Kentucky Wage Discrimination Because of Sex Poster Mandatory

WAGE DISCRIMINATION 
BECAUSE  OF SEX 	
 	 
 	
 	
DEFINITIONS  	
(KRS 337.420 to 337.433 and KRS 337.990 (11))  	
 
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 
Commissioner in regulations issued under KRS 337.425.  
 	
PROHIBITION OF THE PAYMENT OF WAGES 
BASED ON SEX:  	
The employer is prohi bited 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 e mployer in violation  shall not reduce 
the wages of any employee in order to comply with KRS 337.420 – 
337.433.  
No employer can discharge or discriminate against any employee 
for the reason that the employee sought to invoke or assist in the 
enforcement of KRS 337.423. 
 	
EXEMPTIONS FROM COVERAGE:  	
A differential  paid through an  established  seniority system or merit 
increase system is permitted by KRS 337.423  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 KRS 337.420  – 337.433. 
However, to be excluded, the employer must file with the 
Commissioner  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 Commissioner  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 KRS 
337.420  – 337.433 . The  Commissioner  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 underta ken pursuant to KRS 337.425. 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 conte mpt of that court. 	
COLLECTION OF UNPAID WAGES:  	
Any employer who discriminates based on sex  is liable to the 
employee or employees affected in the amount of the unpaid wages. 
If  the  employer  is in willful violation, he is liable for an additional 
equal amo unt as liquidated damages. The court may order other 
appropriate  action,  including  reinstatement  of  employees  discharged 
in violation of KRS 337.420 – 337.433.  
 
The employee  or  employees  affected  may  maintain  an  action  to  collect 
the  amount  due.  At the  written  request  of  any  employee,  the  
Commissioner  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 e ntitled will not bar any 
legal action or voluntary wage  restitution.  
 	
STATUTE OF LIMITATIONS:  	
Court action may be commenced no later than six months after the 
cause of action occurs. 
 	
POSTING OF LAW: 	
All employers 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 Commissioner or any 
other person, or  
(b) instituted or caused to be instituted any proceeding under  or 
related to KRS 337.420  – 337.433, 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:  	
Education and Labor Cabinet 
Division of Wages and Hours  
Mayo -Underwood Building 
500 Mero Street, 3	
rd Floor  
Frankfort, Kentucky 40601 
Phone: (502) 564- 3534 
www.labor.ky.gov  
 
“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 Education and Labor  Cabinet .” 	
 
 	
 
 
PAID FOR WITH STATE FUNDS   UPDATED September 2022 	
 	
POST THIS ORDER WHERE ALL EMPLOYEES MAY READ