803 KAR 1:120. Prevailing wage posting requirements

Link to law: http://www.lrc.ky.gov/kar/803/001/120.htm
Published: 2015

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KAR 1:120. Prevailing wage posting requirements.


      RELATES TO: KRS: 337.520(1)



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



      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.)