Kentucky Statutes 337.990 – Civil penalties
Current as of: 2024 | Check for updates
|
Other versions
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 KRS § 337.325, KRS
337.345, and KRS § 337.385 to KRS § 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 KRS § 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 KRS § 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 KRS § 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 KRS § 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.
(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.
Terms Used In Kentucky Statutes 337.990
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Employee: is a ny person employed by or suffered or permitted to work for an employer, except that:
1. See Kentucky Statutes 337.010 - Statute: A law passed by a legislature.
- Testify: Answer questions in court.
- 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
(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 KRS § 337.325, KRS
337.345, and KRS § 337.385 to KRS § 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 KRS § 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 KRS § 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 KRS § 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 KRS § 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.