KRS 337.010: Definitions for chapter.

(1) As used in this chapter, unless the context requires otherwise:

(a) "Commissioner" means the commissioner of the Department of Workplace

Standards under the direction and supervision of the secretary of the

Education and Labor Cabinet;

(b) "Department" mea ns the Department of Workplace Standards in the

Education and Labor Cabinet;

(c) 1. "Wages" includes any compensation due to an employee by reason of

his or her employment, including salaries, commissions, vested vacation

pay, overtime pay, severance or di smissal pay, earned bonuses, and any

other similar advantages agreed upon by the employer and the employee

or provided to employees as an established policy. The wages shall be

payable in legal tender of the United States, checks on banks, direct

deposits, or payroll card accounts convertible into cash on demand at

full face value, subject to the allowances made in this chapter. However,

an employee may not be charged an activation fee and the payroll card

account shall provide the employee with the ability , without charge, to

make at least one (1) withdrawal per pay period for any amount up to

and including the full account balance.

2. For the purposes of calculating hourly wage rates for scheduled

overtime for professional firefighters, as defined in KRS 9 5A.210(8),

"wages" shall not include the distribution to qualified professional

firefighters by local governments of supplements received from the

Firefighters Foundation Program Fund. For the purposes of calculating

hourly wage rates for unscheduled overtime for professional firefighters,

as defined in KRS 95A.210(9), "wages" shall include the distribution to

qualified professional firefighters by local governments of supplements

received from the Firefighters Foundation Program Fund;

(d) "Employer" is any person, either individual, corporation, partnership, agency,

or firm who employs an employee and includes any person, either individual,

corporation, partnership, agency, or firm acting directly or indirectly in the

interest of an employer in relation to an employee; and

(e) "Employee" is any person employed by or suffered or permitted to work for

an employer, except that:

1. Notwithstanding any voluntary agreement entered into between the

United States Department of Labor and a franchisee, neither a franchisee

nor a franchisee's employee shall be deemed to be an employee of the

franchisor for any purpose under this chapter; and

2. Notwithstanding any voluntary agree ment entered into between the

United States Department of Labor and a franchisor, neither a franchisor

nor a franchisor's employee shall be deemed to be an employee of the

franchisee for any purpose under this chapter.

For purposes of this paragraph, "fra nchisee" and "franchisor" have the same

meanings as in 16 C.F.R. sec. 436.1.

(2) As used in KRS 337.275 to 337.325, 337.345, and 337.385 to 337.405, unless the

context requires otherwise:

(a) "Employee" is any person employed by or suffered or permitted to work for

an employer, but shall not include:

1. Any individual employed in agriculture;

2. Any individual employed in a bona fide executive, administrative,

supervisory, or professional capacity, or in the capacity of outside

salesman, or as an outside co llector as the terms are defined by

administrative regulations of the commissioner;

3. Any individual employed by the United States;

4. Any individual employed in domestic service in or about a private

home. The provisions of this section shall include ind ividuals employed

in domestic service in or about the home of an employer where there is

more than one (1) domestic servant regularly employed;

5. Any individual classified and given a certificate by the commissioner

showing a status of learner, apprentice , worker with a disability,

sheltered workshop employee, and student under administrative

procedures and administrative regulations prescribed and promulgated

by the commissioner. This certificate shall authorize employment at the

wages, less than the esta blished fixed minimum fair wage rates, and for

the period of time fixed by the commissioner and stated in the certificate

issued to the person;

6. Employees of retail stores, service industries, hotels, motels, and

restaurant operations whose average annua l gross volume of sales made

for business done is less than ninety -five thousand dollars ($95,000) for

the five (5) preceding years exclusive of excise taxes at the retail level

or if the employee is the parent, spouse, child, or other member of his or

her employer's immediate family;

7. Any individual employed as a baby -sitter in an employer's home, or an

individual employed as a companion by a sick, convalescing, or elderly

person or by the person's immediate family, to care for that sick,

convalescing, o r elderly person and whose principal duties do not

include housekeeping;

8. Any individual engaged in the delivery of newspapers to the consumer;

9. Any individual subject to the provisions of KRS Chapters 7, 16, 27A,

30A, and 18A provided that the secreta ry of the Personnel Cabinet shall

have the authority to prescribe by administrative regulation those

emergency employees, or others, who shall receive overtime pay rates

necessary for the efficient operation of government and the protection of

affected employees;

10. Any employee employed by an establishment which is an organized

nonprofit camp, religious, or nonprofit educational conference center, if

it does not operate for more than two hundred ten (210) days in any

calendar year;

11. Any employee whose function is to provide twenty -four (24) hour

residential care on the employer's premises in a parental role to children

who are primarily dependent, neglected, and abused and who are in the

care of private, nonprofit childcaring facilities licensed by the Cabinet

for Health and Family Services under KRS 199.640 to 199.670;

12. Any individual whose function is to provide twenty -four (24) hour

residential care in his or her own home as a family caregiver, family

home provider, or adult foster care provider an d who is approved to

provide family caregiver services to an adult with a disability through a

contractual relationship with a community board for mental health or

individuals with an intellectual disability established under KRS

210.370 to 210.460 or through a contractual relationship with a certified

waiver provider as defined in 907 KAR 7:005 sec. 1(5), or is certified or

licensed by the Cabinet for Health and Family Services to provide adult

foster care;

13. A direct seller as defined in Section 3508(b) (2) of the Internal Revenue

Code of 1986;

14. Any individual whose function is to provide behavior support services,

behavior programming services, case management services, community

living support services, positive behavior support services, or respite

services through a contractual relationship with a certified waiver

provider, as defined in 907 KAR 7:005 sec. 1(5), pursuant to a 1915(c)

home and community based services waiver program, as defined in 907

KAR 7:005 sec. 1(2); or

15. Any individual employed to play baseball who is compensated pursuant

to the terms of a contract and a collective bargaining agreement that

expressly provides for wages and working conditions;

(b) "Agriculture" means farming in all its branches, including cultivation and

tillage of the soil; dairying; production, cultivation, growing, and harvesting

of any agricultural or horticultural commodity; raising of livestock, bees,

furbearing animals, or poultry; and any practice, including any forestry or

lumbering operations, performe d on a farm in conjunction with farming

operations, including preparation and delivery of produce to storage, to

market, or to carriers for transportation to market;

(c) "Gratuity" means voluntary monetary contribution received by an employee

from a guest, patron, or customer for services rendered;

(d) "Tipped employee" means any employee engaged in an occupation in which

he or she:

1. Customarily and regularly receives more than thirty dollars ($30) per

month in tips; and

2. Performs work that:

a. Directly supports or is itself the service function for which a

customer would tip, regardless of whether the employee performs

the service function; or

b. Directly supports the service function that involves any amount of

direct customer interaction or is performed in the direct line of

sight of customers; and

(e) "U.S.C." means the United States Code.