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AN ACT relating to wages and hours. 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
The minimum wage and overtime compensation requirements under KRS 337.275 and 5
337.285 shall not apply to: 6
(1) Any individual employed in agriculture; 7
(2) Any individual employed in a bona fide executive, administrative, supervisory, or 8
professional capacity, or in the capacity of outside salesman, or as an outside 9
collector as the terms are defined by administrative regulations of the 10
commissioner; 11
(3) Any individual employed by the United States; 12
(4) Any individual employed in domestic service in or about a private home. The 13
provisions of this section shall include individuals employed in domestic service 14
in or about the home of an employer where there is more than one (1) domestic 15
servant regularly employed; 16
(5) Any individual classified and given a certificate by the commissioner showing a 17
status of learner, apprentice, worker with a disability, sheltered workshop 18
employee, and student under administrative procedures and administrative 19
regulations prescribed and promulgated by the commissioner. This certificate 20
shall authorize employment at the wages, less than the established fixed 21
minimum fair wage rates, and for the period of time fixed by the commissioner 22
and stated in the certificate issued to the person; 23
(6) Employees of retail stores, service industries, hotels, motels, and restaurant 24
operations whose average annual gross volume of sales made for business done is 25
less than ninety-five thousand dollars ($95,000) for the five (5) preceding years 26
exclusive of excise taxes at the retail level or if the employee is the parent, spouse, 27 UNOFFICIAL COPY 24 RS BR 1905
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child, or other member of his or her employer's immediate family; 1
(7) Any individual employed as a baby-sitter in an employer's home, or an individual 2
employed as a companion by a sick, convalescing, or elderly person or by the 3
person's immediate family, to care for that sick, convalescing, or elderly person 4
and whose principal duties do not include housekeeping; 5
(8) Any individual engaged in the delivery of newspapers to the consumer; 6
(9) Any individual subject to the provisions of KRS Chapters 7, 16, 27A, 30A, and 7
18A, provided that the secretary of the Personnel Cabinet shall have the authority 8
to prescribe by administrative regulation those emergency employees, or others, 9
who shall receive overtime pay rates necessary for the efficient operation of 10
government and the protection of affected employees; 11
(10) Any employee employed by an establishment which is an organized nonprofit 12
camp, religious, or nonprofit educational conference center, if it does not operate 13
for more than two hundred ten (210) days in any calendar year; 14
(11) Any employee whose function is to provide twenty-four (24) hour residential care 15
on the employer's premises in a parental role to children who are primarily 16
dependent, neglected, and abused and who are in the care of private, nonprofit 17
childcaring facilities licensed by the Cabinet for Health and Family Services 18
under KRS 199.640; 19
(12) Any individual whose function is to provide twenty-four (24) hour residential care 20
in his or her own home as a family caregiver, family home provider, or adult 21
foster care provider and who is approved to provide family caregiver services to 22
an adult with a disability through a contractual relationship with a community 23
board for mental health or individuals with an intellectual disability established 24
under KRS 210.370 to 210.460 or through a contractual relationship with a 25
certified waiver provider as defined in 907 KAR 7:005 sec. 1(5), or is certified or 26
licensed by the Cabinet for Health and Family Services to provide adult foster 27 UNOFFICIAL COPY 24 RS BR 1905
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care; 1
(13) A direct seller as defined in the Internal Revenue Code of 1986, 26 U.S.C. sec. 2
3508(b)(2); or 3
(14) Any individual whose function is to provide behavior support services, behavior 4
programming services, case management services, community living support 5
services, positive behavior support services, or respite services through a 6
contractual relationship with a certified waiver provider, as defined in 907 KAR 7
7:005 sec. 1(5), pursuant to a 1915(c) home and community based services waiver 8
program, as defined in 907 KAR 7:005 sec. 1(2). 9
SECTION 2. A NEW SECTION OF KRS CHAPTER 337 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) Except as provided in subsection (3) of this section, no employer shall be subject 12
to any liability or punishment under this chapter for failure to pay an employee 13
minimum wages, or to pay an employee overtime compensation for or on account 14
of any of the following: 15
(a) Traveling to and from the actual place of performance of the principal 16
activity or activities which an employee is employed to perform; and 17
(b) Activities which are preliminary to or subsequent to said principal activity 18
or activities, which occur either prior to the time on any particular workday 19
at which an employee commences, or subsequent to the time on any 20
particular workday at which he or she ceases, such principal activity or 21
activities. 22
(2) The use of an employer's vehicle by an employee for travel and activities 23
performed by an employee which are incidental to the use of such vehicle for 24
commuting shall not be considered part of the employee's principal activities if: 25
(a) The travel is within the normal commuting area for the employer's business 26
or establishment; and 27 UNOFFICIAL COPY 24 RS BR 1905
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(b) The use of the employer's vehicle is subject to an agreement on the part of 1
the employer and the employee or representative of the employee. 2
(3) Notwithstanding subsection (1) of this section, the employer may be liable if the 3
activity is compensable by either: 4
(a) An express provision of a written or nonwritten contract in effect at the time 5
of the activity between the employee, his or her agent, or collective-6
bargaining representative and his or her employer; or 7
(b) A custom or practice in effect at the time of the activity at the employer's 8
establishment or other place where the employee is employed which covers 9
an activity not inconsistent with a written or nonwritten contract in effect at 10
the time of the activity between the employee, his or her agent or collective 11
bargaining representative, and his or her employer. 12
(4) For the purposes of subsection (3) of this section, an activity shall be considered 13
compensable under the contract provision or the custom or practice only when it 14
is engaged in during the portion of the day with respect to which it is so made 15
compensable. 16
(5) In the application of the minimum wage and overtime compensation provisions of 17
this chapter, in determining the time for which an employer employs an employee 18
with respect to traveling or other preliminary or subsequent activities described in 19
subsection (1) of this section, there shall be counted all that time, but only that 20
time, during which the employee engages in any such activity which is 21
compensable within the meaning of subsections (2) and (3) of this section. 22
SECTION 3. A NEW SECTION OF KRS CHAPTER 337 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) As used in this section, "bona fide meal period" means a time when an employee 25
is completely relieved from any duties for the purposes of eating a meal. The 26
employee is not completely relieved if he or she is required to perform any duties, 27 UNOFFICIAL COPY 24 RS BR 1905
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whether active or inactive, while eating. 1
(2) Employers shall pay employees for time spent eating food during a work shift 2
unless the employer provides a bona fide meal period. 3
(3) No payment shall be owed to an employee for time spent eating during a work-4
shift if the employer provides a bona fide meal period. 5
Section 4. KRS 337.010 is amended to read as follows: 6
[(1) ]As used in this chapter, unless the context requires otherwise: 7
(1)[(a)] "Commissioner" means the commissioner of the Department of Workplace 8
Standards under the direction and supervision of the secretary of the Education and 9
Labor Cabinet; 10
(2)[(b)] "Department" means the Department of Workplace Standards in the 11
Education and Labor Cabinet; 12
(3)[(c)] (a)[1.] "Wages" includes any compensation due to an employee by reason 13
of his or her employment, including salaries, commissions, vested vacation 14
pay, overtime pay, severance or dismissal pay, earned bonuses, and any other 15
similar advantages agreed upon by the employer and the employee or 16
provided to employees as an established policy. The wages shall be payable in 17
legal tender of the United States, checks on banks, direct deposits, or payroll 18
card accounts convertible into cash on demand at full face value, subject to 19
the allowances made in this chapter. However, an employee may not be 20
charged an activation fee and the payroll card account shall provide the 21
employee with the ability, without charge, to make at least one (1) withdrawal 22
per pay period for any amount up to and including the full account balance. 23
(b)[2.] For the purposes of calculating hourly wage rates for scheduled 24
overtime for professional firefighters, as defined in KRS 95A.210(8), "wages" 25
shall not include the distribution to qualified professional firefighters by local 26
governments of supplements received from the Firefighters Foundation 27 UNOFFICIAL COPY 24 RS BR 1905
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Program Fund. For the purposes of calculating hourly wage rates for 1
unscheduled overtime for professional firefighters, as defined in KRS 2
95A.210(9), "wages" shall include the distribution to qualified professional 3
firefighters by local governments of supplements received from the 4
Firefighters Foundation Program Fund; 5
(4)[(d)] "Employer" is any person, either individual, corporation, partnership, agency, 6
or firm who employs an employee and includes any person, either individual, 7
corporation, partnership, agency, or firm acting directly or indirectly in the interest 8
of an employer in relation to an employee;[ and] 9
(5)[(e)] "Employee" is any person employed by or suffered or permitted to work for 10
an employer, except that: 11
(a)[1.] Notwithstanding any voluntary agreement entered into between the 12
United States Department of Labor and a franchisee, neither a franchisee nor a 13
franchisee's employee shall be deemed to be an employee of the franchisor for 14
any purpose under this chapter; and 15
(b)[2.] Notwithstanding any voluntary agreement entered into between the 16
United States Department of Labor and a franchisor, neither a franchisor nor a 17
franchisor's employee shall be deemed to be an employee of the franchisee for 18
any purpose under this chapter. 19
For purposes of this paragraph, "franchisee" and "franchisor" have the 20
same meanings as in 16 C.F.R. sec. 436.1[. 21
(2) As used in KRS 337.275 to 337.325, 337.345, and 337.385 to 337.405, 22
unless the context requires otherwise: 23
(a) "Employee" is any person employed by or suffered or permitted to work 24
for an employer, but shall not include: 25
1. Any individual employed in agriculture; 26
2. Any individual employed in a bona fide executive, administrative, 27 UNOFFICIAL COPY 24 RS BR 1905
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supervisory, or professional capacity, or in the capacity of outside 1
salesman, or as an outside collector as the terms are defined by 2
administrative regulations of the commissioner; 3
3. Any individual employed by the United States; 4
4. Any individual employed in domestic service in or about a private 5
home. The provisions of this section shall include individuals employed 6
in domestic service in or about the home of an employer where there is 7
more than one (1) domestic servant regularly employed; 8
5. Any individual classified and given a certificate by the commissioner 9
showing a status of learner, apprentice, worker with a disability, 10
sheltered workshop employee, and student under administrative 11
procedures and administrative regulations prescribed and promulgated 12
by the commissioner. This certificate shall authorize employment at the 13
wages, less than the established fixed minimum fair wage rates, and for 14
the period of time fixed by the commissioner and stated in the certificate 15
issued to the person; 16
6. Employees of retail stores, service industries, hotels, motels, and 17
restaurant operations whose average annual gross volume of sales made 18
for business done is less than ninety-five thousand dollars ($95,000) for 19
the five (5) preceding years exclusive of excise taxes at the retail level 20
or if the employee is the parent, spouse, child, or other member of his or 21
her employer's immediate family; 22
7. Any individual employed as a baby-sitter in an employer's home, or an 23
individual employed as a companion by a sick, convalescing, or elderly 24
person or by the person's immediate family, to care for that sick, 25
convalescing, or elderly person and whose principal duties do not 26
include housekeeping; 27 UNOFFICIAL COPY 24 RS BR 1905
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8. Any individual engaged in the delivery of newspapers to the consumer; 1
9. Any individual subject to the provisions of KRS Chapters 7, 16, 27A, 2
30A, and 18A provided that the secretary of the Personnel Cabinet shall 3
have the authority to prescribe by administrative regulation those 4
emergency employees, or others, who shall receive overtime pay rates 5
necessary for the efficient operation of government and the protection of 6
affected employees; 7
10. Any employee employed by an establishment which is an organized 8
nonprofit camp, religious, or nonprofit educational conference center, if 9
it does not operate for more than two hundred ten (210) days in any 10
calendar year; 11
11. Any employee whose function is to provide twenty-four (24) hour 12
residential care on the employer's premises in a parental role to children 13
who are primarily dependent, neglected, and abused and who are in the 14
care of private, nonprofit childcaring facilities licensed by the Cabinet 15
for Health and Family Services under KRS 199.640 to 199.670; 16
12. Any individual whose function is to provide twenty-four (24) hour 17
residential care in his or her own home as a family caregiver, family 18
home provider, or adult foster care provider and who is approved to 19
provide family caregiver services to an adult with a disability through a 20
contractual relationship with a community board for mental health or 21
individuals with an intellectual disability established under KRS 22
210.370 to 210.460 or through a contractual relationship with a certified 23
waiver provider as defined in 907 KAR 7:005 sec. 1(5), or is certified or 24
licensed by the Cabinet for Health and Family Services to provide adult 25
foster care; 26
13. A direct seller as defined in Section 3508(b)(2) of the Internal Revenue 27 UNOFFICIAL COPY 24 RS BR 1905
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Code of 1986; or 1
14. Any individual whose function is to provide behavior support services, 2
behavior programming services, case management services, community 3
living support services, positive behavior support services, or respite 4
services through a contractual relationship with a certified waiver 5
provider, as defined in 907 KAR 7:005 sec. 1(5), pursuant to a 1915(c) 6
home and community based services waiver program, as defined in 907 7
KAR 7:005 sec. 1(2)]; 8
(6)[(b)] "Agriculture" means farming in all its branches, including but not limited to 9
cultivation and tillage of the soil; dairying; production, cultivation, growing, and 10
harvesting of any agricultural or horticultural commodities[commodity]; the raising 11
of livestock, bees, furbearing animals, or poultry; and any practice, including any 12
forestry or lumbering operations, performed by a farmer or on a farm in 13
conjunction with the farming operations, including preparation for market,[and] 14
delivery[ of produce] to storage or[,] to market[,] or to carriers for transportation to 15
market; 16
(7)[(c)] "Gratuity" means voluntary monetary contribution received by an employee 17
from a guest, patron, or customer for services rendered; 18
(8)[(d)] "Tipped employee" means any employee engaged in an occupation in which 19
he or she customarily and regularly receives more than thirty dollars ($30) per 20
month in tips; and 21
(9)[(e)] "U.S.C." means the United States Code. 22
Section 5. KRS 337.385 is amended to read as follows: 23
(1) Except as provided in subsection (3) of this section, any employer who pays any 24
employee less than wages and overtime compensation to which such employee is 25
entitled under or by virtue of KRS 337.020 to 337.285 shall be liable to such 26
employee affected for the full amount of such wages and overtime compensation, 27 UNOFFICIAL COPY 24 RS BR 1905
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less any amount actually paid to such employee by the employer, for an additional 1
equal amount as liquidated damages, and for costs and such reasonable attorney's 2
fees as may be allowed by the court. 3
(2) If, in any action commenced to recover such unpaid wages or liquidated damages, 4
the employer shows to the satisfaction of the court that the act or omission giving 5
rise to such action was in good faith and that he or she had reasonable grounds for 6
believing that his or her act or omission was not a violation of KRS 337.020 to 7
337.285, the court may, in its sound discretion, award no liquidated damages, or 8
award any amount thereof not to exceed the amount specified in this section. Any 9
agreement between such employee and the employer to work for less than the 10
applicable wage rate shall be no defense to such action. Such action may be 11
maintained in any court of competent jurisdiction by any one (1) or more 12
employees for and in behalf of himself, herself, or themselves. 13
(3) If the court finds that the employer has subjected the employee to forced labor or 14
services as defined in KRS 529.010, the court shall award the employee punitive 15
damages not less than three (3) times the full amount of the wages and overtime 16
compensation due, less any amount actually paid to such employee by the 17
employer, and for costs and such reasonable attorney's fees as may be allowed by 18
the court, including interest thereon. 19
(4) At the written request of any employee paid less than the amount to which he or she 20
is entitled under the provisions of KRS 337.020 to 337.285, the commissioner may 21
take an assignment of such wage claim in trust for the assigning employee and may 22
bring any legal action necessary to collect such claim, and the employer shall be 23
required to pay the costs and such reasonable attorney's fees as may be allowed by 24
the court. The commissioner in case of suit shall have power to join various 25
claimants against the same employer in one (1) action. 26
(5) An employer shall not discharge or in any other manner discriminate against any 27 UNOFFICIAL COPY 24 RS BR 1905
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employee who: 1
(a) Made any complaint to his or her employer, to the commissioner, or to the 2
commissioner's authorized representative that he or she has not been paid 3
wages in accordance with KRS 337.275 and 337.285 or administrative 4
regulations issued thereunder; 5
(b) Caused to be instituted or is about to cause to be instituted any proceeding 6
under or related to KRS 337.385; or 7
(c) Testified or is about to testify in any proceeding. 8
(6) Any employer who violates subsection (5) of this section shall be liable to the 9
employee for his or her lost wages and overtime compensation, less any amount 10
actually paid to the employee, for an equal amount as liquidated damages, and 11
for costs and reasonable attorney fees, and any other relief ordered by the court 12
for any action initiated under this section. 13
(7) Except as provided in Section 13 of this Act, any action to enforce any provision 14
of KRS Chapter 337 may be commenced within two (2) years after the cause of 15
action accrued. Any action initiated under this section shall be forever barred 16
unless commenced within two (2) years after the cause of action accrued, except 17
that a cause of action arising out of a willful violation may be commenced within 18
three (3) years after the cause of action accrued. 19
(8) Relief awarded in any claim to enforce any provision of KRS Chapter 337 shall 20
not include an award of punitive damages or an award of damages for emotional 21
distress, humiliation, or embarrassment. 22
Section 6. KRS 337.990 is amended to read as follows: 23
The following civil penalties shall be imposed by the Education and Labor Cabinet, in 24
accordance with the provisions in KRS 336.985, for violations of the provisions of this 25
chapter: 26
(1) Any firm, individual, partnership, or corporation that violates KRS 337.020 shall be 27 UNOFFICIAL COPY 24 RS BR 1905
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assessed a civil penalty of not less than one hundred dollars ($100) nor more than 1
one thousand dollars ($1,000) for each offense. Each failure to pay an employee the 2
wages when due him under KRS 337.020 shall constitute a separate offense. 3
[(2) Any employer who violates KRS 337.050 shall be assessed a civil penalty of not 4
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).] 5
(2)[(3)] Any employer who violates KRS 337.055 shall be assessed a civil penalty of 6
not less than one hundred dollars ($100) nor more than one thousand dollars 7
($1,000) for each offense and shall make full payment to the employee by reason of 8
the violation. Each failure to pay an employee the wages as required by KRS 9
337.055 shall constitute a separate offense. 10
(3)[(4)] Any employer who violates KRS 337.060 shall be assessed a civil penalty of 11
not less than one hundred dollars ($100) nor more than one thousand dollars 12
($1,000) and shall also be liable to the affected employee for the amount withheld, 13
plus interest at the rate of ten percent (10%) per annum. 14
(4)[(5)] Any employer who violates the provisions of KRS 337.065 shall be assessed a 15
civil penalty of not less than one hundred dollars ($100) nor more than one 16
thousand dollars ($1,000) for each offense and shall make full payment to the 17
employee by reason of the violation. 18
(5)[(6)] Any person who fails to comply with KRS 337.070 shall be assessed a civil 19
penalty of not less than one hundred dollars ($100) nor more than one thousand 20
dollars ($1,000) for each offense and each day that the failure continues shall be 21
deemed a separate offense. 22
(6)[(7)] Any employer who violates any provision of KRS 337.275 to 337.325, KRS 23
337.345, and KRS 337.385 to 337.405, or willfully hinders or delays the 24
commissioner or the commissioner's authorized representative in the performance 25
of his or her duties under KRS 337.295, or fails to keep and preserve any records as 26
required under KRS 337.320 and 337.325, or falsifies any record, or refuses to 27 UNOFFICIAL COPY 24 RS BR 1905
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make any record or transcription thereof accessible to the commissioner or the 1
commissioner's authorized representative shall be assessed a civil penalty of not 2
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). 3
A civil penalty of not less than one thousand dollars ($1,000) shall be assessed for 4
any subsequent violation of KRS 337.285(4) to (9) and each day the employer 5
violates KRS 337.285(4) to (9) shall constitute a separate offense and penalty. 6
(7)[(8)] Any employer who pays or agrees to pay wages at a rate less than the rate 7
applicable under KRS 337.275 and 337.285, or any wage order issued pursuant 8
thereto shall be assessed a civil penalty of not less than one hundred dollars ($100) 9
nor more than one thousand dollars ($1,000). 10
(8)[(9)] Any employer who discharges or in any other manner discriminates against 11
any employee because the employee has made any complaint to his or her 12
employer, to the commissioner, or to the commissioner's authorized representative 13
that he or she has not been paid wages in accordance with KRS 337.275 and 14
337.285 or regulations issued thereunder, or because the employee has caused to be 15
instituted or is about to cause to be instituted any proceeding under or related to 16
KRS 337.385, or because the employee has testified or is about to testify in any 17
such proceeding, shall be deemed in violation of KRS 337.275 to 337.325, KRS 18
337.345, and KRS 337.385 to 337.405 and shall be assessed a civil penalty of not 19
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). 20
[(10) Any employer who violates KRS 337.365 shall be assessed a civil penalty of not 21
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).] 22
(9)[(11)] A person shall be assessed a civil penalty of not less than one hundred dollars 23
($100) nor more than one thousand dollars ($1,000) when that person discharges or 24
in any other manner discriminates against an employee because the employee has: 25
(a) Made any complaint to his or her employer, the commissioner, or any other 26
person; or 27 UNOFFICIAL COPY 24 RS BR 1905
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(b) Instituted, or caused to be instituted, any proceeding under or related to KRS 1
337.420 to 337.433; or 2
(c) Testified, or is about to testify, in any such proceedings. 3
Section 7. KRS 95A.250 is amended to read as follows: 4
(1) (a) An eligible local government shall be entitled to receive an annual supplement 5
of three thousand dollars ($3,000) and, beginning July 1, 2018, an annual 6
supplement of four thousand dollars ($4,000) for each qualified professional 7
firefighter it employs, plus an amount equal to the required employer's 8
contribution on the supplement to the defined benefit pension plan, or to a 9
plan qualified under Section 401(a) or Section 457 of the Internal Revenue 10
Code of 1954 as amended. 11
(b) The employer's contribution to any of these plans on the supplement shall not 12
exceed the required employer's contribution to the County Employees 13
Retirement System pursuant to KRS Chapter 78 for the hazardous duty 14
category. The pension contribution on the supplement shall be paid whether 15
the professional firefighter entered the system under hazardous duty coverage 16
or nonhazardous coverage. 17
(c) The local unit of government shall pay the amount received for retirement 18
coverage to the appropriate retirement system to cover the required employer 19
contribution on the supplement. 20
(d) Should the foundation program funds be insufficient to pay employer 21
contributions to the system, then the total amount available for pension 22
payments shall be prorated to each eligible government so that each receives 23
the same percentage of required pension costs attributable to the supplement. 24
(e) 1. In addition to the payments received under paragraphs (a) and (b) of this 25
subsection, but only if sufficient funds are available to fully reimburse 26
each eligible local government for the employer contributions to the 27 UNOFFICIAL COPY 24 RS BR 1905
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pension system, each local government shall receive an administrative 1
expense reimbursement in an amount equal to seven and sixty-five one-2
hundredths percent (7.65%) of the total annual supplement received 3
greater than three thousand one hundred dollars ($3,100) for each 4
qualified professional firefighter it employs, subject to the cap 5
established by subparagraph 3. of this paragraph. 6
2. The local government may use the moneys received under this 7
paragraph in any manner it deems necessary to partially cover the costs 8
of administering the payments received under paragraph (a) of this 9
subsection. 10
3. The total amount distributed under this paragraph shall not exceed the 11
total sum of two hundred fifty thousand dollars ($250,000) for each 12
fiscal year. If there are insufficient funds to provide for full 13
reimbursement as provided in subparagraph 1. of this paragraph, then 14
the amount shall be distributed pro rata to each eligible local 15
government so that each receives the same percentage attributable to its 16
total receipt of the cash salary supplement. 17
(2) (a) Each qualified professional firefighter, whose local government receives a 18
supplement pursuant to subsection (1)(a) of this section due to employment of 19
the firefighter, shall receive distribution of the supplement from that local 20
government in twelve (12) equal monthly installments with his or her pay for 21
the last pay period of each month. The monthly distribution shall be 22
calculated by dividing the supplement amount established in subsection (1)(a) 23
of this section by twelve (12). 24
(b) The supplement disbursed to a qualified professional firefighter pursuant to 25
this section shall not be considered "wages" as defined by KRS 26
337.010(3)(a)[337.010(1)(c)1.] and shall not be included in the hourly wage 27 UNOFFICIAL COPY 24 RS BR 1905
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rate for calculation of overtime pursuant to KRS 337.285 for scheduled 1
overtime. The supplement shall be included in the hourly wage rates for 2
calculation of overtime for unscheduled overtime pursuant to KRS 337.285. 3
(c) To determine the addition to the hourly wage rate for calculation of overtime 4
on unscheduled overtime, the annual supplement shall be divided by two 5
thousand eighty (2,080). The overtime rate for unscheduled overtime shall be 6
calculated by adding the quotient, which is the amount of the annual 7
supplement divided by two thousand eighty (2,080), to the hourly wage rate 8
and multiplying the total by one and one-half (1.5). The enhanced overtime 9
rate shall be paid only for unscheduled overtime. Scheduled overtime shall be 10
paid at one and one-half (1.5) times the regular hourly wage rate, excluding 11
the supplement. 12
(3) (a) The Kentucky Community and Technical College System shall be entitled to 13
receive annually a supplement equal to the amount determined in subsection 14
(1) of this section for each Kentucky fire and rescue training coordinator 15
employed by the Kentucky Community and Technical College System who 16
meets the qualifications for individual firefighters required in KRS 95A.230, 17
plus an amount equal to the required employer's contribution on the 18
supplement to the defined benefit pension plan. 19
(b) The Department of Military Affairs shall be entitled to receive annually a 20
supplement equal to the amount determined in subsection (1) of this section 21
for each civilian firefighter employed by the Department of Military Affairs 22
who meets the qualifications for individual firefighters required in KRS 23
95A.230, plus an amount equal to the required employer's contribution on the 24
supplement to the defined benefit pension plan. 25
(c) Each fire and rescue training coordinator employed by the Kentucky 26
Community and Technical College System and each civilian firefighter 27 UNOFFICIAL COPY 24 RS BR 1905
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employed by the Department of Military Affairs, whose employer receives a 1
supplement pursuant to this subsection, shall receive distribution from that 2
employer of the supplement which his or her qualifications brought to the 3
employer. The supplement distributed shall be in addition to his or her regular 4
salary. 5
Section 8. KRS 337.020 is amended to read as follows: 6
Every employer doing business in this state shall, as often as semimonthly, pay to each of 7
its employees all wages or salary earned to a day not more than eighteen (18) days prior 8
to the date of that payment. Any employee who is absent at the time fixed for payment, or 9
who, for any other reason, is not paid at that time, shall be paid thereafter at any time 10
upon six (6) days' demand. No employer subject to this section shall, by any means, 11
secure exemption from it. Every such employee shall have a right of action against any 12
such employer for the full amount of his wages due on each regular pay day. The 13
provisions of this section do not apply to those individuals defined in subsection (2) of 14
Section 1 of this Act[KRS 337.010(2)(a)2]. 15
Section 9. KRS 337.420 is amended to read as follows: 16
(1) "Employee" means any individual employed by any employer, including but not 17
limited to individuals employed by the state or any of its political subdivisions, 18
instrumentalities, or instrumentalities of political subdivisions. 19
(2) "Employer" means a person who has two (2) or more employees within the state in 20
each of twenty (20) or more calendar weeks in the current or preceding calendar 21
year and an agent of such a person. 22
(3) "Wage rate" means all compensation for employment, including payment in kind 23
and amounts paid by employers for employee benefits, as defined by the 24
commissioner in regulations issued under KRS 337.420 to 337.433 and 25
337.990(9)[337.990(11)]. 26
(4) "Employ" includes to suffer or permit to work. 27 UNOFFICIAL COPY 24 RS BR 1905
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(5) "Occupation" includes any industry, trade, business, or branch thereof, or any 1
employment or class of employment. 2
(6) "Commissioner" means the commissioner of the Department of Workplace 3
Standards under the direction and supervision of the secretary of the Education and 4
Labor Cabinet. 5
(7) "Person" includes one (1) or more individuals, partnerships, corporations, legal 6
representatives, trustees, trustees in bankruptcy, or voluntary associations. 7
Section 10. KRS 337.423 is amended to read as follows: 8
(1) No employer shall discriminate between employees in the same establishment on 9
the basis of sex, by paying wages to any employee in any occupation in this state at 10
a rate less than the rate at which he or she pays any employee of the opposite sex 11
for comparable work on jobs which have comparable requirements relating to skill, 12
effort and responsibility. Differentials which are paid pursuant to established 13
seniority systems or merit increase systems, which do not discriminate on the basis 14
of sex, shall not be included within this prohibition. Nothing in KRS 337.420 to 15
337.433 and 337.990(9)[337.990(11)] shall apply to any employer who is subject to 16
the federal Fair Labor Standards Act of 1938, as amended, when that act imposes 17
comparable or greater requirements than contained in KRS 337.420 to 337.433 and 18
337.990(9)[337.990(11)] and when the employer files with the commissioner of the 19
Department of Workplace Standards a statement that the employer is covered by the 20
federal Fair Labor Standards Act of 1938, as amended. 21
(2) An employer who is paying a wage differential in violation of KRS 337.420 to 22
337.433 and 337.990(9)[337.990(11)] shall not, in order to comply with it, reduce 23
the wage rates of any employee. 24
(3) No person shall cause or attempt to cause an employer to discriminate against any 25
employee in violation of KRS 337.420 to 337.433 and 337.990(9)[337.990(11)]. 26
(4) No employer may discharge or discriminate against any employee by reason of any 27 UNOFFICIAL COPY 24 RS BR 1905
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action taken by such employee to invoke or assist in any manner the enforcement of 1
KRS 337.420 to 337.433 and 337.990(9)[337.990(11)]. 2
Section 11. KRS 337.425 is amended to read as follows: 3
(1) For this purpose, the commissioner, or the commissioner's authorized 4
representative, may enter the place of employment of any employer to inspect and 5
copy payrolls and other employment records, to compare character of work and 6
operations on which persons employed by him or her are engaged, to question such 7
persons, and to obtain other information necessary to the administration and 8
enforcement of KRS 337.420 to 337.433 and 337.990(9)[337.990(11)]. 9
(2) The commissioner or the commissioner's authorized representative may examine 10
witnesses under oath, and require by subpoena the attendance and testimony of 11
witnesses and the production of any documentary evidence relating to the subject 12
matter of any investigation undertaken pursuant to KRS 337.420 to 337.433 and 13
337.990(9)[337.990(11)]. If a person fails to attend, testify or produce documents 14
under or in response to a subpoena, the Circuit Court in the judicial circuit where 15
the hearing is being held, on application of the commissioner or the commissioner's 16
representative, may issue an order requiring the person to appear before the 17
commissioner or the commissioner's authorized representative, or to produce 18
documentary evidence, and any failure to obey the order of the court may be 19
punished by the court as contempt. 20
(3) The commissioner may endeavor to eliminate pay practices unlawful under KRS 21
337.420 to 337.433 and 337.990(9)[337.990(11)] by informal methods of 22
conference, conciliation and persuasion, and supervise the payment of wages owing 23
to any employee under KRS 337.420 to 337.433 and 337.990(9)[337.990(11)]. 24
(4) The commissioner may issue regulations not inconsistent with the purpose of KRS 25
337.420 to 337.433 and 337.990(9)[337.990(11)], necessary or appropriate to carry 26
out its provisions. 27 UNOFFICIAL COPY 24 RS BR 1905
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Section 12. KRS 337.427 is amended to read as follows: 1
(1) Any employer who violates the provisions of KRS 337.423 shall be liable to the 2
employee or employees affected in the amount of their unpaid wages, and in 3
instances of willful violation in employee suits under subsection (2) of this section, 4
up to an additional equal amount as liquidated damages. 5
(2) Action to recover the liability may be maintained in any court of competent 6
jurisdiction by any one (1) or more employees for and in behalf of himself, herself, 7
or themselves and other employees similarly situated. The court in the action shall, 8
in cases of violation in addition to any judgment awarded to the plaintiff or 9
plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of 10
the action. 11
(3) An agreement by any employee to work for less than the wage to which the 12
employee is entitled under KRS 337.420 to 337.433 and 337.990(9)[337.990(11)] 13
shall not be a bar to any such action, or to a voluntary wage restitution of the full 14
amount due under KRS 337.420 to 337.433 and 337.990(9)[337.990(11)]. 15
(4) At the written request of any employee claiming to have been paid less than the 16
wage to which he may be entitled under KRS 337.420 to 337.433 and 17
337.990(9)[337.990(11)], the commissioner may bring any legal action necessary in 18
behalf of the employee to collect the claim for unpaid wages. The commissioner 19
shall not be required to pay the filing fee, or other costs, in connection with the 20
action. The commissioner shall have power to join various claims against the 21
employer in one (1) cause of action. 22
(5) In proceedings under this section, the court may order other affirmative action as 23
appropriate, including reinstatement of employees discharged in violation of KRS 24
337.420 to 337.433 and 337.990(9)[337.990(11)]. 25
(6) The commissioner may on his or her own motion petition any court of competent 26
jurisdiction to restrain violations of KRS 337.423, and petition for such affirmative 27 UNOFFICIAL COPY 24 RS BR 1905
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relief as the court may deem appropriate, including restoration of unpaid wages and 1
reinstatement of employees, consistent with the purpose of KRS 337.420 to 337.433 2
and 337.990(9)[337.990(11)]. 3
Section 13. KRS 337.430 is amended to read as follows: 4
Court action under KRS 337.420 to 337.433 and 337.990(9)[337.990(11)] may be 5
commenced no later than six (6) months after the cause of action occurs. 6
Section 14. KRS 337.433 is amended to read as follows: 7
Every person subject to KRS 337.420 to 337.433 and 337.990(9)[337.990(11)] shall keep 8
an abstract or copy of KRS 337.420 to 337.433 and 337.990(9)[337.990(11)] posted in a 9
conspicuous place in or about the premises where any employee is employed. Employers 10
shall be furnished copies or abstracts of KRS 337.420 to 337.433 and 11
337.990(9)[337.990(11)] by the state on request without charge. 12
Section 15. The following KRS sections are repealed: 13
337.050 Time and a half for work done on seventh day of week -- Exceptions. 14
337.355 Lunch period requirements. 15
337.365 Rest periods for employees. 16