color:redHtml> 09RS HB392
LRC Seal



WWW Version

The hyperlink to a bill draft that precedes a summary contains the most recent version (Introduced/GA/Enacted) of the bill. If the session has ended, the hyperlink contains the latest version of the bill at the time of sine die adjournment. Note that the summary pertains to the bill as introduced, which is often different from the most recent version.

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 392 (BR 1700) - S. Overly

     AN ACT relating to misclassification of employees in the construction industry.
     Create new sections of KRS Chapter 337 to prohibit misclassification of employees in the construction industry; define contractor, construction. and other terms; presume employee status unless certain factors are met; establish factors for determining independent contractor; require Office of Workplace Standards to administer; require posting of requirements and retention of records for 3 years; provide administrative or civil remedy; amend KRS 337.990 to impose penalties of $1,000 to $5,000 for violations; amend KRS 45A.485 to require debarment for 2 years from state contracts for repeat violations.


     HFA (1, B. Farmer) - Amend to include persons with state contracts in definition of contractor.

     HFA (2/Title, B. Farmer) - Make title amendment.

     HFA (3, S. Brinkman) - Require employers to prohibit the misclassification of all types employees.

     Feb 10-introduced in House
     Feb 11-to Labor & Industry (H); posting waived
     Feb 26-reported favorably, 1st reading, to Calendar
     Feb 27-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, March 2, 2009
     Mar 2-floor amendments (1) and (2-title) filed
     Mar 3-floor amendment (3) filed ; 3rd reading, passed 74-26
     Mar 4-received in Senate
     Mar 6-to Licensing, Occupations & Administrative Regulations (S)

Vote History
Legislature Home Page | Record Front Page