06RS HB686


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HB 686 (BR 2289) - R. Nelson

     AN ACT relating to wrongful discharge.
     Create new sections of KRS Chapter 336 to prohibit an employer with 25,000 employees or more from terminating an employee without good cause; define "employee," "employer," "good cause," and "termination"; require the commissioner to establish arbitration hearing procedures consistent with those utilized during labor disputes; provide that 90 days after an employee has been terminated he or she may file a request with the commissioner for arbitration; permit an employer to file a complaint and request arbitration, but require employer to notify the terminated employee 10 days before filing the complaint; provide 10 days for arbitrator to write a decision after arbitration; provide that award may include reinstatement to same or comparable position of employment, full or partial back pay including lost fringe benefits, or a lump sum severance payment not to exceed 36 months, and attorney's fees and cost; provide that after an award that either party to an arbitration has 90 days to seek vacation, modification, or enforcement in the court of jurisdiction; provide that an employer, on January 1, 2007 and annually thereafter, shall submit to the commissioner the number of employees in Kentucky; assess a $250 civil penalty for each day that the report is not made; require an employer of 25,000 or more to post notice informing employees of the right to arbitration in event of termination; amend KRS 336.990 to assess a civil penalty of not less than $1,000 and not more than $10,000 to an employer who violates the provisions of posting; require the commissioner to promulgate administrative regulations to carry out the provisions of the bill.

     Feb 24-introduced in House
     Feb 27-to Labor and Industry (H)

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