803
KAR 1:120. Prevailing wage posting requirements.
RELATES TO: KRS: 337.520(1)
STATUTORY AUTHORITY: KRS 337.530
NECESSITY, FUNCTION, AND CONFORMITY: KRS
337.520(1) authorizes the executive director to promulgate administrative
regulations to carry out the provisions and purposes of KRS 337.505 to 337.550
and to prevent their circumvention or evasion. This administrative regulation
clarifies the prevailing wage requirements of KRS 337.530 and specifies that
translated rates be posted if non-English speaking employees are on the
construction site. This administrative regulation imposes different
requirements than federal law. Federal law does not require posting of wage
rates and hours at the primary site entrance, and does not require the posting
of translated rates where non-English speaking persons are present. Employers
can differ as to what is considered a conspicuous place or places within the
meaning of the statute. By requiring that the rates be posted at least at the
primary site entrance, this administrative regulation will assist employers in
complying with the posting requirement. In addition, non-English speaking
construction employees are increasing in numbers; the requirement that
translated rates be posted provides a clear benefit to non-English speaking
employees.
Section 1. Posting of the Wage Rates for
Public Projects shall comply with KRS 337.530(3). The posting shall be in a
conspicuous place and at a minimum shall appear in the open at the primary
project site entrance. The method of posting shall be of sufficient size for
each page of the rates to be visible without overlapping.
Section 2. Posting shall be legible and
readily accessible to anyone on the job site. If non-English speaking employees
are present on the job site, translated rates shall be furnished by the Labor
Cabinet and posted alongside the rates.
Section 3. Any contractor or
subcontractor performing work on the project who does not post the rates shall
be in violation of KRS 337.530(3). Civil money penalties shall be issued for
all violations subsequent to the first violation, in accordance with KRS
337.990. (35 Ky.R. 1960; 2434; eff. 6-5-2009.)