Download as PDF
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 domestic service in or about the home of an employer
where there is more than one (1) domestic servant regularly
(b)
employed;
5.
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;
6.
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
($95,000) 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;
7.
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;
8.
Any individual engaged in the delivery of newspapers to the
consumer;
9.
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;
10. 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;
11. 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
12. 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
board for mental health or individuals with an intellectual disability
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;
"Agriculture" means farming in all its branches, including cultivation and
(3)
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 ($30) 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
($250,000). 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) "Public authority" means any officer, board, or commission of this state,
(4)
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 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 113, effective July 12, 2012. -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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.