SB 81 (BR 1000) - J. Schickel
AN ACT relating to employee misclassification.
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.
SB 81 - AMENDMENTS
SFA (1, J. Schickel) - 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.
HCS - 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.
Jan 15-introduced in Senate
Jan 17-to Economic Development, Tourism & Labor (S)
Feb 13-reported favorably, 1st reading, to Calendar
Feb 14-2nd reading, to Rules
Feb 24-posted for passage in the Regular Orders of the Day for Tuesday, February 25, 2014
Feb 25-passed over and retained in the Orders of the Day; floor amendment (1) filed
Feb 26-passed over and retained in the Orders of the Day
Feb 27-passed over and retained in the Orders of the Day
Feb 28-passed over and retained in the Orders of the Day
Mar 4-3rd reading, passed 24-14 with floor amendment (1) ; received in House
Mar 5-to Labor & Industry (H)
Mar 7-posted in committee
Mar 20-taken from Labor & Industry (H); 1st reading; returned to Labor & Industry (H)
Mar 24-taken from Labor & Industry (H); 2nd reading; returned to Labor & Industry (H)
Mar 26-reported favorably, to Rules with Committee Substitute ; taken from Rules; placed in the Orders of the Day
Mar 27-3rd reading, passed 74-22 with Committee Substitute ; received in Senate