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337.540 Limitation of working hours -- Exceptions -- Overtime.
(1)
(2)
(3)
(4)
Every public authority, before advertising for bids, shall include with the
schedule of wages a provision that no laborer, workman, or mechanic shall be
permitted to work more than eight (8) hours in one (1) calendar day, which shall
constitute a legal day's work; nor more than forty (40) hours in one (1) week,
which shall constitute a legal workweek, except in cases of emergency caused
by fire, flood, or damage to life or property. This limitation of work hours shall
be made a part of the specifications for the work and printed on bid blanks
where the work is done by contract and shall be incorporated as a part of each
contract. This shall not prohibit any laborer, workman, or mechanic from
working more than eight (8) hours in one (1) calendar day, but not more than
ten (10) hours in one (1) calendar day where the employee and employer enter
into an agreement in writing prior to the working of any one (1) day in excess of
eight (8) hours, or where provided for in a collective bargaining agreement.
No laborer, workman, or mechanic shall be permitted to work more than eight
(8) hours in any one (1) calendar day, nor more than forty (40) hours in any
one (1) week, except in cases of emergency caused by fire, flood, or damage
to life or property, on the construction of public works which is being
constructed under contract with any public authority. This shall not prohibit any
laborer, workman, or mechanic from working more than eight (8) hours in one
(1) calendar day, but not more than ten (10) hours in one (1) calendar day
where the employee and employer enter into an agreement in writing prior to
the working of any one (1) day in excess of eight (8) hours, or where provided
for in a collective bargaining agreement.
Any laborer, workman, or mechanic worked in excess of eight (8) hours per
day or forty (40) hours per week, except in cases of emergency shall be paid
not less than one and one-half (1-1/2) times the basic hourly rate of pay as
defined and fixed under this chapter for all overtime worked, and each contract
with any public authority for the construction of public works shall so provide. In
any case where a laborer, workman, or mechanic works in excess of eight (8)
hours per day, but not more than ten (10) hours per day in accordance with
subsection (2) of this section, it will not be a violation of this subsection
provided the laborer, workman, or mechanic who works in excess of ten (10)
hours in any one (1) calendar day shall be paid not less than one and one-half
(1-1/2) times the basic hourly rate of pay.
The determination of exception provided in this section of when an emergency
exists shall be made by the public authority letting the contract.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 258, sec. 1, effective July 15, 1994. -Amended 1974 Ky. Acts ch. 341, sec. 8. -- Amended 1968 Ky. Acts ch. 33,
sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 2290c-5.
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