337.010 Definitions for chapter and specific ranges in chapter.
(1)
(2)
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 Labor
Cabinet;
(b) "Department" means the Department of Workplace Standards in the 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 or checks on banks
convertible into cash on demand at full face value, subject to the
allowances made in this chapter;
2.
For the purposes of calculating hourly wage rates for scheduled overtime
for professional firefighters, as defined in KRS 95A.210(5), "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(6), "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.
As used in KRS 337.275 to 337.325, 337.345, and KRS 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
5.
6.
7.
8.
9.
10.
11.
12.
domestic service in or about the home of an employer where there is
more than one (1) domestic servant regularly employed;
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;
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 (,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;
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;
Any individual engaged in the delivery of newspapers to the consumer;
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;
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 seven (7) months in any calendar year;
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; or
Any individual whose function is to provide twenty-four (24) hour
residential care in his or her own home as a family caregiver and who is
approved to provide family caregiver services to an adult with a
disability through a contractual relationship with a community mental
health-mental retardation board established under KRS 210.370 to
210.460, or is certified or licensed by the Cabinet for Health and Family
Services to provide adult foster care;
(b)
(3)
"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 customarily and regularly receives more than thirty dollars () per
month in tips; and
(e) "U.S.C." means the United States Code.
As used in KRS 337.505 to 337.550, unless the context requires otherwise:
(a) "Construction" includes construction, reconstruction, improvement,
enlargement, alteration, or repair of any public works project by contract fairly
estimated to cost more than two hundred fifty thousand dollars (0,000). No
public works project, if procured under a single contract and subject to the
requirements of this section, may be divided into multiple contracts of lesser
value to avoid compliance with the provisions of this section;
(b) "Contractor" and "subcontractor" include any superintendent, foreman, or
other authorized agent of any contractor or subcontractor who is in charge of
the construction of the public works or who is in charge of the employment or
payment of the employees of the contractor or subcontractor who are
employed in performing the work to be done or being done by the contractor
or subcontractor under the particular contract with any public authority;
(c) 1.
"Locality" shall be determined by the commissioner. The commissioner
may designate more than one (1) county as a single locality, but if more
than one (1) county is designated, the multicounty locality shall not
extend beyond the boundaries of a state Senatorial district. The
commissioner shall not designate less than an entire county as a locality.
If there is not available in the locality a sufficient number of competent,
skilled laborers, workmen, and mechanics to efficiently and properly
construct the public works, "locality" shall include any other locality
nearest the one in which the work of construction is to be performed and
from which such available skilled laborers, workmen, and mechanics
may be obtained in sufficient number to perform the work; and
2.
"Locality" with respect to contracts advertised or awarded by the
Transportation Cabinet of this state shall be determined by the secretary
of the Transportation Cabinet. The secretary may designate any number
of counties as constituting a single locality. The secretary may also
designate all counties of the Commonwealth as a single locality, but he
or she shall not designate less than an entire county as a locality;
(d)
(4)
"Public authority" means any officer, board, or commission of this state, or
any political subdivision or department thereof in the state, or any institution
supported in whole or in part by public funds, including publicly owned or
controlled corporations, authorized by law to enter into any contract for the
construction of public works and any nonprofit corporation funded to act as an
agency and instrumentality of the government agency in connection with the
construction of public works, and any "private provider", as defined in KRS
197.500, which enters into any contract for the construction of an "adult
correctional facility", as defined in KRS 197.500; and
(e) "Public works" includes all buildings, roads, streets, alleys, sewers, ditches,
sewage disposal plants, waterworks, and all other structures or work,
including "adult correctional facilities", as defined in KRS 197.500,
constructed under contract with any public authority.
If the federal government or any of its agencies furnishes by loans or grants any part
of the funds used in constructing public works, and if the federal government or its
agencies prescribe predetermined prevailing minimum wages to be paid to
mechanics, workmen, and laborers employed in the construction of the public
works, and if KRS 337.505 to 337.550 is also applicable, those wages in each
classification which are higher shall prevail.
Effective: July 15, 2010
History: 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, 1978; 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.
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