Download as PDF
337.990 Penalties.
The following civil penalties shall be imposed, 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 337.325, KRS
337.345, and KRS 337.385 to 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 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
(10)
(11)
(12)
(13)
(14)
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 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).
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).
Any person who violates KRS 337.530 shall be assessed a civil penalty of not
less than one hundred dollars ($100) nor more than one thousand dollars
($1,000).
Any contractor or subcontractor who violates any wage or work hours provision
in any contract under KRS 337.505 to 337.550 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 the contractor or subcontractor shall
make full restitution to all employees to whom he or she is legally indebted by
reason of said violation. The prime contractor shall be jointly and severally
liable with a subcontractor for wages due an employee of the subcontractor.
For a flagrant or repeated violation the offending contractor or subcontractor
shall be barred from bidding on, or working on, any and all public works
contracts, either in his or her name or in the name of any other company, firm,
or other entity in which he or she might be interested for a period of two (2)
years from the date of the last offense. Each day of violation shall constitute a
separate offense, and the violation as affects each individual worker shall
constitute a separate offense.
Any public authority, public official, or member of a public authority who willfully
fails to comply or to require compliance with KRS 337.505 to 337.550 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 day of violation shall
constitute a separate offense. If a public authority, public official or member of
a public authority willfully or negligently fails to comply with KRS 337.505 to
337.550 and the failure results in damages, injury or loss to any person, the
public authority, public official, or member of a public authority may be held
liable in a civil action.
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 337.433; or
(c) Testified, or is about to testify, in any such proceedings.
Effective:July 15, 2010
History: 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 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.
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.