Title XXVII, Labor and Human Rights

services by employers. (1) The Kentucky Department of Veterans' Affairs shall create and prominently display on its website a veterans' benefits and services document. The document shall be made for the purpose of downloading to print and not exceed two (2) standard size eight an…

Every employer shall permit the commissioner or the commissioner's authorized agent to question any of his or her employees in the place of employment and during work hours in respect to the wages paid to and the hours worked by such employee or other employees.

Except as otherwise provided in this section, the department shall not disclose the identity of any individual filing a complaint or request for inspection under any section of this chapter, except as necessary to enforce, and then only with the specific written permission of the…

Employers, except those subject to the Federal Railway Labor Act, shall grant their employees a reasonable period for lunch, and such time shall be as close to the middle of the employee's scheduled work shift as possible. In no case shall an employee be required to take a lunch …

No employer shall require any employee to work without a rest period of at least ten (10) minutes during each four (4) hours worked, except those employees who are under the Federal Railway Labor Act. This shall be in addition to the regularly scheduled lunch period. This section…

damages for forced labor or services -- Period of limitation. (1) Except as provided in subsection (3) of this section, any employer who pays any employee less than wages and overtime compensation to which such employee is entitled under or by virtue of KRS 337.020 to 337.285 sha…

Any standards relating to minimum wages, maximum hours, overtime compensation, or other working conditions, in effect under any other law of this state which are more favorable to employees than standards applicable hereunder shall not be deemed to be amended, rescinded or otherw…

Nothing in KRS 337.275 to 337.325, 337.345, and 337.385 to 337.405 shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively through representatives of their own choosing in order to establish wages in excess of the applicabl…

employer -- Penalty for unlawful discharge. No employer shall discharge an employee for taking time off, as required by law, to appear in any duly constituted local, state or federal court or duly constituted administrative tribunal or hearing if such employee, prior to taking su…

(1) "Employee" means any individual employed by any employer, including but not limited to individuals employed by the state or any of its political subdivisions, instrumentalities, or instrumentalities of political subdivisions. (2) "Employer" means a person who has two (2) or m…

(1) No employer shall discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs wh…

(1) For this purpose, the commissioner, or the commissioner's authorized representative, may enter the place of employment of any employer to inspect and copy payrolls and other employment records, to compare character of work and operations on which persons employed by him or he…

(1) Any employer who violates the provisions of KRS 337.423 shall be liable to the employee or employees affected in the amount of their unpaid wages, and in instances of willful violation in employee suits under subsection (2) of this section, up to an additional equal amount as…

Court action under KRS 337.420 to 337.433 and 337.990(11) may be commenced no later than six (6) months after the cause of action occurs. Effective:January 9, 2017

Every person subject to KRS 337.420 to 337.433 and 337.990(11) shall keep an abstract or copy of KRS 337.420 to 337.433 and 337.990(11) posted in a conspicuous place in or about the premises where any employee is employed. Employers shall be furnished copies or abstracts of KRS 3…

The following civil penalties shall be imposed by the Education and Labor Cabinet, 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…

Any employer who violates KRS 337.200 shall be fined by the Education and Labor Cabinet not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Each day that the employer violates KRS 337.200 shall constitute a separate offense and penalty. If the empl…

The General Assembly finds that occupational accidents and diseases produce personal injuries and illness including loss of life as well as economic loss. Therefore, the General Assembly declares that it is the purpose and policy of the Commonwealth of Kentucky to promote the saf…

As used in this chapter: (1) "Employer" shall mean any entity for whom a person is employed except those employers excluded in KRS 338.021; (2) "Employee" shall mean any person employed except those employees excluded in KRS 338.021; (3) The term "occupational safety and health s…

(1) This chapter applies to all employers, employees, and places of employment throughout the Commonwealth except the following: (a) Employees of the United States government; and (b) Employers, employees and places of employment over which federal agencies other than the Occupat…

(1) Each employer: (a) Shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (b) Shall comply with occupational safety and health …

health -- Contract with other agencies. (1) The Department of Workplace Standards in the Education and Labor Cabinet shall administer all matters pertaining to occupational safety and occupational health. (2) The department may require the assistance of other state agencies and m…

staff. Effective July 1, 1994, the Department of Workplace Standards shall be expanded by sixteen (16) employees. These additional staff shall assist employers in their efforts to improve safety and health practices in their workplaces; to assure compliance with industrial health…

Membership -- Terms -- Chairman -- Meetings -- Quorum -- Regulations -- Compensation. (1) There is hereby established the Kentucky Occupational Safety and Health Standards Board consisting of the secretary and twelve (12) members equally representing industry, labor, agriculture,…

alteration in enforcement of administrative regulation. (1) Occupational safety and health standards may be adopted, modified, or repealed by the board through the administrative regulation process of KRS Chapter 13A as it shall deem necessary, except the secretary may through an…

promulgating, or enforcing regulations -- Exemption for public employees. The Kentucky Occupational Safety and Health Standards board, the secretary, the secretary's designee, the commissioner, and the commissioner's authorized representative shall not adopt, promulgate, or enfor…

Membership -- Terms -- Quorum -- Hearings -- Regulations -- Compensation -- Employees. (1) There is hereby established the Kentucky Occupational Safety and Health Review Commission consisting of three (3) members appointed by the Governor on the basis of their experience and comp…

(1) Hearings authorized by the provisions of this chapter may be conducted by a hearing officer appointed by the review commission to serve in its place. Said hearing officer may be a full-time employee, serve by contract, or be paid on a per diem basis at the discretion of the r…

(1) Any party adversely affected or aggrieved by a final order of the review commission may appeal within thirty (30) days to the Franklin Circuit Court on the record for a review of such order. No new evidence may be introduced in the Circuit Court. An appeal may be taken to the…

(1) In order to carry out the purposes of this chapter, the commissioner or the commissioner's authorized representative shall have the authority: (a) To enter without delay and advance notice any place of employment during regular working hours and at other reasonable times in o…

(1) Representatives of the employer shall be given the opportunity to accompany the commissioner or the authorized representative of the commissioner during the physical inspection of any place of employment as authorized by KRS 338.101. (2) A representative authorized by the emp…

Recourse. (1) Any employee, or representative authorized by the employees, who believes that a violation of an occupational safety and health standard exists that threatens physical harm, or that an imminent danger exists in their workplace, may request an inspection by giving no…

(1) Whenever an authorized representative of the commissioner determines that conditions in any place of employment are of an imminent danger which reasonably could be expected to cause death or serious physical harm, then he or she shall order the danger to be immediately abated…

(1) If in the discretion of the commissioner it is believed that a place of employment, equipment, or practice is substantially dangerous to employees, or other persons, then the commissioner may apply to the Circuit Court in the county wherein the condition is located for a temp…

citation -- Additional time for compliance -- Hearing. (1) If upon inspection an authorized representative of the commissioner finds that an employer has violated any requirement of this chapter, a citation shall be issued to the employer. Each citation shall describe with partic…

(1) Any affected employer may apply to the commissioner for a rule or order for a variance from a standard promulgated under this chapter. Affected employees shall be given notice of each such application and an opportunity to participate in a hearing. The commissioner shall issu…

(1) The Department of Workplace Standards shall develop and maintain a program of collection, compilation, and analysis of occupational safety and health statistics. Each employer shall make, keep and preserve, and make available to the commissioner and the Secretary of the Unite…

All information obtained by the commissioner in connection with any inspection or proceeding under this chapter which might reveal a trade secret shall be considered confidential except that such information may be disclosed to those persons concerned with carrying out this chapt…

States government. The Department of Workplace Standards is empowered to administer the provisions of this chapter to employers, employees, and places of employment under the jurisdiction of the United States government pursuant to any agreement between the Commonwealth and the U…

It shall be the duty of the Attorney General, upon request of the commissioner, to bring all necessary civil or criminal actions for violations of the provisions of this chapter and to obtain injunctions against any person violating or threatening to violate any provisions of thi…

In any personal injury or property damage lawsuit arising from the cleanup of asbestos, the demonstration that acts or omissions of a party to the lawsuit during the party's involvement in cleanup of asbestos were in accordance with generally accepted practice and state-of-the-ar…

Recording of lien. (1) A lien may be placed on all property, both real and personal, of an employer who has violated any requirement of this chapter, if the citation issued by the commissioner has been upheld by a final order of the review commission, but not before all administr…

(1) Any employer who willfully or repeatedly violates the requirement of any section of this chapter, including any standard, regulation, or order promulgated pursuant to this chapter, may be assessed a civil penalty of up to seventy thousand dollars ($70,000) for each violation,…

As used in this chapter, "commissioner" shall mean the commissioner of the Department of Workplace Standards, under the direction and supervision of the secretary of the Education and Labor Cabinet. Effective:July 1, 2022

As used in KRS 339.210 to 339.450: (1) "Gainful occupation" does not include employment in farm work or in domestic service in a private home, nor occasional employment by a householder in connection with the household and not in connection with the householder's business or occu…

No minor under fourteen (14) years of age shall be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation at any time, except for employment in connection with an employment program supervised and sponsored by the school or school distric…