WAGE DISCRIMINATION
WAGE DISCRIMINATION
BECAUSE OF SEX
BECAUSE OF SEX
(KRS 207.140 to 207.240 - KRS 337.420 to 337.433 and KRS 337.990 (14))
(KRS 207.140 to 207.240 - KRS 337.420 to 337.433 and KRS 337.990 (14))
Any individual employed by any employer, including but not
EMPLOYEElimited to individuals employed by the State or any of its political
Any individual
employed by any
employer, including
but not
subdivisions,
instrumentalities,
or instrumentalities
of political
limited to individuals employed by the State or any of its political
subdivisions.
subdivisions, instrumentalities, or instrumentalities of political
subdivisions.
EMPLOYER-
A person who has two or more employees within the State in
EMPLOYEReach of twenty or more calendar weeks in the current or preceding
A person who has two or more employees within the State in
calendar year and an agent of such a person.
each of twenty or more calendar weeks in the current or preceding
calendar year and an agent of such a person.
WAGE RATE-
All compensation for employment, including payment in kind and
WAGE RATEamounts paid by employers for employee benefits, as defined by
All Executive
compensation
for employment,
including
payment
kind and
the
Director
in regulations
issued under
thisinAct.
amounts paid by employers for employee benefits, as defined by
the Executive Director in regulations issued under this Act.
PROHIBITION OF THE PAYMENT
OF
WAGES BASED
ON SEX:
PROHIBITION
OF THE
PAYMENT
The employer is prohibited from discriminating between
OF WAGES BASED ON SEX:
employees of opposite sexes in the same establishment by paying
The employer
is prohibited
from work
discriminating
between
different
wage rates
for comparable
on jobs which
have
employees
of
opposite
sexes
in
the
same
establishment
by
paying
comparable requirements. This prohibition covers any employee
different
wage rates
for comparable
work on violating
jobs which
in
any occupation
in Kentucky.
Any employer
thishave
Act
comparable
requirements.
This
prohibition
covers
any
employee
shall not reduce the wages of any employee in order to comply
in any
in Kentucky. Any employer violating this Act
with
theoccupation
Act.
shall
not reduce
wages or
of discriminate
any employee
in order
comply
No
employer
can the
discharge
against
any to
employee
with
the
Act.
for the reason that the employee sought to invoke or assist in the
No employer can discharge or discriminate against any employee
enforcement of the Act.
for the reason that the employee sought to invoke or assist in the
enforcement of the Act.
EXEMPTIONS FROM COVERAGE:
A differential paid through an established seniority system or merit
EXEMPTIONS FROM COVERAGE:
increase system is permitted by the Act if it does not discriminate
A differential
on
the basis ofpaid
sex.through an established seniority system or merit
increase system
is permitted
by Labor
the ActStandards
if it does Act
not discriminate
Employers
subject
to the Fair
of 1938, as
on the basis
sex.
amended,
areof excluded
“when that act imposes comparable or
Employers
subject tothan
the contained”
Fair LaborinStandards
of 1938,
as
greater
requirements
this Act. Act
However,
to be
amended,
are
excluded
“when
that
act
imposes
comparable
or
excluded, the employer must file with the Executive Director of
greater
requirements
contained”
in this aAct.
However,
the
Kentucky
Office ofthan
Workplace
Standards
statement
that to
he be
is
excluded, the employer must file with the Executive Director of
covered by the Fair Labor Standards Act of 1938, as amended.
the Kentucky Office of Workplace Standards a statement that he is
covered by the Fair Labor Standards Act of 1938, as amended.
ENFORCEMENT OF LAW AND POWER
TO
INSPECT:
ENFORCEMENT
OF LAW AND POWER
Any employer who violates this Act is liable to the employee or
COLLECTION OF UNPAID WAGES:
employees affected in the amount of the unpaid wages. If the
Any employer
whothis
violates
this Act he
is is
liable
to for
the an
employee
or
employer
violates
Act willfully,
liable
additional
employees
affected
in
the
amount
of
the
unpaid
wages.
If
the
equal amount as liquidated damages. The court may order other
employer violates
this Act willfully,
he isofliable
for andischarged
additional
appropriate
action, including
reinstatement
employees
equal
amount
as liquidated
damages. The court may order other
in
violation
of this
Act.
appropriate
action,
includingaffected
reinstatement
of employees
discharged
The
employee
or employees
may maintain
an action
to collect
in
violation
of
this
Act.
the amount due. At the written request of any employee, the Executive
The employee
or employees
affected
maintain
actionthe
to collect
Director
may bring
any legal
actionmay
necessary
toan
collect
claim
the
amount
due.
At
the
written
request
of
any
employee,
the
Executive
for unpaid wages in behalf of the employee.
Director
may bring
anyan
legal
action and
necessary
to collect
An
agreement
between
employer
employee
to worktheforclaim
less
for
unpaid
wages
in
behalf
of
the
employee.
than the wage to which such employee is entitled will not bar any
An agreement
between an
employer
and employee to work for less
legal
action or voluntary
wage
restitution.
than the wage to which such employee is entitled will not bar any
legal action or voluntary wage restitution.
STATUTE OF LIMITATIONS:
Court action under this Act may be commenced no later than six
STATUTE OF LIMITATIONS:
months after the cause of action occurs.
Court action under this Act may be commenced no later than six
months after the cause of action occurs.
POSTING OF LAW:
All employers subject to the Act shall post this abstract in a
POSTING OF LAW:
conspicuous place in or about the premises wherein any employee is
All employers subject to the Act shall post this abstract in a
employed.
conspicuous place in or about the premises wherein any employee is
employed.
PENALTIES:
Any person who discharges or in any other manner discriminates
PENALTIES:
against an employee because such employee has:
Anymade
person
discharges
in any other
manner discriminates
(a)
anywho
complaint
to hisoremployer,
the Executive
Director or
against
employee
such employee has:
any an
other
person,because
or
(a) instituted
made any or
complaint
hisinstituted
employer,
theproceeding
Executive under
Director
(b)
caused totobe
any
or or
any other
person,
related
to this
Act,or
or
(b)
instituted
or
caused
to testify
be instituted
under
(c) testified or is about to
in any any
suchproceeding
proceedings,
shallorbe
related toathis
or of not less than $100 nor more than
assessed
civilAct,
penalty
(c) $1,000.
testified or is about to testify in any such proceedings, shall be
assessed a civil penalty of not less than $100 nor more than
$1,000.
FOR FURTHER INFORMATION CONTACT:
Kentucky
Labor Cabinet
Kentucky
Department
of Labor
FOR FURTHER
INFORMATION CONTACT:
Division of Employment Standards,
Kentucky
Department
of Labor
Apprenticeship
and
Apprenticeship
andMediation
Training
Division
Employment
Standards,
1047
U.S.ofHWY
127 South,
Suite 4
Apprenticeship
and
Training
Frankfort, Kentucky 40601-4381
1047 U.S. HWY 127 South, Suite 4
Phone: (502) 564-3070 Fax: (502) 564-2248
Kentucky
40601-4381
“No individual inFrankfort,
the
United
States shall,
on the grounds of race,
Website:
www.labor.ky.gov
color, religion, sex, national origin, age, disability, political
“No individual
in the
States
shall,
on the grounds
race,
affiliation
or belief,
beUnited
excluded
from
participation
in, orof
denied
color,
religion,
sex,
national
origin,
age,
disability,
political
the benefits of, or be subjected to discrimination under any
affiliation or
or belief,
beunder
excluded
participation
in,Kentucky
or denied
program
activity
thefrom
jurisdiction
of the
the benefits of, or be subjected to discrimination under any
Department of Labor.”
program or activity under the jurisdiction of the Kentucky
Department of Labor.”
T OF L
POST THIS ORDER WHERE ALL EMPLOYEES MAY READ
PAID FOR
WITH
STATE
FUNDS MAY READ
POST THIS ORDER
WHERE
ALL
EMPLOYEES
A
EN
M T OF
LA
EN
M
R OR
BO B
The Executive Director or his authorized agent has the power to
TO INSPECT:
enter the employer’s premises to inspect records, compare
The Executive
Director
his authorized
agent has the question
power to
character
of work
andoroperations
of employees,
enter
the
employer’s
premises
to
inspect
records,
compare
employees, and to obtain any information necessary to administer
character
work
of employees,
question
and
enforceofthis
Act.and
Theoperations
Executive Director
or his authorized
employees, andmay
to obtain
anywitnesses
information
necessary
to administer
representative
examine
under
oath, and
require by
and
enforce
this
Act.
The
Executive
Director
or
his
authorized
subpoena the attendance and testimony of witnesses and the
representative
maydocumentary
examine witnesses
under
oath, and
require
by
production
of any
evidence
relating
to the
subject
subpoena
theinvestigation
attendance and
testimony
of witnesses
and Ifthe
matter
of any
undertaken
pursuant
to this Act.
a
production
of
any
documentary
evidence
relating
to
the
subject
person fails to obey a subpoena, the Circuit Court of the Judicial
matter ofwherein
any investigation
undertaken
pursuant
this Act.
If a
District
the hearing
is being held
maytoissue
an order
person
fails
to
obey
a
subpoena,
the
Circuit
Court
of
the
Judicial
requiring the subpoena to be obeyed. Failure to obey the court
District
wherein
the hearing
is being
heldcourt.
may issue an order
order
may
be punished
as contempt
of that
requiring the subpoena to be obeyed. Failure to obey the court
order may be punished as contempt of that court.
COLLECTION OF UNPAID WAGES:
DEPDAERPTART
DEFINITIONS
DEFINITIONS
EMPLOYEE-
Kentucky
MC
Kentucky
MX LII
MC
MX LII