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 (0) nor more than
one thousand dollars (,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 (0) nor more than one thousand dollars (,000).
(3) Any employer who violates KRS 337.055 shall be assessed a civil penalty of not
less than one hundred dollars (0) nor more than one thousand dollars (,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 (0) nor more than one thousand dollars (,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 (0) nor more than one thousand
dollars (,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 (0) nor more than one thousand dollars
(,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 (0) nor more than one thousand dollars (,000). A
civil penalty of not less than one thousand dollars (,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 (0) nor more than
one thousand dollars (,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
(10)
(11)
(12)
(13)
(14)
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 (0) nor more than one thousand dollars (,000).
Any employer who violates KRS 337.365 shall be assessed a civil penalty of not
less than one hundred dollars (0) nor more than one thousand dollars (,000).
Any person who violates KRS 337.530 shall be assessed a civil penalty of not less
than one hundred dollars (0) nor more than one thousand dollars (,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 (0) nor more than one thousand dollars (,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 (0) nor more than
one thousand dollars (,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
(0) nor more than one thousand dollars (,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.
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