08RS HB654

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Includes opposite chamber sponsors where requested by primary sponsors of substantially similar bills in both chambers and jointly approved by the Committee on Committees of both chambers. Opposite chamber sponsors are represented in italics.

HB 654 (BR 1742) - G. Stumbo, M. Marzian, J. Glenn, C. Hoffman, J. Jenkins, B. Yonts

AN ACT relating to misclassification of employees.
Create new sections of KRS Chapter 337 to prohibit misclassification of employees as independent contractors; define contractor engaged in construction; set out factors for determining independent contractor; require Office of Workplace Standards to enforce provisions; require contractor to retain records for 3 years and to post requirements of Act at worksite; prohibit retaliation against a person who reports violations; provide an administrative remedy and civil action remedy for persons aggrieved by violations; require office to share misclassification determinations with other agencies; provide a $1,000 penalty for the first violation, and $2,500 for subsequent violations; require that repeat violators will be posted on the Internet Web site of the Office of Workplace Standards; and provide that contractors that have 2 or more violations in a 5 year period shall be disqualified from state contracts for 4 years following the latest violation.

HB 654 - AMENDMENTS

HCS - Retain original provisions, make technical clarifications, provide penalty for retaliation, and reduce period of disqualification from state contract awards to two 2 years.

HFA (1, G. Stumbo) - Retain original provisions, except amend to clarify the specific requirements for independent contractors in the construction industry, and the statute of limitations for filing a complaint or civil action for employee misclassification violations.

     Feb 27-introduced in House
     Feb 28-to Labor & Industry (H)
     Mar 4-posted in committee
     Mar 6-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 7-2nd reading, to Rules
     Mar 10-posted for passage in the Regular Orders of the Day for Tuesday, March 11, 2008
     Mar 12-floor amendment (1) filed to Committee Substitute
     Mar 13-3rd reading, passed 89-7 with Committee Substitute, floor amendment (1)
     Mar 14-received in Senate
     Mar 18-to Economic Development, Tourism & Labor (S)
     Mar 24-taken from committee Economic Development, Tourism & Labor (S); 1st reading; returned to Economic Development, Tourism & Labor (S)
     Apr 1-reassigned to Licensing, Occupations and Administrative Regulations (S)

Vote History

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