{"data":{"id":"us-ky/krs-337.010","jurisdiction":"us-ky","citation":"KRS 337.010","heading":"Definitions for chapter.","body":"(1) As used in this chapter, unless the context requires otherwise:\n(a) \"Commissioner\" means the commissioner of the Department of Workplace\nStandards under the direction and supervision of the secretary of the\nEducation and Labor Cabinet;\n(b) \"Department\" mea ns the Department of Workplace Standards in the\nEducation and Labor Cabinet;\n(c) 1. \"Wages\" includes any compensation due to an employee by reason of\nhis or her employment, including salaries, commissions, vested vacation\npay, overtime pay, severance or di smissal pay, earned bonuses, and any\nother similar advantages agreed upon by the employer and the employee\nor provided to employees as an established policy. The wages shall be\npayable in legal tender of the United States, checks on banks, direct\ndeposits, or payroll card accounts convertible into cash on demand at\nfull face value, subject to the allowances made in this chapter. However,\nan employee may not be charged an activation fee and the payroll card\naccount shall provide the employee with the ability , without charge, to\nmake at least one (1) withdrawal per pay period for any amount up to\nand including the full account balance.\n2. For the purposes of calculating hourly wage rates for scheduled\novertime for professional firefighters, as defined in KRS 9 5A.210(8),\n\"wages\" shall not include the distribution to qualified professional\nfirefighters by local governments of supplements received from the\nFirefighters Foundation Program Fund. For the purposes of calculating\nhourly wage rates for unscheduled overtime for professional firefighters,\nas defined in KRS 95A.210(9), \"wages\" shall include the distribution to\nqualified professional firefighters by local governments of supplements\nreceived from the Firefighters Foundation Program Fund;\n(d) \"Employer\" is any person, either individual, corporation, partnership, agency,\nor firm who employs an employee and includes any person, either individual,\ncorporation, partnership, agency, or firm acting directly or indirectly in the\ninterest of an employer in relation to an employee; and\n(e) \"Employee\" is any person employed by or suffered or permitted to work for\nan employer, except that:\n1. Notwithstanding any voluntary agreement entered into between the\nUnited States Department of Labor and a franchisee, neither a franchisee\nnor a franchisee's employee shall be deemed to be an employee of the\nfranchisor for any purpose under this chapter; and\n2. Notwithstanding any voluntary agree ment entered into between the\nUnited States Department of Labor and a franchisor, neither a franchisor\nnor a franchisor's employee shall be deemed to be an employee of the\nfranchisee for any purpose under this chapter.\nFor purposes of this paragraph, \"fra nchisee\" and \"franchisor\" have the same\nmeanings as in 16 C.F.R. sec. 436.1.\n(2) As used in KRS 337.275 to 337.325, 337.345, and 337.385 to 337.405, unless the\ncontext requires otherwise:\n(a) \"Employee\" is any person employed by or suffered or permitted to  work for\nan employer, but shall not include:\n1. Any individual employed in agriculture;\n2. Any individual employed in a bona fide executive, administrative,\nsupervisory, or professional capacity, or in the capacity of outside\nsalesman, or as an outside co llector as the terms are defined by\nadministrative regulations of the commissioner;\n3. Any individual employed by the United States;\n4. Any individual employed in domestic service in or about a private\nhome. The provisions of this section shall include ind ividuals employed\nin domestic service in or about the home of an employer where there is\nmore than one (1) domestic servant regularly employed;\n5. Any individual classified and given a certificate by the commissioner\nshowing a status of learner, apprentice , worker with a disability,\nsheltered workshop employee, and student under administrative\nprocedures and administrative regulations prescribed and promulgated\nby the commissioner. This certificate shall authorize employment at the\nwages, less than the esta blished fixed minimum fair wage rates, and for\nthe period of time fixed by the commissioner and stated in the certificate\nissued to the person;\n6. Employees of retail stores, service industries, hotels, motels, and\nrestaurant operations whose average annua l gross volume of sales made\nfor business done is less than ninety -five thousand dollars ($95,000) for\nthe five (5) preceding years exclusive of excise taxes at the retail level\nor if the employee is the parent, spouse, child, or other member of his or\nher employer's immediate family;\n7. Any individual employed as a baby -sitter in an employer's home, or an\nindividual employed as a companion by a sick, convalescing, or elderly\nperson or by the person's immediate family, to care for that sick,\nconvalescing, o r elderly person and whose principal duties do not\ninclude housekeeping;\n8. Any individual engaged in the delivery of newspapers to the consumer;\n9. Any individual subject to the provisions of KRS Chapters 7, 16, 27A,\n30A, and 18A provided that the secreta ry of the Personnel Cabinet shall\nhave the authority to prescribe by administrative regulation those\nemergency employees, or others, who shall receive overtime pay rates\nnecessary for the efficient operation of government and the protection of\naffected employees;\n10. Any employee employed by an establishment which is an organized\nnonprofit camp, religious, or nonprofit educational conference center, if\nit does not operate for more than two hundred ten (210) days in any\ncalendar year;\n11. Any employee whose function is to provide twenty -four (24) hour\nresidential care on the employer's premises in a parental role to children\nwho are primarily dependent, neglected, and abused and who are in the\ncare of private, nonprofit childcaring facilities licensed by the Cabinet\nfor Health and Family Services under KRS 199.640 to 199.670;\n12. Any individual whose function is to provide twenty -four (24) hour\nresidential care in his or her own home as a family caregiver, family\nhome provider, or adult foster care provider an d who is approved to\nprovide family caregiver services to an adult with a disability through a\ncontractual relationship with a community board for mental health or\nindividuals with an intellectual disability established under KRS\n210.370 to 210.460 or through a contractual relationship with a certified\nwaiver provider as defined in 907 KAR 7:005 sec. 1(5), or is certified or\nlicensed by the Cabinet for Health and Family Services to provide adult\nfoster care;\n13. A direct seller as defined in Section 3508(b) (2) of the Internal Revenue\nCode of 1986;\n14. Any individual whose function is to provide behavior support services,\nbehavior programming services, case management services, community\nliving support services, positive behavior support services, or respite\nservices through a contractual relationship with a certified waiver\nprovider, as defined in 907 KAR 7:005 sec. 1(5), pursuant to a 1915(c)\nhome and community based services waiver program, as defined in 907\nKAR 7:005 sec. 1(2); or\n15. Any individual employed to play baseball who is compensated pursuant\nto the terms of a contract and a collective bargaining agreement that\nexpressly provides for wages and working conditions;\n(b) \"Agriculture\" means farming in all its branches, including cultivation and\ntillage of the soil; dairying; production, cultivation, growing, and harvesting\nof any agricultural or horticultural commodity; raising of livestock, bees,\nfurbearing animals, or poultry; and any practice, including any forestry or\nlumbering operations, performe d on a farm in conjunction with farming\noperations, including preparation and delivery of produce to storage, to\nmarket, or to carriers for transportation to market;\n(c) \"Gratuity\" means voluntary monetary contribution received by an employee\nfrom a guest, patron, or customer for services rendered;\n(d) \"Tipped employee\" means any employee engaged in an occupation in which\nhe or she:\n1. Customarily and regularly receives more than thirty dollars ($30) per\nmonth in tips; and\n2. Performs work that:\na. Directly supports or is itself the service function for which a\ncustomer would tip, regardless of whether the employee performs\nthe service function; or\nb. Directly supports the service function that involves any amount of\ndirect customer interaction or is performed in the direct line of\nsight of customers; and\n(e) \"U.S.C.\" means the United States Code.","path":["KRS Chapter 337"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56806","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:26Z","sha256":"a77967931959f68a98a227f7dd8eebf13a97f1e510cd4690f5d9e7c791e891a2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-336.990","next":"us-ky/krs-337.015"},"notice":"GroundRules: Original legal text. Not legal advice."}