Kentucky Wage Discrimination Because of Sex Poster Mandatory

(KRS 207.140 to 207.240 - KRS 337.420 to 337.433 and KRS 337.990 (14))	
WAGE DISCRIMINATIONBECAUSE OF SEX	
DEFINITIONS	
EMPLOYEE-	
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.	
EMPLOYER-	
A  person  who  has  two  or  more  employees  within  the  State  in
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
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:
The  employer  is  prohibited  from  discriminating  between
employees of opposite sexes in the same establishment by paying
different  wage  rates  for  comparable  work  on  jobs  which  have
comparable requirements.  This prohibition covers any employee
in any occupation in Kentucky.  Any employer violating this Act
shall  not  reduce  the  wages  of  any  employee  in  order  to  comply
with the Act.
No employer can discharge or discriminate against any employee
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
increase system is permitted by the Act if it does not discriminate
on the basis of sex.
Employers  subject  to  the  Fair  Labor  Standards  Act  of  1938,  as
amended,  are  excluded  “when  that  act  imposes  comparable  or
greater requirements than contained” in this Act.  However, to be
excluded,  the  employer  must  file  with   the  Executive Director  of
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:
The Executive Director or his authorized agent has the power to
enter  the  employer’s  premises  to  inspect  records,  compare
character  of  work  and  operations  of  employees,  question
employees, and to obtain any information necessary to administer
and  enforce  this Act.    The  Executive  Director  or  his  authorized
representative may examine witnesses under oath, and require by
subpoena  the  attendance  and  testimony  of  witnesses  and  the
production  of  any  documentary  evidence  relating  to  the  subject
matter of any investigation undertaken pursuant to this Act.  If a
person fails to obey a subpoena, the Circuit Court of the Judicial
District  wherein  the  hearing  is  being  held  may  issue  an  order
requiring  the  subpoena  to  be  obeyed.    Failure  to  obey  the  court
order may be punished as contempt of that court.	
COLLECTION OF UNPAID WAGES:
Any  employer  who  violates  this  Act  is  liable  to  the  employee  or
employees  affected  in  the  amount  of  the  unpaid  wages.    If  the
employer  violates  this  Act  willfully,  he  is  liable  for  an  additional
equal  amount  as  liquidated  damages.    The  court  may  order  other
appropriate action, including reinstatement of employees discharged
in violation of this Act.
The employee or employees affected may maintain an action to collect
the amount due.  At the written request of any employee, the Executive
Director  may  bring  any  legal  action  necessary  to  collect  the  claim
for unpaid wages in behalf of the employee.
An agreement between an employer and employee to work for less
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
months after the cause of action occurs.
POSTING OF LAW:
All  employers  subject  to  the  Act  shall  post  this  abstract  in  a
conspicuous place in or about the premises wherein any employee is
employed.
PENALTIES:
Any  person  who  discharges  or  in  any  other  manner  discriminates
against an employee because such employee has:
(a) made any complaint to his employer, the Executive Director or any other person, or
(b) instituted or caused to be instituted any proceeding under or related to this Act, or
(c)  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 Department of Labor
Division of Employment Standards, Apprenticeship and Training
1047 U.S. HWY 127 South, Suite 4 Frankfort, Kentucky 40601-4381
“No individual in the United States shall, on the grounds of race,
color,  religion,  sex,  national  origin,  age,  disability,  political
affiliation or belief, be excluded from participation in, or denied
the  benefits  of,  or  be  subjected  to  discrimination  under  any
program  or  activity  under  the  jurisdiction  of  the  Kentucky
Department of Labor.”	
PAID FOR WITH STATE FUNDS	
DEPA
RTMENT	O	F	LABOR	
M	C	M	X	LII	
Kentucky	
POST THIS ORDER WHERE ALL EMPLOYEES MAY READ	
Apprenticeship and Mediation	
Kentucky Labor Cabinet	
Phone: (502) 564-3070  Fax: (502) 564-2248 Website:  www.labor.ky.gov	
(KRS 207.140 to 207.240 - KRS 337.420 to 337.433 and KRS 337.990 (14))	
WAGE DISCRIMINATION
BECAUSE OF SEX	
DEFINITIONS	
EMPLOYEE-	
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.	
EMPLOYER-	
A  person  who  has  two  or  more  employees  within  the  State  in
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
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:
The  employer  is  prohibited  from  discriminating  between
employees of opposite sexes in the same establishment by paying
different  wage  rates  for  comparable  work  on  jobs  which  have
comparable requirements.  This prohibition covers any employee
in any occupation in Kentucky.  Any employer violating this Act
shall  not  reduce  the  wages  of  any  employee  in  order  to  comply
with the Act.
No employer can discharge or discriminate against any employee
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
increase system is permitted by the Act if it does not discriminate
on the basis of sex.
Employers  subject  to  the  Fair  Labor  Standards  Act  of  1938,  as
amended,  are  excluded  “when  that  act  imposes  comparable  or
greater requirements than contained” in this Act.  However, to be
excluded,  the  employer  must  file  with   the  Executive Director  of
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:
The Executive Director or his authorized agent has the power to
enter  the  employer’s  premises  to  inspect  records,  compare
character  of  work  and  operations  of  employees,  question
employees, and to obtain any information necessary to administer
and  enforce  this Act.    The  Executive  Director  or  his  authorized
representative may examine witnesses under oath, and require by
subpoena  the  attendance  and  testimony  of  witnesses  and  the
production  of  any  documentary  evidence  relating  to  the  subject
matter of any investigation undertaken pursuant to this Act.  If a
person fails to obey a subpoena, the Circuit Court of the Judicial
District  wherein  the  hearing  is  being  held  may  issue  an  order
requiring  the  subpoena  to  be  obeyed.    Failure  to  obey  the  court
order may be punished as contempt of that court.	
COLLECTION OF UNPAID WAGES:
Any  employer  who  violates  this  Act  is  liable  to  the  employee  or
employees  affected  in  the  amount  of  the  unpaid  wages.    If  the
employer  violates  this  Act  willfully,  he  is  liable  for  an  additional
equal  amount  as  liquidated  damages.    The  court  may  order  other
appropriate action, including reinstatement of employees discharged
in violation of this Act.
The employee or employees affected may maintain an action to collect
the amount due.  At the written request of any employee, the Executive
Director  may  bring  any  legal  action  necessary  to  collect  the  claim
for unpaid wages in behalf of the employee.
An agreement between an employer and employee to work for less
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
months after the cause of action occurs.
POSTING OF LAW:
All  employers  subject  to  the  Act  shall  post  this  abstract  in  a
conspicuous place in or about the premises wherein any employee is
employed.
PENALTIES:
Any  person  who  discharges  or  in  any  other  manner  discriminates
against an employee because such employee has:
(a) made any complaint to his employer, the Executive Director or any other person, or
(b) instituted or caused to be instituted any proceeding under or related to this Act, or
(c)  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 Department of Labor
Division of Employment Standards, Apprenticeship and Training
1047 U.S. HWY 127 South, Suite 4 Frankfort, Kentucky 40601-4381
“No individual in the United States shall, on the grounds of race,
color,  religion,  sex,  national  origin,  age,  disability,  political
affiliation or belief, be excluded from participation in, or denied
the  benefits  of,  or  be  subjected  to  discrimination  under  any
program  or  activity  under  the  jurisdiction  of  the  Kentucky
Department of Labor.”	
PAID FOR WITH STATE FUNDS	
DEPA
RTMENT	O	F	LABOR	
M	C	M	X	LII	
Kentucky	
POST THIS ORDER WHERE ALL EMPLOYEES MAY READ