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Senate Bill 81

Actions | Amendments

Last Action	received in Senate
Title	AN ACT relating to employee misclassification.
Bill Documents	Bill
Bill Request Number	1000
Sponsor	J. Schickel
Summary of Original Version	Amend KRS 336.010 to define "contractor," "person," "prime contractor," "secretary," and 'subcontractor"; amend KRS 336.040 to require the Labor Cabinet to be the determining authority in issues related to employee misclassification; create a new section of KRS Chapter 336 to establish criteria for determining whether a person is an independent contractor, exempting a prime contractor for a subcontractor's misclassification of an employee, and exempting independent contractors from certain benefits; amend KRS 336.050 to require the secretary to develop a training program on classification of employees; amend KRS 336.990 to establish a penalty for misclassification of employees; amend KRS 342.640 to delete provisions relating to newspaper delivery persons.
Index Headings of Original Version	Labor and Industry - Employee misclassification, responsibility for determining Occupations and Professions - Employee misclassification, responsibility for determining Personnel and Employment - Employee misclassification, responsibility for determining Small Business - Employee misclassification, responsibility for determining Unemployment Compensation - Employee misclassification, implications for eligibility Wages and Hours - Employee misclassification, affect upon Workers' Compensation - Employee misclassification, implications for eligibility
Proposed Amendments	Senate Floor Amendment 1 House Committee Substitute 1
Votes	Vote History

Actions

Top | Amendments

01/15/14	introduced in Senate
01/17/14	to Economic Development, Tourism & Labor (S)
02/13/14	reported favorably, 1st reading, to Calendar
02/14/14	2nd reading, to Rules
02/24/14	posted for passage in the Regular Orders of the Day for Tuesday, February 25, 2014
02/25/14	passed over and retained in the Orders of the Day floor amendment (1) filed
02/26/14	passed over and retained in the Orders of the Day
02/27/14	passed over and retained in the Orders of the Day
02/28/14	passed over and retained in the Orders of the Day
03/04/14	3rd reading, passed 24-14 with floor amendment (1) received in House
03/05/14	to Labor & Industry (H)
03/07/14	posted in committee
03/20/14	taken from Labor & Industry (H) 1st reading returned to Labor & Industry (H)
03/24/14	taken from Labor & Industry (H) 2nd reading returned to Labor & Industry (H)
03/26/14	reported favorably, to Rules with Committee Substitute taken from Rules placed in the Orders of the Day
03/27/14	3rd reading, passed 74-22 with Committee Substitute received in Senate

Proposed Amendments

Top | Actions

Amendment	Senate Floor Amendment 1
Sponsor	J. Schickel
Summary	Retain original provisions; amend criteria to determine an independent contractor to include that the person is engaged in a distinct occupation or business and that the person supplies the instrumentalities, tools, and skills required to perform the work contracted for.
Index Headings	Labor and Industry - Employee misclassification, responsibility for determining Occupations and Professions - Employee misclassification, responsibility for determining Personnel and Employment - Employee misclassification, responsibility for determining Small Business - Employee misclassification, responsibility for determining Unemployment Compensation - Employee misclassification, implications for eligibility Wages and Hours - Employee misclassification, affect upon Workers' Compensation - Employee misclassification, implications for eligibility

Amendment	House Committee Substitute 1
Summary	Create new sections in KRS Chapters 131, 336, and 342 and amend KRS 131.020 and 151B.280 to require the Education and Workforce Development Cabinet, Department of Revenue, Department of Workers' Claims, and Department of Workplace Standards to create and execute information sharing agreements related to employee misclassification; create a reporting requirement for all the agencies to annually report data on employee misclassification to the Interim Joint Committees on Appropriations and Revenue and Labor and Industry.
Index Headings	Labor and Industry - Employee misclassification, responsibility for determining Occupations and Professions - Employee misclassification, responsibility for determining Personnel and Employment - Employee misclassification, responsibility for determining Small Business - Employee misclassification, responsibility for determining Unemployment Compensation - Employee misclassification, implications for eligibility Wages and Hours - Employee misclassification, affect upon Workers' Compensation - Employee misclassification, implications for eligibility

Last updated: 8/27/2019 6:52 PM (EDT)