08RS HB654
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HB654

08RS

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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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