Kentucky Statutes 337.425 – Powers of commissioner
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(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 KRS § 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 KRS § 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 KRS § 337.433 and 337.990(11).
(4) The commissioner may issue regulations not inconsistent with the purpose of KRS § 337.420 to KRS § 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.
(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
Terms Used In Kentucky Statutes 337.425
- Commissioner: means the commissioner of the Department of Workplace Standards under the direction and supervision of the secretary of the Education and Labor Cabinet. See Kentucky Statutes 337.010
- Employee: is a ny person employed by or suffered or permitted to work for an employer, except that:
1. See Kentucky Statutes 337.010 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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. See Kentucky Statutes 337.010
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 KRS § 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 KRS § 337.433 and 337.990(11).
(4) The commissioner may issue regulations not inconsistent with the purpose of KRS § 337.420 to KRS § 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.