Recordkeeping/Posters Law Summaries
Kentucky, Recordkeeping/Posters Law Summaries
WHAT THE EMPLOYER MUST DO
Employers in Kentucky have recordkeeping responsibilities under the state's minimum wage and overtime pay law, maximum hours of work/meals and rest periods law, child labor law, new-hire reporting law, unemployment insurance law, fair employment practices law and access to personnel files law. See RECORDKEEPING below for specific requirements.
Kentucky employers must display summaries of the state's wage and hour laws and regulations, a child labor poster, an unemployment insurance poster, a whistleblower protection notice, a workers' compensation notice and a job safety poster. Display of a fair employment practices notice may be required after a violation. See POSTERS below for specific requirements.
RECORDKEEPING
Minimum wages and overtime pay.- Every employer must keep a record of the amount paid each pay period to each employee; the hours worked each day and each week by each employee; and any other information required by the Secretary of the Labor Cabinet (Ken RevStatAnn, Sec. 337.320).
The records must be open to the inspection and transcription of the Commissioner of Workplace Standards or an authorized representative at any reasonable time (Ken RevStatAnn, Sec. 337.320).
Retention requirement: one year after entry.
Reports.- Every employer must furnish to the secretary or an authorized representative, on demand, a sworn statement of the wage and hour records. The secretary may require the statement to be upon prescribed or approved forms (Ken RevStatAnn, Sec. 337.320).
Maximum hours of work.- Anyone employing minors under the age of 18 must keep a separate register containing the names, ages and addresses of such minors, the start and stop times for each work day, and start and stop times of meal periods. These records must be open for inspection by the school directors of pupil personnel and probation officers and by representatives of the Labor Cabinet and Department of Education (Ken RevStatAnn, Sec. 339.400).
Meals and rest periods.- Every person employing minors under 18 must keep a record of the minor's daily meal period (Ken RevStatAnn, Sec. 339.400).
Child labor: Employment certificates.- The Department of Workplace Standards, its inspectors and agents may have access to employment certificates kept on file by the employer and such other records as may aid in the enforcement of Kentucky's child labor law (Ken RevStatAnn, Sec. 339.450).
Time records.- Every person employing minors under 18 must keep a record of the time of commencing and stopping of work of each minor for each day, and the time of the beginning and ending of the minor's daily meal period. These records must be open at all times to the inspection of the school directors of pupil personnel and probation officers, and representatives of the Labor Cabinet and Department of Education (Ken RevStatAnn, Sec. 339.400).
Register of minors.- Every person employing minors under 18 must keep a separate register containing the names, ages, and addresses of such employees. These records must be open at all times to the inspection of the school directors of pupil personnel and probation officers, and representatives of the Labor Cabinet and Department of Education (Ken RevStatAnn, Sec. 339.400).
Age certificates.- Employers of minors must keep age certificates on file (see ¶18-1500 ) (Ken RevStatAnn, Sec. 339.450).
New-hire reporting.- Each employer must maintain a record containing the date an employee was hired, rehired, or returned to work after a temporary layoff, and the date separated from covered employment (Ken RevStatAnn, Sec. 5:230.)
Retention requirement: six years.
Unemployment insurance.- Employers must keep true and accurate work records of all workers employed, of the wages paid to each worker, and other information prescribed by the Secretary of the Human Resources Cabinet. The records must be open for inspection by the secretary or authorized representatives at any reasonable time and as often as necessary. Information obtained from the records may not be published or open for public inspection (except under specified circumstances) in any manner revealing the employing unit's identity. However, benefit claimants may be supplied with information from the records to the extent necessary for the proper presentation of their claims.
Retention requirement: not less than six years. The unemployment insurance regulations requires that certain other information concerning individual workers be kept for at least two years.
Reports.- The secretary may require employers to furnish wage and employee information from time to time. The information, including the amount of wages paid, total number of persons employed, an individual record of each worker employed, an individual record of each worker whose employment has been terminated or who has been laid off, an individual wage and hour record of each part-time worker entitled to benefits and hours worked, must be submitted to the Employment Services Department's central office.
Information obtained from reports is confidential.
If employers refuse to make the required reports, they may, after 10 days' written notice, be restrained or enjoined from continuing in business in Kentucky until the reports have been made.
All letters, reports, communications, and other matters, written or oral, from the employer or worker to the secretary or any of the secretary's agents, representatives, or employees, or to any board or official under Kentucky's unemployment insurance law, that have been made or sent as required, are absolutely privileged and may not be the subject matter or basis for any suit for slander or libel. However, an individual giving testimony before the secretary or any representative is subject to prosecution and punishment for perjury.
Fair employment practices.- Employers are required to make and keep records relevant to the determination of whether unlawful practices have been or are being committed, preserve those records, and make reports, as prescribed by the Human Rights Commission for the enforcement of Kentucky's Fair Employment Practices Act (Ken RevStatAnn, Sec. 344.250).
Access to personnel files.- Personnel files are to be maintained by the personnel department and the appointing authority for each employee. The file maintained by the department must be the employee's official personnel file. Upon job transfer, the personnel file maintained by the appointing authority from which the employee transfers must be forwarded to the new appointing authority (Ken RevStatAnn, Sec. 18A.020(2)(a)).
Contents.- Each employee file must contain the complete record and supporting documentation for each personnel action. The file would contain, at least, the employee's name, address, title of positions held, classification, rate of compensation, all changes in status, including evaluations, promotions, demotions, layoffs, transfers, disciplinary actions, commendations, awards, and preliminary, and other supporting documentation for each action (Ken RevStatAnn,Sec. 18A.020(2)(b)).
Disciplinary action.- Employee reprimands for misconduct, infractions, or a failure to perform duties in a proper or adequate manner must be documented in detail by the supervising employee taking such action, and the employee must receive a copy of the documentation. The supervising employee must inform the employee that he or she has a right to prepare a written response to the action taken after the employee reviews the documentation. Employee responses must be attached to the documentation. A copy of both the response and documentation must be placed in the employee's official personnel file, and the employee must be notified (Ken RevStatAnn, Sec. 18A.020(2)(c)).
Examination.- Upon written request, an employee has the right to examine the employee's own personnel file. An employee may comment in writing on any item in the file. Such comments must be made a part of the employee's file and must be attached to the specific record or document to which they pertain (Ken RevStatAnn, Sec. 18A.020).
Public agencies.- Under Kentucky's offices and officers law, public agency records must include, but are not limited to, work plans, job performance, demotions, evaluations, promotions, compensation, classification, reallocation, transfers, layoffs, disciplinary actions, examination scores, and preliminary and other supporting documentation (Ken RevStatAnn, Sec. 61.878(3)).
Long-term care facilities.- Any assisted living community as defined by Sec. 194A.700, long-term care facility as defined in Sec. 216.535, or long-term care facility constructed under Sec. 216B.071 that claims to provide special care for persons with a medical diagnosis of Alzheimer's disease or other related disorders shall maintain a written and current manual that contains the information specified below. This manual shall be maintained in the office of the community's or facility's director and shall be made available for inspection upon request of any person. The community or facility shall make a copy of any program or service information contained in the manual for a person who requests information about programs or services, at no cost to the person making the request (Ken RevStatAnn, Sec. 216.595, as amended by S. 20, L. 2003).
The community or facility shall maintain and update written information on the following (Ken RevStatAnn, Sec. 216.595, as amended by S. 20, L. 2003):
the assisted living community's or long-term care facility's mission or philosophy statement concerning the needs of residents with Alzheimer's disease or related disorders;
the process and criteria the assisted living community or long-term care facility uses to transfer or discharge persons from special services for Alzheimer's or related disorders;
the process and criteria the assisted living community or long-term facility uses to determine placement into services for persons with Alzheimer's disease or related disorders;
the supervision provided for residents with a medical diagnosis of Alzheimer's disease or related disorders;
the family's role in care;
the process for assessing, planning, implementing, and evaluating the plan of care for persons with Alzheimer's disease or related disorders;
a description of any special care services for persons with Alzheimer's disease or other related disorders;
any costs associated with specialized services for Alzheimer's disease or related disorders; and
a description of dementia-specific staff training that is provided, including but not limited to the content of the training, the number of offered and required hours of training, the schedule for training, and the staff who are required to complete the training.
POSTERS
PLEASE NOTE: Posters are provided for informational purposes only. Many states require posters to be of a particular size, or may require the official poster provided by the regulating agency to be posted, rather than a copy. Please check with the relevant agency to assure proper compliance.
Minimum wages and overtime pay.- Every employer subject to Kentucky's wage and hour law, regulations, or orders must keep copies of summaries of wage and hour laws and regulations and orders posted in a conspicuous and accessible place in or about the workplace (Ken RevStatAnn, Sec. 337.325).
Employers will be furnished copies of the summaries, orders and regulations by the state, on request, without charge. However, the failure to mail the summaries to an employer does not relieve the employer from the duty of complying with the posting provision (Ken RevStatAnn, Sec. 337.325).
How to order.- To obtain copies of the wage and hour laws, regulations and orders, contact the Commissioner of Workplace Standards in the Labor Cabinet at 1047 U.S. Highway 127 South, Suite 4, Frankfort, KY 40601. Telephone: (502) 564-3070. Fax: (502) 564-5387.
Kentucky Wage and Hour Laws Poster - English
KY_W-H_Eng.pdf
Kentucky Wage and Hour Laws Poster - Spanish
KY_W-H_Sp.pdf
Maximum hours of work.- Employers of minors must post the working hours for each day of the week in which a minor is employed (Ken RevStatAnn, Sec. 339.400).
Child labor.- Every person employing minors under 18 must post and keep conspicuously posted in the establishment in which any minor is employed, a printed abstract of Kentucky's child labor law, and a list of the occupations prohibited to such minors, together with a notice stating the working hours per day for each day in the week required of them (Ken RevStatAnn, Sec. 339.400).
Kentucky Child Labor Law Poster - English
KY_Child_Labor_Eng.pdf
Kentucky Child Labor Law Poster - Spanish
KY_Child_Labor_Sp.pdf
Unemployment insurance.- Employers must post and maintain unemployment insurance posters, informing workers that the employer is an “employer” under Kentucky's unemployment insurance law and of their potential rights to claim benefit payments for weeks of partial unemployment. The poster must be displayed at conspicuous places on the premises at which payroll records are maintained.
How to order.- The Unemployment Insurance Division will furnish each employer with the unemployment insurance poster. For information, contact the Employment Services Department, Unemployment Insurance Division, Cabinet for Human Resources Building, 275 E. Main St., Frankfort, KY 40621. Telephone: (502) 564-2900.
Kentucky Unemployment Insurance Poster
KY_UI.pdf
Fair employment practices.- As relief or a penalty for a fair employment practice violation, an employer may be directed to post notices in conspicuous places (Ken RevStatAnn, Sec. 344.230, as amended by Ch. 318, L. 1996, effective July 15, 1996).
Equal opportunity.-
Kentucky Equal Opportunity Law Poster
KY_Equal_Opp.pdf
Equal pay.- Every person subject to Kentucky's equal pay law must keep an abstract or copy of the law posted in a conspicuous place in or about the premises where any employee is employed. Employers will be furnished copies or abstracts of the law by the state on request without charge (Ken RevStatAnn, Sec. 337.433).
Kentucky Equal Pay Law Poster - English
KY_Equal_Pay_Eng.pdf
Kentucky Equal Pay Law Poster - Spanish
KY_Equal_Pay_Sp.pdf
Smoking in the workplace.- Smoking and nonsmoking areas must have posted signs stating where smoking is and is not allowed. In addition to refraining from selling tobacco products to minors, employers must post a notice stating that it is illegal to sell tobacco products to persons under 18.
Whistleblowers.- Public employers may be required to post whistleblower notices in the workplace (Ken RevStatAnn, Sec. 207.210(4)(e)).
Affected employers are state employers having eight or more employees. The notice would inform employees and applicants of their protection from discharge or discrimination if they oppose any practice or participate in a proceeding under Kentucky's Equal Opportunities Act.
How to order.- For information on whistleblower posting requirements, contact The Department of Workplace Standards, Labor Cabinet, 1047 U.S. Highway 127 South, Suite 4, Frankfort, KY 40601. Telephone: (502) 564-3070. Fax: (502) 564-5387.
Workers' compensation.-
Kentucky Workers' Compensation Notice
KY_WC_Notice.pdf
Job safety and health.-
Kentucky OSHA Poster - English
KY_Safety_Eng.pdf
Kentucky OSHA Poster - Spanish
KY_Safety_Sp.pdf
Mine safety.- Each licensed underground mine facility shall post in a prominent place at the mine office a copy of all emergency contact numbers (Sec. 2, S. 200, L. 2006, enacted April 21, 2006).
A map shall be posted or readily accessible to all miners in each working section, and in each area where mechanized equipment is being installed or removed. The maps shall show the designated escapeways from the working section to the locations where miners must travel to satisfy escapeway drills. A map showing the main escapeways shall be posted at the surface location of the licensed facility where miners congregate (Sec. 3, S. 200, L. 2006, enacted April 21, 2006).
The Department of Natural Resources shall establish procedures to distribute quarterly reports to every licensed entity describing mine fatalities, serious mine accidents, and penalties imposed on certified and noncertified personnel and licensed premises and to require the report to be distributed to every certified working miner employed by the licensed entity, posted at work sites, and reviewed at regular mine safety meetings (Ken RevStatAnn, Sec. 351.025, as amended by S. 200, L. 2006, enacted April 21, 2006).
The superintendent or mine manager shall keep on hand at the mine a supply of printed rules, notices, and record books required by this chapter (Chapter 352-Mining Regulations). The superintendent or mine manager shall see that rules, notices, and record books are delivered to the proper persons at the mine and are properly cared for, and that the rules and notices are posted in conspicuous places at or near the entrance to the mine and kept legible (Ken RevStatAnn, Sec. 352.410, as amended by S. 200, L. 2006, enacted April 21, 2006).
Long-term care facilities.- Specified long-term care facilities (see RECORDKEEPING above) must post a statement in their entrances or lobbies as follows: “Written information relating to community's or facility's services and policies is available upon request.” (Ken RevStatAnn, Sec. 216.595, as amended by S. 20, L. 2003).
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