. 10. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2290c-6.

KRS 337.990 Civil penalties

337.990. Civil penalties The following civil penalties shall be imposed by the Education and Labor Cabinet, in accordance with the provisions in KRS 336.985, for violations of the provisions of this chapter: (1) Any firm, individual, partnership, or corporation that violates KRS 337.020 shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense. Each failure to pay an employee the wages when due him under KRS 337.020 shall constitute a separate offense. (2) Any employer who violates KRS 337.050 shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (3) Any employer who violates KRS 337.055 shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense and shall make full payment to the employee by reason of the violation. Each failure to pay an employee the wages as required by KRS 337.055 shall constitute a separate offense. (4) Any employer who violates KRS 337.060 shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and shall also be liable to the affected employee for the amount withheld, plus interest at the rate of ten percent (10%) per annum. (5) Any employer who violates the provisions of KRS 337.065 shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense and shall make full payment to the employee by reason of the violation. (6) Any person who fails to comply with KRS 337.070 shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense and each day that the failure continues shall be deemed a separate offense. (7) Any employer who violates any provision of KRS 337.275 to 337.325, KRS 337.345, and KRS 337.385 to 337.405, or willfully hinders or delays the commissioner or the commissioner's authorized representative in the performance of his or her duties under KRS 337.295, or fails to keep and preserve any records as required under KRS 337.320 and 337.325, or falsifies any record, or refuses to make any record or transcription thereof accessible to the commissioner or the commissioner's authorized representative shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). A civil penalty of not less than one thousand dollars ($1,000) shall be assessed for any subsequent violation of KRS 337.285(4) to (9) and each day the employer violates KRS 337.285(4) to (9) shall constitute a separate offense and penalty. (8) Any employer who pays or agrees to pay wages at a rate less than the rate applicable under KRS 337.275 and 337.285, or any wage order issued pursuant thereto shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (9) Any employer who discharges or in any other manner discriminates against any employee because the employee has made any complaint to his or her employer, to the commissioner, or to the commissioner's authorized representative that he or she has not been paid wages in accordance with KRS 337.275 and 337.285 or regulations issued thereunder, or because the employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to KRS 337.385, or because the employee has testified or is about to testify in any such proceeding, shall be deemed in violation of KRS 337.275 to 337.325, KRS 337.345, and KRS 337.385 to 337.405 and shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (10) Any employer who violates KRS 337.365 shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (11) A person shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) when that person discharges or in any other manner discriminates against an employee because the employee has: (a) Made any complaint to his or her employer, the commissioner, or any other person; or (b) Instituted, or caused to be instituted, any proceeding under or related to KRS 337.420 to 337.433; or (c) Testified, or is about to testify, in any such proceedings. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 118, effective July 1, 2022. -- Amended 2017 Ky. Acts ch. 3, sec. 6, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1750, effective July 15, 2010. -- Amended 2004 Ky. Acts ch. 122, sec. 2, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 329, sec. 2, effective July 15, 2002. -- Amended 1990 Ky. Acts ch. 42, sec. 3, effective July 13, 1990. -- Amended 1980 Ky. Acts ch. 188, sec. 262, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 222, sec. 2. -- Amended 1974 Ky. Acts ch. 391, sec. 13. -- Amended 1970 Ky. Acts ch. 33, sec. 11. -- Amended 1960 Ky. Acts ch. 56, sec. 4, effective June 16, 1960. -- Amended 1944 Ky. Acts ch. 63, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 576a-2, 1350, 1599c-19, 1599c-20, 2290c-4, 2290c-7, 4767a-16, 4866b-7. Legislative Research Commission Note (10/23/1990). Through an apparent clerical or typographical error, the reference to KRS 337.505 to 337.550 in the first sentence of what is now subsection (13) of this statute was transformed into "KRS 337.505 or 337.550." Compare 1970 Ky. Acts ch. 33, sec. 11, with 1974 Ky. Acts ch. 391, sec. 13. Pursuant to KRS 7.136(1), 446.270, and 446.280, the prior wording has been restored.

KRS 337.991 Repealed, 1990

337.991. Repealed, 1990 Catchline at repeal: Penalty. History: Repealed 1990 Ky. Acts ch. 42, sec. 11. -- Created 1958 Ky. Acts ch. 36, sec. 2, effective June 19, 1958.

KRS 337.992 Repealed, 1990

337.992. Repealed, 1990 Catchline at repeal: Penalties. History: Repealed 1990 Ky. Acts ch. 42, sec. 11. -- Created 1966 Ky. Acts ch. 114, sec. 8.

KRS 337.993 Repealed, 1990

337.993. Repealed, 1990 Catchline at repeal: Penalties. History: Repealed 1990 Ky. Acts ch. 42, sec. 11. -- Amended 1984 Ky. Acts ch. 223, sec. 2. -- Created 1974 Ky. Acts ch. 275, sec. 2.

KRS 337.994 Penalty for violating KRS 337.200

337.994. Penalty for violating KRS 337.200 Any employer who violates KRS 337.200 shall be fined by the Education and Labor Cabinet not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Each day that the employer violates KRS 337.200 shall constitute a separate offense and penalty. If the employer is a corporation, the officers of the corporation shall be personally liable for the penalty imposed herein. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 119, effective July 1, 2022. -- Created 1990 Ky. Acts ch. 104, sec. 1, effective July 13, 1990.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38890Fetched: 10/20/2026