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AN ACT relating to wages for employment. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 337 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Salary history" includes the applicant’s current or prior wages, benefits, 6
or other compensation. "Salary history" does not include any objective 7
measure of the applicant’s productivity such as revenue, sales, or other 8
production reports; and 9
(b) "To inquire" means any direct or indirect statement, question, prompting, 10
or other communication, orally or in writing, personally or through an 11
agent, to gather information from or about an applicant, using any mode of 12
communication, including but not limited to application forms and 13
interviews. 14
(2) It shall be an unlawful discriminatory practice for an employer, employment 15
agency, or employee or agent thereof: 16
(a) To inquire about the salary history of an applicant for employment; 17
(b) To consider or rely on the salary history of an applicant in determining the 18
salary, benefits, or other compensation for such an applicant during the 19
hiring process, including the negotiation of a contract; or 20
(c) To refuse to hire, or otherwise disfavor, injure, or retaliate against an 21
applicant for not disclosing his or her salary history to the employer, 22
employment agency, or employee or agent thereof. 23
(3) Notwithstanding subsection (2)(b) of this section, if an applicant voluntarily and 24
without prompting discloses salary history to an employer, employment agency, 25
or employee or agent thereof, then the employer, employment agency, or 26
employee or agent thereof may consider salary history in determining salary, 27 UNOFFICIAL COPY 22 RS BR 390
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benefits, and other compensation for the applicant, and may verify the 1
applicant’s salary history after the employer, employment agency, or employee or 2
agent thereof makes an offer of employment to the applicant that includes an 3
amount of compensation. 4
(4) This section shall not apply to: 5
(a) Any actions taken by an employer, employment agency, or employee or 6
agent thereof pursuant to any federal, state, or local law that specifically 7
authorizes the disclosure or verification of salary history for employment 8
purposes, or specifically requires knowledge of salary history to determine 9
an employee’s compensation; 10
(b) An applicant for internal transfer or promotion with his or her current 11
employer; 12
(c) Any attempt by an employer, employment agency, or employee or agent 13
thereof, to verify an applicant’s disclosure of nonsalary-related information 14
or conduct a background check, except that if such a verification or 15
background check discloses the applicant’s salary history, the disclosure 16
shall not be relied upon for purposes of determining the salary, benefits, or 17
other compensation of the applicant during the hiring process, including 18
the negotiation of a contract; or 19
(d) Public employee positions for which salary, benefits, or other compensation 20
are determined pursuant to procedures established by collective bargaining. 21
(5) Employers shall post notice of this section's requirements in a conspicuous place 22
at every workplace, job site, or other location or property under the employer's 23
control frequently visited by their employees or applicants and shall send a copy 24
of this notice to each labor union or representative of workers with which the 25
employer has a collective bargaining agreement or other agreement or 26
understanding. The notice shall be posted in English, Spanish, and any language 27 UNOFFICIAL COPY 22 RS BR 390
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spoken by at least five percent (5%) of the employees at the workplace, job site, or 1
other location at which it is posted. 2
Section 2. KRS 337.990 is amended to read as follows: 3
The following civil penalties shall be imposed, in accordance with the provisions in KRS 4
336.985, for violations of the provisions of this chapter: 5
(1) Any firm, individual, partnership, or corporation that violates KRS 337.020 shall be 6
assessed a civil penalty of not less than one hundred dollars ($100) nor more than 7
one thousand dollars ($1,000) for each offense. Each failure to pay an employee the 8
wages when due him under KRS 337.020 shall constitute a separate offense. 9
(2) Any employer who violates KRS 337.050 shall be assessed a civil penalty of not 10
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). 11
(3) Any employer who violates KRS 337.055 shall be assessed a civil penalty of not 12
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) 13
for each offense and shall make full payment to the employee by reason of the 14
violation. Each failure to pay an employee the wages as required by KRS 337.055 15
shall constitute a separate offense. 16
(4) Any employer who violates KRS 337.060 shall be assessed a civil penalty of not 17
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) 18
and shall also be liable to the affected employee for the amount withheld, plus 19
interest at the rate of ten percent (10%) per annum. 20
(5) Any employer who violates the provisions of KRS 337.065 shall be assessed a civil 21
penalty of not less than one hundred dollars ($100) nor more than one thousand 22
dollars ($1,000) for each offense and shall make full payment to the employee by 23
reason of the violation. 24
(6) Any person who fails to comply with KRS 337.070 shall be assessed a civil penalty 25
of not less than one hundred dollars ($100) nor more than one thousand dollars 26
($1,000) for each offense and each day that the failure continues shall be deemed a 27 UNOFFICIAL COPY 22 RS BR 390
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separate offense. 1
(7) Any employer who violates any provision of KRS 337.275 to 337.325, KRS 2
337.345, and KRS 337.385 to 337.405, or willfully hinders or delays the 3
commissioner or the commissioner's authorized representative in the performance 4
of his or her duties under KRS 337.295, or fails to keep and preserve any records as 5
required under KRS 337.320 and 337.325, or falsifies any record, or refuses to 6
make any record or transcription thereof accessible to the commissioner or the 7
commissioner's authorized representative shall be assessed a civil penalty of not less 8
than one hundred dollars ($100) nor more than one thousand dollars ($1,000). A 9
civil penalty of not less than one thousand dollars ($1,000) shall be assessed for any 10
subsequent violation of KRS 337.285(4) to (9) and each day the employer violates 11
KRS 337.285(4) to (9) shall constitute a separate offense and penalty. 12
(8) Any employer who pays or agrees to pay wages at a rate less than the rate applicable 13
under KRS 337.275 and 337.285, or any wage order issued pursuant thereto shall be 14
assessed a civil penalty of not less than one hundred dollars ($100) nor more than 15
one thousand dollars ($1,000). 16
(9) Any employer who discharges or in any other manner discriminates against any 17
employee because the employee has made any complaint to his or her employer, to 18
the commissioner, or to the commissioner's authorized representative that he or she 19
has not been paid wages in accordance with KRS 337.275 and 337.285 or 20
regulations issued thereunder, or because the employee has caused to be instituted 21
or is about to cause to be instituted any proceeding under or related to KRS 22
337.385, or because the employee has testified or is about to testify in any such 23
proceeding, shall be deemed in violation of KRS 337.275 to 337.325, KRS 337.345, 24
and KRS 337.385 to 337.405 and shall be assessed a civil penalty of not less than 25
one hundred dollars ($100) nor more than one thousand dollars ($1,000). 26
(10) Any employer who violates KRS 337.365 shall be assessed a civil penalty of not 27 UNOFFICIAL COPY 22 RS BR 390
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less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). 1
(11) A person shall be assessed a civil penalty of not less than one hundred dollars 2
($100) nor more than one thousand dollars ($1,000) when that person discharges or 3
in any other manner discriminates against an employee because the employee has: 4
(a) Made any complaint to his or her employer, the commissioner, or any other 5
person; or 6
(b) Instituted, or caused to be instituted, any proceeding under or related to KRS 7
337.420 to 337.433; or 8
(c) Testified, or is about to testify, in any such proceedings. 9
(12) A person who fails to comply with Section 1 of this Act shall be assessed a civil 10
penalty of not less than one hundred dollars ($100) nor more than one thousand 11
dollars ($1,000) for each offense. 12