Kentucky Revised Statutes

Ky. Rev. Stat. § 61.990 (2026)

Penalties

✓ current as of May 2026
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(1) Any person who exercises any of the functions of a nonelective peace officer or deputy peace officer in violation of the provisions of KRS 61.300 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisoned in the county jail for not more than six (6) months, or both. (2) Any person who violates any of the provisions of KRS 61.360 shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) or be imprisoned not less than ten (10) days nor more than sixty (60) days, or both. (3) Any person who willfully violates the provisions of KRS 61.102(1) shall be guilty of a Class A misdemeanor. (4) A court, in rendering a judgment in an action filed under KRS 61.102 and 61.103, shall order, as it considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, exemplary or punitive damages, or any combination thereof. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney fees and witness fees. History: Amended 1986 Ky. Acts ch. 301, sec. 4, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 43, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 24, sec. 1(2), effective July 15, 1980; and ch. 188, sec. 22, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 383, sec. 2, effective June 17, 1978. -- Created 1960 Ky. Acts ch. 181, sec. 10. Legislative Research Commission Note. KRS 61.990(2) was formerly a part of KRS 61.300 as amended by Acts 1980, ch. 24, § 1, and was renumbered by the Reviser of Statutes in 1980.

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 2000–2024 · leading case: Cabinet for Families & Child. v. Cummings, 163 S.W.3d 425 (Ky. 2005).
Cabinet for Families & Child. v. Cummings, 163 S.W.3d 425 (Ky. 2005). · cites it 6× “*435 KRS 61.990. (3) Any person who willfully violates the provisions of KRS 61.”
Commonwealth Dep't of Agric. v. Vinson, 30 S.W.3d 162 (Ky. 2000). · cites it 6× “KRS 61.990(4) states that the Court "shall order, as it considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, exemplary or punitive damages, or any combination thereof.”
Harris v. Camp Taylor Fire Prot. Dist., 303 S.W.3d 479 (Ky. Ct. App. 2009). · cites it 7× “We hold that the trial court did not retain jurisdiction to award costs or attorney’s fees under KRS 61.990(4). The order of the Jefferson Circuit Court is affirmed.”
Univ. of Louisville v. Harper, 576 S.W.3d 595 (Ky. Ct. App. 2019). · cites it 6× “KRS 61.990(4) states: A court, in rendering a judgment in an action filed under KRS 61.”
Consol. Infrastructure Mgmt. Auth., Inc. v. Allen, 269 S.W.3d 852 (Ky. 2008). “CIMA next contends that Allen failed to establish that he engaged in activity protected by the Whistleblower Act, and that a directed verdict should have been granted.”
Daisy Olivo v. Legislative Rsch. Comm'n (Ky. Ct. App. 2022). · cites it 3× “KRS 61.990, which includes provisions for penalties for violation of KRS 61.”
Timothy Williams v. Cabinet for Health & Fam. Servs. (Ky. Ct. App. 2024). · cites it 2× “” KRS 61.990(3). The maximum fine for a Class A misdemeanor is $500.”
Cottrell v. Greenwell (W.D. Ky. 2022). · cites it 2× “KRS § 61.990(4). The Kentucky Wage and Hour Act, provides, in relevant part: Except as provided in subsection (3) of this section, any employer who pays any employee less than wages and overtime compensation to which such employee is entitled under or by virtue of KRS 337.”
Paul Miller Ford, Inc. v. Barry T. Smith (Ky. Ct. App. 2024). “797(2); KRS 61.990(4); KRS 350.250(2). The General Assembly did not choose to use such expansive language in the KCPA.”
Butrum v. Louisville Metro. Gov't (W.D. Ky. 2020). “For that reason, any claim for punitive damages against Louisville Metro is dismissed apart from Butrum’s whistleblower claim.”
— Ky. Rev. Stat. § 61.990(3) — 3 cases
Cabinet for Families & Child. v. Cummings, 163 S.W.3d 425 (Ky. 2005). “*435 KRS 61.990. (3) Any person who willfully violates the provisions of KRS 61.”
Daisy Olivo v. Legislative Rsch. Comm'n (Ky. Ct. App. 2022). “KRS 61.990, which includes provisions for penalties for violation of KRS 61.”
Timothy Williams v. Cabinet for Health & Fam. Servs. (Ky. Ct. App. 2024). “” KRS 61.990(3). The maximum fine for a Class A misdemeanor is $500.”
— Ky. Rev. Stat. § 61.990(4) — 10 cases
Commonwealth Dep't of Agric. v. Vinson, 30 S.W.3d 162 (Ky. 2000). “KRS 61.990(4) states that the Court "shall order, as it considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, exemplary or punitive damages, or any combination thereof.”
Harris v. Camp Taylor Fire Prot. Dist., 303 S.W.3d 479 (Ky. Ct. App. 2009). “We hold that the trial court did not retain jurisdiction to award costs or attorney’s fees under KRS 61.990(4). The order of the Jefferson Circuit Court is affirmed.”
Cabinet for Families & Child. v. Cummings, 163 S.W.3d 425 (Ky. 2005). “*435 KRS 61.990. (3) Any person who willfully violates the provisions of KRS 61.”
Univ. of Louisville v. Harper, 576 S.W.3d 595 (Ky. Ct. App. 2019). “KRS 61.990(4) states: A court, in rendering a judgment in an action filed under KRS 61.”
Consol. Infrastructure Mgmt. Auth., Inc. v. Allen, 269 S.W.3d 852 (Ky. 2008). “CIMA next contends that Allen failed to establish that he engaged in activity protected by the Whistleblower Act, and that a directed verdict should have been granted.”
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