Kentucky

 


As used in KRS 336.010 to 336.160, unless the context requires otherwise: (1) Commissioner means commissioner of the Department of Workplace Standards under the direction and supervision...


(1) The secretary of labor shall have the duties, responsibilities, power, and authority relating to labor, wages and hours, occupational safety and health of employees, child...


(1) The Department of Workplace Standards shall be headed by a commissioner and shall be divided for administrative purposes into the Divisions of Employment Standards, Apprenticeship...


The commissioner, with the approval of the Governor, shall appoint necessary deputies, attorneys, statisticians, inspectors and other employees and fix their salaries according to law....


(1) The Labor Cabinet shall exercise all administrative functions of the state concerned with employer-employee relationships, including the safety of workers and workers' compensation. (2)...


The commissioner in person or by representative shall: (1) Investigate and ascertain the wages of all employees employed in this state. (2) Enter the place of business or employment of...


(1) In the conduct of an investigation or hearing, the commissioner or any authorized deputy may issue subpoenas to compel the attendance of witnesses and parties and the production of...


The department shall make investigations, collect and compile statistics and report on the conditions of industries, labor and unemployment, and upon all matters relating to...


The commissioner may have inspected any place of employment affected by or subject to any law of this state relating to the employment of labor, except places of employment within the...


(1) The department shall be furnished with a copy of all the laws and rulings of the secretary for health services affecting sanitary conditions in places of employment, not covered by the...


Within one (1) month after any employer begins to occupy a factory, workshop, mill or other place of employment he shall notify the department, in writing, of such occupancy. If the employer is...


No person shall refuse or attempt to prevent the admission of any inspector of the department to any place which he is required by law to inspect, at any reasonable hour, or during the...


The commissioner, with the approval of the Governor, may enter into cooperative agreements with appropriate agencies of the federal government, whereby Acts of Congress and regulations issued...


(1) Employees may, free from restraint or coercion by the employers or their agents, associate collectively for self-organization and designate collectively representatives of their own...


(1) It shall be the duty of the secretary, in order to prevent or minimize interruptions growing out of labor disputes, to assist parties to labor disputes to settle such disputes...


In order to prevent or minimize interruptions growing out of labor disputes, employees and employers and their representatives, shall: (1) Exert every reasonable effort to make and...


Any person acting as a mediator in a labor dispute pursuant to the provisions of this chapter, who receives information as a mediator relating to the labor dispute, shall not reveal...


(1) Any individual, partnership, association or corporation who represents, advises or acts as consultant or spokesman for any party to labor/management negotiations or arbitration conducted...


The secretary shall present biennial reports to the General Assembly giving statistical data relating to employment and unemployment in the state such as the hours and wages of employees, cost...


(1) There is hereby created the Commonwealth of Kentucky Labor-Management Advisory Council which shall consist of eighteen (18) members. One (1) member of the council shall be the secretary...


(1) The council shall function as an advisory agent of state government and provide leadership and assistance for labor and management in this state, and shall serve to effect...


The Office of Labor-Management Relations and Mediation shall, subject to appropriation from the General Assembly or funds made available to the office from any other public or private...


(1) It shall be unlawful for any national or international labor organization having one hundred (100) or more members in good standing who reside or work in Kentucky not to have at all times...


As used in KRS 336.190 and 336.200, unless the context requires otherwise, the term labor organization means any organization of any kind, or any agency or employee representation committee...


It shall be unlawful for any carrier or shipper of property, or any association of such carriers or shippers, to agree to pay or to pay, to or for the benefit of a labor organization, directly...


It shall be unlawful for any labor organization to accept or receive or to agree to accept or receive from any carrier or shipper of property, or any association of such carriers or shippers,...


(1) If a plan or custom exists in any industry under which the employees contribute to the payment of any physician or surgeon for furnishing treatment, by deductions from their wages through...


(1) It shall be unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records required by...

(1) The commissioner, or any person authorized to act in his behalf, shall initiate enforcement of civil penalties imposed in KRS Chapters 336, 337, and 339. (2) Any civil penalty imposed...


(1) Upon proof that any person employed by the Labor Cabinet as a labor inspector has taken any part in any strike, lockout or similar labor dispute, he shall forfeit his office. (2) The...


As used in KRS 336.1662 to 336.1664 unless the context clearly requires otherwise: (1) Arbitrator means a neutral individual to whom the parties involved in a labor dispute submit...


(1) The secretary shall: (a) Maintain a roster of qualified arbitrators from which arbitrators provided pursuant to this section shall be selected; (b) Refer or provide without charge,...


(1) Persons listed on the roster: (a) Shall comply with the rules and regulations promulgated by the secretary pertaining to arbitration and ethical standards and procedures; and (b) Who...


The secretary shall in accordance with KRS Chapter 13A promulgate such rules and regulations as he deems necessary to effectuate the purposes of KRS 336.1662 and 336.1663. ...


(1) As used in this chapter, unless the context requires otherwise: (a) Commissioner means commissioner of the Department of Workplace Standards under the direction and supervision of...

The General Assembly finds that occupational accidents and diseases produce personal injuries and illness including loss of life as well as economic loss. Therefore, the General Assembly...


As used in this chapter: (1) Employer shall mean any entity for whom a person is employed except those employers excluded in KRS 338.021. (2) Employee shall mean any person...


(1) This chapter applies to all employers, employees, and places of employment throughout the Commonwealth except the following: (a) Employees of the United States government. (b)...


(1) Each employer: (a) Shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death...


(1) There is hereby created in the Department of Workplace Standards a Program for Occupational Safety and Health. This program shall consist of a Division of Occupational Safety and...


Effective July 1, 1994, the Kentucky Occupational Safety and Health Program shall be expanded by sixteen (16) employees. These additional staff shall assist employers in their efforts to...


(1) There is hereby established the Kentucky Occupational Safety and Health Standards Board consisting of the commissioner and twelve (12) members equally representing industry, labor,...


(1) Occupational safety and health standards may be adopted, modified, or repealed by the board as it shall deem necessary. (2) Established federal standards and national consensus standards...


(1) There is hereby established the Kentucky Occupational Safety and Health Review Commission consisting of three (3) members appointed by the Governor on the basis of their experience...


(1) Hearings authorized by the provisions of this chapter may be conducted by a hearing officer appointed by the review commission to serve in its place. Said hearing officer may be a...


(1) Any party adversely affected or aggrieved by a final order of the review commission may appeal within thirty (30) days to the Franklin Circuit Court on the record for a review of such...


(1) In order to carry out the purposes of this chapter, the commissioner, or his authorized representative shall have the authority: (a) To enter without delay and advance notice any place...


A representative of the employer and a representative authorized by the employees shall be given an opportunity to accompany the representative of the commissioner during the physical...


(1) Any employee, or representative of employees, who believes that a violation of an occupational safety and health standard exists that threatens physical harm, or that an imminent...


(1) Whenever an authorized representative of the commissioner determines that conditions in any place of employment are of an imminent danger which reasonably could be expected to cause death...


(1) If in the discretion of the commissioner it is believed that a place of employment, equipment, or practice is substantially dangerous to employees, or other persons, then the commissioner...


(1) If upon inspection an authorized representative of the commissioner finds that an employer has violated any requirement of this chapter, a citation shall be issued to the employer....


(1) Any affected employer may apply to the commissioner of workplace standards for a rule or order for a variance from a standard promulgated under this chapter. Affected employees shall be...


(1) The Department of Workplace Standards shall develop and maintain a program of collection, compilation, and analysis of occupational safety and health statistics. Each employer shall make,...


All information obtained by the commissioner in connection with any inspection or proceeding under this chapter which might reveal a trade secret shall be considered confidential except that...


The Kentucky Department of Workplace Standards is empowered to administer the provisions of this chapter to employers, employees, and places of employment under the jurisdiction of the...


It shall be the duty of the Attorney General, upon request of the commissioner, to bring all necessary civil or criminal actions for violations of the provisions of this chapter and to...


In any personal injury or property damage lawsuit arising from the cleanup of asbestos, the demonstration that acts or omissions of a party to the lawsuit during the party's involvement in...

(1) A lien may be placed on all property, both real and personal, of an employer who has violated any requirement of this chapter, if the citation issued by the commissioner has been upheld by...
 

(1) Any employer who willfully or repeatedly violates the requirement of any section of this chapter, including any standard, regulation, or order promulgated pursuant to this chapter, may...


As used in this chapter, commissioner shall mean the commissioner of the Department of Workplace Standards, under the direction and supervision of the secretary of the Labor Cabinet. ...


As used in KRS 339.220 to 339.450 gainful occupation does not include employment in farm work or in domestic service in a private home, nor occasional employment by a householder in...


No minor under fourteen (14) years of age shall be employed, permitted or suffered to work in, about or in connection with any gainful occupation at any time, except for employment in...


(1) The provisions of KRS 339.220 to the contrary notwithstanding, minors age eleven (11) years and over may be employed as caddies at golf courses subject to the following provisions: (a)...


A minor who has passed his fourteenth birthday but is under eighteen (18) years of age may be employed, permitted, or suffered to work in, about, or in connection with any gainful...


No person shall furnish or sell to any minor any article of any description with the knowledge that the minor intends to sell said article in violation of KRS 339.210 to 339.450. No person...


No minor under eighteen (18) years of age shall be permitted to work for more than five (5) hours continuously without an interval of at least thirty (30) minutes for a lunch period, and no...


Upon request, it shall be the duty of the local board of education through its superintendent or other authorized agent to issue to any minor under the age of eighteen (18) years desiring to...


A certificate of age duly issued shall be conclusive evidence of the age of the minor for whom issued in any proceeding involving the employment of the minor under the child labor or...


Every person employing minors under eighteen (18) years of age shall keep a separate register containing the names, ages, and addresses of such employees, and the time of commencing and...


Nothing in KRS 339.210 to 339.450 shall prevent the use of suitable machinery for instruction in schools where the mechanical arts are taught in connection with and as part of the usual...


(1) It shall be the duty of the Department of Workplace Standards and of the inspectors and agents of said department, with the assistance of the school directors of pupil personnel,...


Anyone who employs or permits or suffers any minor to be employed or to work in violation of KRS 339.210 to 339.450, or of any order or ruling issued under the provisions thereof, or obstructs...


As used in this chapter, unless the context clearly requires otherwise: (1) Cabinet means the Cabinet for Workforce Development. (2) Secretary means the secretary for...


As used in this chapter, unless the context clearly requires otherwise: (1) Fund means the unemployment insurance fund established by KRS 341.490, to which all contributions, and from...


(1) As used in this chapter, unless the context clearly requires otherwise, and except as provided in subsections (2) to (7) of this section, wages means all remuneration for services,...


As used in this chapter, unless the context clearly requires otherwise: (1) Reserve account means a separate book account maintained by the cabinet for each subject contributing...


(1) As used in this chapter, unless the context clearly requires otherwise and subject to the provisions of KRS 341.055, covered employment means service, including service in...


(1) As used in this chapter, unless the context clearly requires otherwise, employing unit means any individual or type of organization, including any partnership, association, society,...


As used in this chapter, unless the context clearly requires otherwise: (1) Hospital means an institution which has been licensed, certified, or approved by the secretary for health...


For the purpose of this chapter, a governmental entity is: (1) The state government of the Commonwealth of Kentucky and its instrumentalities or a governmental unit thereof as provided for...


As used in this chapter, unless the context clearly requires otherwise, subject employer means: (1) Any employing unit which in any calendar quarter in either the current or...


As used in this chapter, unless the context clearly requires otherwise: (1) Except in so far as the Cabinet for Workforce Development by regulation prescribes the equivalent thereof to...


As used in this chapter, unless the context clearly requires otherwise: (1) Base period means the first four (4) of the last five (5) completed calendar quarters immediately preceding...


(1) For the purpose of this chapter, previously uncovered wages means wages paid to a worker during his base-period for service performed prior to January 1, 1978, which is defined in...


As used in this chapter, unless the context clearly requires otherwise: (1) Extended benefit period means a period which: (a) Begins with the third week after a week for which there...


As used in this chapter, unless the context clearly requires otherwise: (1) Rate of insured unemployment means the percentage derived by dividing: (a) The average weekly number...


As used in this chapter, unless the context clearly requires otherwise: (1) Rate of insured unemployment means the percentage derived by dividing: (a) The average weekly number...


(1) In determining for any purpose under this chapter whether or not any work is suitable for a worker the secretary shall consider, among other pertinent conditions, the degree of risk...


(1) In the Cabinet for Workforce Development there shall be an Unemployment Insurance Commission composed of the secretary or his duly authorized representative, as ex officio chairman and two...


(1) The secretary shall have the power and authority to adopt, amend, or rescind such rules and regulations as he deems necessary or suitable for the proper administration of this chapter....


It shall be the responsibility of the secretary to annually update and maintain the unemployment insurance mercer computerized model and to make this model available to the Legislative...


(1) It shall be the duty of the secretary to administer this chapter; and he shall have power and authority to make such expenditures, require such reports, make such investigations, and take...


(1) The secretary may enter into arrangements with the appropriate agencies of other states or of the federal government, or both, for the purpose of assisting the secretary and such agencies...


The secretary shall cause to be printed for distribution to the public the text of this chapter, the secretary's regulations and general rules, his annual report to the Governor, and any...


Upon direction of the Governor, the secretary with the advice and aid of the advisory councils, shall take all appropriate steps to reduce and prevent unemployment; encourage and assist in...


(1) Each employing unit shall keep true and accurate work records of all workers employed by it, of the wages paid by it to each worker, and such other information as the secretary for...


(1) In the discharge of the duties imposed by this chapter members of the commission, the secretary or any duly authorized representative thereof, may administer oaths and affirmations,...


No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda or other records before the commission or any member thereof, or the...


(1) In the administration of this chapter, the secretary shall: (a) To the fullest extent consistent with the provisions of this chapter, cooperate with the federal Department of Labor;...


The secretary may authorize the destruction of such original reports and records as have been properly recorded and summarized in the permanent records of the Cabinet for Workforce Development...


(1) There is hereby created in the State Treasury a special fund to be known as the unemployment compensation administration fund. All money deposited or paid into this fund is hereby...


(1) There is created within the State Treasury a special fund known as the service capacity upgrade fund that shall be administered separate and apart from all public money or funds of the...


Subject to the provisions of KRS 56.440 to 56.550, inclusive, the secretary is authorized and empowered to use all or any part of the funds accumulated under the provisions of KRS 341.295 for...

 


(1) Any employing unit that becomes subject to this chapter within any calendar year shall be considered a subject employer during the whole of that calendar year, except as specifically...


(1) Contributions shall accrue and become payable by each subject employer for each calendar year in which he is subject to this chapter. Such contributions shall be based upon wages paid...


(1) Any employing unit failing to make and file reports required under this chapter on or before the due date of such reports shall be subject, in addition to any other penalty provisions in...


If any employer fails to file reports when due, or files an incorrect or insufficient report, the secretary may, after an investigation, determine such employer's liability and assess...


(1) Any employing unit refusing to make reports required under this chapter within ten (10) days after written notice sent by the cabinet to such employing unit's last known address by...


(1) Except as otherwise provided in this section, each employer's contribution rate shall be three percent (3%). Effective for employers who become subject to this chapter on or after January...


(1) Notwithstanding any section of this chapter to the contrary, on or after July 15, 1984, any new domestic corporation, or any foreign corporation authorized to do business in this state, or...


(1) For the purpose of this section, a nonprofit organization is an organization (or group of organizations) described in Section 501(c)(3) of the United States Internal Revenue Code which...


(1) Any governmental entity which, pursuant to KRS 341.070(3), is or becomes a subject employer shall pay contributions under the provisions of KRS 341.270, unless it elects, in accordance...


(1) Each nonprofit organization that has elected to make payments in lieu of contributions under KRS 341.275 shall pay to the cabinet for the fund the amount of regular benefits plus the amount...


The amount payable to meet the Commonwealth's obligation as an employer under this chapter shall be paid from the general fund of the state or such other administrative funds as might properly...


(1) All fines, penalties and interest on delinquent contributions collected under KRS 341.300 shall be credited to the unemployment compensation administration fund to be used for the payment...


Such money in the unemployment compensation administration fund collected under KRS 341.295, shall be invested by the State Treasurer in bonds and other interest-bearing obligations of the...


(1) Contributions unpaid on the date on which they are due and payable, as prescribed by the secretary, shall be subject to interest at the rate of one and five-tenths percent (1.5%) per month...


(1) If any check tendered to the cabinet in payment of any contribution or penalty due under this chapter or as restitution for the overpayment of benefits is not paid when presented to the...


Any employing unit which is not a resident of this state and which exercises the privilege of having one or more individuals perform service for it within this state, and any resident...


(1) A lien on a parity with state, county, and municipal ad valorem tax liens, and superior to the lien of any mortgage or other encumbrance heretofore or hereafter created is hereby created...


A lien of the same nature and upon the same property and having the same force, effect and priorities as that created by KRS 376.010 and 376.140 in favor of persons performing labor is...


(1) Before any contract, exceeding two thousand dollars ($ 2,000) in amount, is awarded to any person for the construction, alteration, or repair of any public building or public work of...


(1) Not later than five (5) years after the date on which any contributions, interest, or penalties were paid, an employing unit which has paid such contributions, interest, or penalties may...

An unemployed worker shall, except as provided in KRS 341.360 and 341.370, be eligible for benefits with respect to any week of unemployment only if: (1) He has made a claim for benefits;...


No worker may be paid benefits for any week of unemployment: (1) With respect to which a strike or other bona fide labor dispute which caused him to leave or lose his employment is in...


(1) A worker shall be disqualified from receiving benefits for the duration of any period of unemployment with respect to which: (a) He has failed without good cause either to apply...


(1) All benefits shall be paid through employment offices, or such other agencies as may be designated by regulations of the secretary. Claims for all payments of benefits shall be made...


There shall be deducted from the benefit rate determined for a worker in accordance with subsection (2) of KRS 341.380: (1) Eighty percent (80%), adjusted to the nearest multiple of one...


(1) A worker filing a new claim for unemployment benefits shall, at the time of filing such claim, disclose whether or not he owes child support obligations as defined under this section. If...



(1) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, be advised that: (a) Unemployment compensation is subject to federal and state...


Each subject employer shall post and maintain in places readily accessible to his workers printed statements concerning such regulations or such matters as the secretary prescribes. Each...


The commissioner acting through his duly authorized representatives shall, upon request, determine the insured status of a worker. If a worker is found to have fully insured status, as defined...


(1) Any person who has received any sum as benefits under this chapter or any other state's unemployment insurance statutes or any United States Department of Labor unemployment insurance...



(1) The secretary shall appoint one (1) or more impartial referees according to KRS 341.125 to hear and decide appealed claims. (2) A party to a determination may file an appeal to a referee as...


(1) The commission may on its own motion affirm, modify, or set aside any decision of a referee on the basis of the evidence previously submitted in such case, or direct the taking of...


(1) The manner in which appeals are presented and hearings and appeals conducted shall be in accordance with regulations prescribed by the secretary for determining the rights of the parties,...


(1) Except as provided in KRS 341.460, within twenty (20) days after the date of the decision of the commission, any party aggrieved thereby may, after exhausting his remedies before...


(1) In all cases of appeals arising under subsection (1) of KRS 341.360 or subsection (2) of KRS 341.430 court review may be had as provided in KRS 341.450 except that review shall be had to...


(1) No agreement by a worker to waive, release, or commute his rights to benefits or any other rights under this chapter shall be valid. No agreement by any worker to pay any portion of a...

(1) There shall be a special fund known as the unemployment insurance fund which shall be administered separate and apart from all public money or funds of this state. This fund shall consist of:...


(1) The State Treasurer shall be the treasurer and custodian of the fund. He shall administer the fund in accordance with the direction of the secretary and shall pay all vouchers approved by...


(1) Except as provided in subsection (2) of this section and except the money as has been credited to the account of this state in the unemployment trust fund under the provisions of Section...


KRS 341.490, 341.500 and 341.510, to the extent that they relate to the unemployment trust fund, shall be operative only so long as that fund continues to exist and so long as the secretary of...


(1) The department shall maintain a reserve account for each subject employer making contributions to the fund and a reimbursing employer account for each subject employer making payment in...


(1) Any employing unit which succeeds to or acquires the organization, trade, or business of a subject employer shall assume the resources and liabilities of the predecessor's reserve...


(1) The cabinet shall maintain a pooled account for contributing employers to which shall be credited: (a) Payments received from the federal government under the provisions of...


(1) In any civil action to enforce the provisions of this chapter or in which the commission or the cabinet is an interested party, the commission or the cabinet may be represented by...


Benefits shall be considered due and payable under this chapter only to the extent provided in this chapter and to the extent that money is available therefor to the credit of the...


If the federal government does not, for any fiscal year, make the certification for payment to this state of funds for the assistance of this state in the administration of this chapter...


The Governor is hereby authorized to apply for advances to the credit of this state's account in the unemployment trust fund from the federal unemployment account in such fund as provided for...


(1) The secretary, the cabinet, the commission, its personnel, or organization and funds shall constitute a continuation of the analogous provisions of the previous unemployment compensation...


Kentucky hereby obligates itself for the replacement, within a reasonable time, of any moneys received pursuant to Title III of the Social Security Act which, because of any action or...


(1) Any interest required to be paid on advances under Title XII of the Social Security Act shall be paid in a timely manner and shall not be paid directly or indirectly (by an...


(1) There is created within the State Treasury a special fund for unemployment insurance known as the interest payment fund which shall be administered separate and apart from all public money...


All moneys received pursuant to Title III of the Social Security Act, as amended, shall be expended solely for the purposes and in the amounts found necessary by the Federal Bureau of...


None of the funds, accounts or moneys administered, established, or maintained under this chapter shall be credited or otherwise transferred to the general expenditure fund or any other fund...


Except when the result would be inconsistent with KRS 341.094, 341.096 and 341.710 to 341.740, as provided in the regulations of the secretary, the provisions of this chapter which apply to...


(1) A worker shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the secretary finds that with respect to such week: (a)...


(1) No work shall be deemed to be suitable work for a worker making a claim for extended benefits, nor a disqualification imposed for refusal thereof, which does not accord with the labor...


The weekly extended benefit rate payable to a worker for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit rate payable to him during...


The total extended benefit amount payable to any eligible worker with respect to his applicable benefit year shall be the least of the following amounts: (1) Fifty percent (50%) of the...


Notwithstanding any state statute to the contrary and to the extent permitted by federal law, for any week during a period in which federal payments to states under Section 204 of...


Whenever an extended benefit period is to become effective in this state as a result of a state on indicator, or an extended benefit period is to be terminated in this state as a result of...



(1) In addition to any other remedy provided by the laws of the Commonwealth, if any subject employer assessed or determined liable for the payment of contributions, including penalties...


(1) Levy may be made with respect to any unpaid contributions including penalties and interest only after the cabinet has given notice and demand to the subject employer in writing of...


(1) Any person in possession of or obligated with respect to property or rights to property subject to levy upon which a levy has been made shall, upon demand of the secretary or his...


(1) Any employer whose property has been levied upon shall have the right to pay the amount due, together with the expense of the proceeding, to the secretary or his delegate at any time prior...


(1) It shall be lawful for the secretary or his delegate, under administrative regulations prescribed by the secretary, to release all or part of the property or rights to property levied...


(1) If a levy has been made or is about to be made on any property or right to property, any person having custody or control of any books or records containing evidence or statements relating...


(1) When the cabinet reasonably believes that any employer has divested himself by gift, conveyance, assignment, transfer of, or charge upon any property, whether real, personal, tangible...


All fines, penalties and interest on delinquent contributions collected under KRS 341.800 to 341.830 shall be credited to the unemployment compensation administration fund to be used for...



(1) In enacting this chapter, it is the intention of the General Assembly to comply with the requirements of the Federal Unemployment Tax Act and all subsequent amendments including, but...

 

Nothing in Acts 1978, Chapter 389, shall be construed to be more stringent than the federal law covering this subject matter. ...

 


(1) Any employee of any state department who violates any of the provisions of KRS 341.110 to 341.230 shall be guilty of a Class B misdemeanor. (2) Any person subpoenaed to appear and testify...


As used in this chapter, unless the context otherwise requires: (1) Injury means any work-related traumatic event or series of traumatic events, including cumulative trauma, arising out...


(1) There is hereby created the Kentucky Workers' Compensation Advisory Council which shall consist of sixteen (16) members appointed by the Governor. Each member shall serve for a term of...


The substantive provisions of 1996 (1st Extra. Sess.) Ky. Acts ch. 1 shall apply to any claim arising from an injury or last exposure to the hazards of an occupational disease occurring on...


(1) For the purposes of this chapter, an owner or owners of a business, including qualified partners of a partnership owning a business, or qualified members of a limited liability...


A doctor of chiropractic, licensed to practice under the provisions of KRS Chapter 312, shall have his services to employees covered by the workers' compensation law paid for under the...


(1) In addition to all other compensation provided in this chapter, the employer shall pay for the cure and relief from the effects of an injury or occupational disease the medical, surgical,...


In a claim for benefits, no party may introduce direct testimony from more than two (2) physicians without prior consent from the administrative law judge. The motion requesting...


(1) Periodically, the commissioner shall promulgate administrative regulations to adopt a schedule of fees for the purpose of ensuring that all fees, charges, and reimbursements under KRS...


(1) Every employer subject to this chapter shall keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment. Within one (1) week after...


Beginning on January 1, 1995, and pursuant to administrative regulations promulgated under KRS Chapter 13A by the commissioner, each insurance company writing workers' compensation...


(1) Except as provided in KRS 342.020, no income benefits shall be payable for the first seven (7) days of disability unless disability continues for a period of more than two (2) weeks, in...


A minor sixteen (16) years of age or over or a minor under sixteen (16) years of age who has procured his employment upon the written certification of his parent, guardian or one having...


(1) The following persons shall be presumed to be wholly dependent upon a deceased employee: (a) A surviving spouse upon a decedent whom the surviving spouse had not voluntarily abandoned...


As used in this chapter: (1) Child includes stepchildren, legally adopted children, posthumous children and recognized children born out of wedlock, but does not include married...


Payment of death benefits in good faith to a supposed dependent or to a dependent subsequent in right to another or other dependents shall protect and discharge the employer and insurer unless...


(1) There is created the Division of Workers' Compensation Funds in the Department of Workplace Standards which shall be responsible for the administration and legal representation of the...


(1) (a) For calendar year 1997 and for each calendar year thereafter, for the purpose of funding and prefunding the liabilities of the special fund, financing the administration and operation...


Assessments levied pursuant to KRS 342.122 and unpaid on the date on which they are due and payable shall bear interest at the rate specified in KRS 131.183 plus a penalty of one and...


(1) Every insurance carrier shall be entitled to a refund or credited with assessments paid on all canceled or returned premiums, including dividends paid or credited to policyholders, if...


(1) The Kentucky Workers' Compensation Funding Commission is created as an agency of the Commonwealth for the public purpose of controlling, investing, and managing the funds collected pursuant...


(1) The commission shall be governed by a board of directors consisting of seven (7) members. The seven (7) members shall include the secretary of the Labor Cabinet, the secretary of the...


The board of directors shall require the commission to engage a certified public accountant or a firm of certified public accountants to conduct an annual examination of the commission's...


The special fund and the funding commission shall at all times furnish each other access to any and all books, records, documents, and information necessary or desirable in order to allow...


Except as provided in KRS 342.829, funds which are under the jurisdiction of the commission shall not: (1) Be loaned to the Commonwealth or any instrumentality or agency thereof; (2)...


The Kentucky Workers' Compensation Funding Commission shall not be subject to the Governor's power of reorganization under KRS Chapter 12, including attachment or transfer to...


The benefit reserve fund is hereby established within the funding commission, and shall be administered by the funding commission. All funds in excess of current liabilities of the special...


(1) The funding commission may mail to the taxpayer a notice of any assessment assessed by it. The assessment shall be final if not protested in writing to the funding commission within...


Subsequent administrative savings as a result of the implementation of 1996 (1st Extra. Sess.) Ky. Acts ch. 1 shall be used to defray the special fund assessment on all employers in...


(1) The General Assembly finds and declares that the awards of workers' compensation benefits for coal workers' pneumoconiosis (black lung) have placed a substantial financial burden on...


(1) There is created the Kentucky coal workers' pneumoconiosis fund which shall have one-half ( 1/2) of the liability for income benefits, including retraining benefits, payable for claims...


(1) Upon motion by any party or upon an administrative law judge's own motion, an administrative law judge may reopen and review any award or order on any of the following grounds: (a) Fraud;...


Compensation under this chapter to alien dependent widows, widowers and children, not residents of the United States, shall be one-half ( 1/2) of the amount provided in each case for...


Any notice required to be given under this chapter shall be considered properly given and served when deposited in the mail in a registered letter or package properly stamped and addressed to...


The average weekly wage of the injured employee at the time of the injury or last injurious exposure shall be determined as follows: (1) If at the time of the injury which resulted in death...


For the purposes of this chapter, the average weekly wage of the state shall be determined by the commissioner as follows: On or before September 1 of each year, the total wages reported...


Whenever the administrative law judge considers it expedient, any lump sum which is paid as provided in this chapter shall be paid to any suitable person appointed by the District Court of...


(1) The benefits in case of death shall be paid to one (1) or more dependents of the deceased employee for the benefit of all the dependents entitled thereto, as determined by the...


(1) If an accident is caused in any degree by the intentional failure of the employer to comply with any specific statute or lawful administrative regulation made thereunder, communicated to...


All rights of compensation granted by this chapter shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any unpaid wages...


No claim for compensation under this chapter shall be assignable, except court or administratively-ordered child support pursuant to KRS 403.212. All compensation and claims therefor, except...


(1) Except as provided in subsection (2) of this section, no proceeding under this chapter for compensation for an injury or death shall be maintained unless a notice of the accident shall...


The notice and claim shall be in writing. The notice shall contain the name and address of the employee, and shall state in ordinary language the time, place of occurrence, nature and cause of...


The notice and claim shall be given to the employer, or if the employer is a partnership, then to any one (1) of the general partners. If the employer is a corporation or a limited...


(1) No employee shall be harassed, coerced, discharged, or discriminated against in any manner whatsoever for filing and pursuing a lawful claim under this chapter. (2) It is unlawful practice...


The notice shall not be invalid or insufficient because of any inaccuracy in complying with KRS 342.190 unless it is shown that the employer was in fact misled to his injury thereby. Want...


(1) After an injury and so long as compensation is claimed, the employee, if requested by a party or by the administrative law judge, shall submit himself to examination, at a reasonable time...


No limitation of time provided in this chapter shall run against any person who is mentally incompetent or who is a minor dependent so long as he has no committee, guardian or next friend,...


(1) The Governor shall make all appointments to the board, and appoint the administrative law judges and the commissioner of the Department of Workers' Claims, subject to the consent of the...


(1) The Workers' Compensation Board is hereby created and established. The board shall rule on appeals of decisions rendered by administrative law judges under this chapter. The board shall...


Each member of the board shall take the oath prescribed by Section 228 of the Constitution. ...


(1) The Department of Workers' Claims shall be responsible for administering claims and ensuring compliance with the insurance, self-insurance, and rehabilitation provisions in this chapter....


(1) The records of the Department of Workers' Claims, to the extent that they provide information personally identifying an individual alleging a work related injury or occupational disease,...


(1) The commissioner, within the limits of appropriations therefor and except as otherwise specifically provided in this chapter, shall establish and fill any positions, including medical...


The Labor Cabinet shall report monthly to the Committee on Appropriations and Revenue its monthly expenditures of restricted agency funds and the nature of such expenditures. Separate...


The commissioner and employees or authorized representatives of the department shall, for traveling necessitated by the discharge of official duties, be reimbursed for transportation actually...


The department shall maintain its main office in Frankfort, Kentucky, using suitable rooms and offices belonging to this state, and shall be provided necessary office furniture to be paid for...


All proceedings of the board and the administrative law judges shall be recorded in books kept for that purpose by the commissioner, which shall constitute a public record and shall contain...


(1) The commissioner shall prepare administrative regulations as he considers necessary to carry on the work of the department and the work of the administrative law judges and may...


(1) If the employee and employer and special fund or any of them reach an agreement conforming to the provisions of this chapter in regard to compensation, a memorandum of the agreement signed...


If an insurance carrier, self-insurance group, or self-insured employer providing workers' compensation coverage engages in claims settlement practices in violation of this chapter, or...


(1) If the parties fail to reach an agreement in regard to compensation under this chapter, either party may make written application for resolution of claim. The application must be filed...


(1) The commissioner shall promptly issue notice of the assignment of the claim to an administrative law judge, time for presentation of proof and of the time and place of a benefit...


(1) The commissioner shall establish a program to provide an opportunity for mediation of disputes as to the entitlement to benefits under this chapter. (2) The commissioner shall...


(1) In accordance with administrative regulations promulgated by the commissioner, a collective bargaining agreement between an employer and a recognized or certified exclusive...


Within fourteen (14) days from the date of the award, order, or decision any party may file a petition for reconsideration of the award, order, or decision of the administrative law judge....


(1) An award or order of the administrative law judge as provided in KRS 342.275, if petition for reconsideration is not filed as provided for in KRS 342.281, shall be conclusive and binding as...


The decision of the board shall be subject to review by the Court of Appeals pursuant to Section 111 of the Kentucky Constitution and rules adopted by the Supreme Court. The scope of review by...


The Court of Appeals may make such rule or order as it may deem necessary for the safekeeping, transporting and return of such original records of the Workers' Compensation Board to the board...


Upon motion of either party and a sufficient showing of reason and necessity therefor, the board, if an appeal is taken, may continue in force the award, judgment, or order appealed from,...


Any party in interest may file in the Circuit Court of the county in which the injury occurred a certified copy of a memorandum of agreement approved by the administrative law judge, or of...


(1) If any administrative law judge, the board, or any court before whom any proceedings are brought under this chapter determines that such proceedings have been brought, prosecuted, or...


(1) The commissioner shall contract with the University of Kentucky and the University of Louisville medical schools to evaluate workers who have had injuries or become affected by...


(1) (a) The employer liable for compensation for occupational disease shall be the employer in whose employment the employee was last exposed to the hazard of the occupational disease. During...


The provisions of KRS 342.316(4) shall apply to employees' asbestos-related disease claims filed on or after July 15, 1986. ...


(1) All fees of attorneys and physicians, and all charges of hospitals under this chapter, shall be subject to the approval of an administrative law judge pursuant to the statutes...


All questions arising under this chapter, if not settled by agreement of the parties interested therein, with the approval of the administrative law judge, shall be determined by...


(1) The commissioner shall establish a Division of Ombudsman and Workers' Compensation Specialist Services. The functions of the division shall include: (a) Serving as an information source...


(1) No person shall knowingly file, or permit to be filed, any false or fraudulent claim on his behalf to compensation or other benefits under this chapter, or by fraud, deceit,...


(1) Every employer under this chapter shall either insure and keep insured his liability for compensation hereunder in some corporation, association, or organization authorized to transact...


(1) Notwithstanding the provisions of KRS 342.340, KRS 342.350, or any administrative regulations promulgated pursuant to those provisions, the commissioner shall annually review the adequacy...


(1) Whenever an employer has complied with the provisions of KRS 342.340 relating to self-insurance, the commissioner shall issue to the employer a certificate which shall remain in force for...


(1) The commissioner or his designee shall have power to examine the financial condition and affairs related to workers' compensation of any individual self-insureds or self-insured groups...


(1) In order to comply with KRS 342.340, groups of employers may form, either among themselves or with employers in other states, mutual insurance associations, or reciprocal or...


(1) The commissioner may establish one (1) or more programs for interested employers of integrated management of an employer's workers' compensation and group health insurance claims by an...


All policies insuring the payment of compensation under this chapter shall contain a clause to the effect that as between the employer and the insurer the notice to or knowledge of the...


No policy of insurance against liability for compensation arising under this chapter shall be issued unless it contains the agreement of the insurer that it will promptly pay to the...


Every policy or contract of workers' compensation insurance under this chapter, issued or delivered in this state, shall cover the entire liability of the employer for compensation to...


No policy of insurance or rider to be used therewith shall be issued or delivered until a copy of its form has been filed with the commissioner of the Department of Insurance at least thirty...


(1) Any insurer authorized to write a policy of workers' compensation insurance shall transmit the following information on its workers' compensation experience only to the Department of...


Election to operate under this chapter if an employer is not mandatorily subject to the chapter shall be effected by the employer purchasing workers' compensation insurance or qualifying as a...

 

(1) Where an employer is subject to this chapter, then every employee of that employer, as a part of his contract of hiring or who may be employed at the time of the acceptance of the...


(1) All notices of rejection of the provisions of this chapter by employees shall, when executed, be preserved by the employer during the continuation of the employment of those employees...


The commissioner, upon showing a certification of noncompliance, may temporarily restrain or temporarily or permanently enjoin the further operation of any employer covered by this chapter....


No agreement by any employee to pay any portion of the insurance premium paid by his employer shall be valid. No employer shall deduct any portion of such premium from the wages or salary of...


Upon the request of the commissioner, the Attorney General, or, under his direction, the Commonwealth's attorney or county attorney of any county, shall institute and prosecute the...


The commissioner shall prepare and furnish, free of charge, blank forms of all notices, claims, reports, proofs, and other blank forms and literature which he considers proper and requisite to...


Annually on or before the fifteenth day of December, the commissioner shall make a report to the Governor for the preceding fiscal year, which shall include a statement of the number of...


(1) All funds collected by insurance companies from their insureds, prior to October 26, 1987, for assessments of the Kentucky Reinsurance Association or special fund taxes and assessments of...


If any such insurance carrier withdraws from business in this state before the special fund assessments and other taxes required in this chapter fall due or fails to pay such tax, the...


No person shall act or assume to act in this state as agent for any such insurance carrier whose authority to do business in this state has been suspended, while such suspension remains in...


Whenever by this chapter any officer is required to give any notice to an insurance carrier, it may be given by delivery, or by mailing a registered letter properly addressed and stamped, to...


(1) For the purpose of carrying out this chapter and affording to employers a method of insuring their liability, the Kentucky Employee's Insurance Association is created, a body corporate,...


The board of directors of the association shall consist of fifteen (15) members, three (3) of whom shall be appointed by the Governor, and twelve (12) of whom shall be elected by ballot of...


The board of directors shall annually choose by ballot a president, who shall be a member of the board, a secretary, a treasurer, and such other officers as the bylaws provide. ...


Seven (7) or more of the directors shall constitute a quorum for the transaction of business. Vacancies in any office may be filled as the bylaws provide. ...


In any meeting of the subscribers each subscriber shall be entitled to one (1) vote. If a subscriber has 250 employees to whom the association is bound to pay compensation he shall be entitled...


No policy shall be issued by the association until not less than 50 employers have subscribed who have not less than 5,000 employees to whom the association may be bound to pay compensation. ...


No policy shall be issued until a list of the subscribers, with the number of employees of each, together with such other information as the commissioner of the Department of Insurance...


The board of directors shall distribute the subscribers into groups in accordance with the nature of the business and the degree of the risk of injury. Subscribers within each group shall...


The association may in its bylaws and policies fix the contingent mutual liability of the subscribers for the payment of losses and expenses not provided for by its cash funds; but such...


(1) If the association has no cash funds above its unearned premiums sufficient for the payment of incurred losses and expenses, it shall make an assessment for the amount needed to pay...


The board of directors may, from time to time, by vote, fix and determine the amount to be paid as a dividend upon policies expiring during each year after retaining sufficient sums to pay all...


Any proposed premium, assessment, dividend or distribution of subscribers shall be filed with the Department of Insurance and shall not take effect until approved by the commissioner of...


The board of directors shall make and enforce reasonable regulations for the prevention of injuries on the premises of subscribers. For this purpose the inspectors of the association shall...


(1) Every employer subject to this chapter shall be liable for compensation for injury, occupational disease, or death without regard to fault as a cause of the injury, occupational disease,...


(1) As used in this section: (a) Employee leasing company or lessor means an entity that grants a written lease to a lessee pursuant to an employee leasing arrangement. (b)...


The following shall constitute employers mandatorily subject to, and required to comply with, the provisions of this chapter: (1) Any person, other than one engaged solely in agriculture,...


The following shall constitute employees subject to the provisions of this chapter, except as exempted under KRS 342.650: (1) Every person, including a minor, whether lawfully or...


The following employees are exempt from the coverage of this chapter: (1) Any person employed as a domestic servant in a private home by an employer who has less than two (2) employees...


(1) An employer who has in his employment any employee exempted under KRS 342.650 may elect to be subject to this chapter. This election on the part of the employer shall be made by the...


(1) If an employee, while working outside the territorial limits of this state, suffers an injury on account of which he, or in the event of his death, his dependents, would have been entitled...


In any claim for compensation, where the employee has been killed, or is physically or mentally unable to testify as confirmed by competent medical evidence and where there is unrebutted...


(1) If an employer secures payment of compensation as required by this chapter, the liability of such employer under this chapter shall be exclusive and in place of all other liability of...


(1) Whenever an injury for which compensation is payable under this chapter has been sustained under circumstances creating in some other person than the employer a legal liability to pay...


(1) One of the primary purposes of this chapter shall be restoration of the injured employee to gainful employment, and preference shall be given to returning the employee to employment with...


Notwithstanding the provisions of KRS 342.730, during the period the employee is eligible for permanent total disability benefits and is actively participating in a vocational or...


(1) Except as provided in KRS 342.732, income benefits for disability shall be paid to the employee as follows: (a) For temporary or permanent total disability, sixty-six and two-thirds...


(1) In all claims for occupational hearing loss caused by either a single incident of trauma or by repetitive exposure to hazardous noise over an extended period of employment, the extent...


(1) Notwithstanding any other provision of this chapter, income benefits and retraining incentive benefits for occupational pneumoconiosis resulting from exposure to coal dust in the severance...


(1) The commissioner shall promulgate administrative regulations pursuant to KRS Chapter 13A: (a) Establishing the form and content of a statement for services; (b) Specifying the manner...


(1) The commissioner shall promulgate administrative regulations to expedite the payment of temporary total disability and medical expense benefits. (2) The commissioner may...


(1) For the purposes of this chapter, the average weekly wage of the state shall be determined by the commissioner as follows: On or before September 1 of each year, the total wages reported...


If the injury causes death, income benefits shall be payable in the amount and to or for the benefit of the persons following, subject to the maximum limits specified in subsections (3) and (4)...


(1) There is hereby authorized in the Labor Cabinet an uninsured employers' fund for the purpose of making payments in accordance with the provisions of subsection (4) of this section....


(1) Notwithstanding the provisions of KRS Chapter 342 to the contrary, the office of the Attorney General shall be responsible for the administration of the uninsured employers' fund and shall...


(1) Upon the filing of a claim the commissioner shall ascertain whether the employer, or any other person against whom a claim is filed and who is not exempt by KRS 342.630 or 342.650, has...


A claimant may, in the original application for benefits, or any party may, by motion accompanied by proper allegations while the case is still pending, and the administrative law judge...


When an award is made against an employer who: (1) Has not secured payment of compensation by either securing insurance coverage or qualifying as a self-insurer; and (2) Has not made...


(1) The claim of any miner last exposed to the occupational hazards of coal workers' pneumoconiosis between December 12, 1996, and July 15, 2002, shall nonetheless be governed by the provisions...


(1) The commissioner shall maintain a list of duly qualified B reader physicians who are licensed in the Commonwealth. The list shall include B reader physicians at the university...


(1) Notwithstanding any provisions of the KRS to the contrary, every employer engaged in the severance or processing of coal, as defined in KRS 342.0011, at its principal office and such...


As used in this chapter unless the context requires otherwise: (1) Apprentice means a person at least sixteen (16) years of age who has entered into an apprenticeship agreement with...


(1) The Governor shall appoint an Apprenticeship and Training Council composed of three (3) representatives from employer organizations, and three (3) from employee organizations, who shall...


The commissioner, with the approval of the Governor, may appoint a supervisor of apprenticeship and training. This appointment shall be subject to the confirmation of the council by a...


The supervisor, under the direction of the commissioner and with the advice and guidance of the council, may administer this chapter in cooperation with the apprenticeship and training...


Every apprenticeship or on-the-job training agreement approved under this chapter shall contain: (1) The names of the contracting parties; (2) The date of birth of the apprentice or...


No apprentice or trainee agreements submitted for approval under this chapter shall be effective until approved by the supervisor. Every apprenticeship or on-the-job training agreement,...


(1) Upon the complaint of either party to the agreement, or upon his own initiative, the supervisor may investigate or determine if there has been a violation of the terms of the apprenticeship...


Nothing in this chapter or in any apprenticeship or on-the-job training agreement approved under this chapter shall operate to invalidate any apprenticeship or on-the-job training provision in...


(1) It is the public policy of this state to foster, encourage and develop interest and training in manual and industrial arts, and to encourage the entrance into voluntary agreements...


In this chapter: (1) Person includes one (1) or more individuals, labor organizations, joint apprenticeship committees, partnerships, associations, corporations, legal representatives,...


(1) As used in this section, state agency means any department or administrative body of state government, as defined in KRS 12.010, that is subject to the requirements of Title VI of...

(1) The general purposes of this chapter are: (a) To provide for execution within the state of the policies embodied in the Federal Civil Rights Act of 1964 as amended (78 Stat. 241),...


No provision in KRS Chapter 18A shall be construed to preclude any classified or unclassified state employee from appealing to the personnel board any action alleged to be in violation of...


For the purposes of KRS 344.030 to 344.110: (1) Qualified individual with a disability means an individual with a disability as defined in KRS 344.010 who, with or without...


It is an unlawful practice for an employer: (1) To fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against an individual with respect to...


In effectuating the purposes of this chapter no employer, as defined in KRS 344.030, shall establish any employment practices affecting the terms, conditions, and privileges of employment...


(1) It is an unlawful practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, an individual because of his race, color,...


It is an unlawful practice for a labor organization: (1) To exclude or to expel from its membership, or otherwise to discriminate against, a member or applicant for membership because of...


It is an unlawful practice for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job...


It is an unlawful practice for an employer, labor organization, licensing agency, or employment agency to print or publish or cause to be printed or published a notice or advertisement relating...


Notwithstanding any other provisions of KRS 344.030 to 344.110, it is not an unlawful practice for: (1) An employer to hire and employ employees, or an employment agency to classify, or...


Notwithstanding any other provision of this chapter, it is not an unlawful practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges...


(1) Nothing contained in this chapter requires an employer, employment agency, labor organization, or joint labor-management committee subject to this chapter to grant preferential treatment to...


Except as otherwise provided in KRS 344.140 and 344.145, it is an unlawful practice for a person to deny an individual the full and equal enjoyment of the goods, services, facilities,...


As used in this chapter, unless the context requires otherwise, place of public accommodation, resort, or amusement includes any place, store, or other establishment, either licensed...

It is an unlawful practice for a person, directly or indirectly, to publish, circulate, issue, display, or mail, or cause to be published, circulated, issued, displayed, or mailed, a...


(1) It shall be an unlawful practice to deny an individual, because of sex, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of...


There is hereby created a Commission on Human Rights. The commission shall consist of eleven (11) members, one (1) to be appointed from each Supreme Court district and four (4) from the state...


(1) The members of the Commission on Human Rights established by KRS 344.150 shall be appointed on a bipartisan basis and shall be broadly representative of employers, proprietors, trade...


The function of the commission shall be to encourage fair treatment for, to foster mutual understanding and respect among and to discourage discrimination against any racial or ethnic group or...


The powers and duties of the commission shall be: (1) To employ an executive director and other necessary personnel within the limits of funds made available; (2) To conduct...


In the enforcement of this chapter, the Commission on Human Rights shall have the following powers and duties: (1) To maintain an office in the city of Louisville and other offices within...


(1) An individual claiming to be aggrieved by an unlawful practice other than a discriminatory housing practice, a member of the commission, or the Attorney General may file with the commission...


(1) Within sixty (60) days after a complaint other than a complaint alleging a discriminatory housing practice is filed, unless the commission has issued an order dismissing the complaint...


(1) If the commission determines that the respondent has not engaged in an unlawful practice, the commission shall issue a final order in accordance with the provisions of KRS Chapter...


(1) Any complainant, respondent, or intervenor aggrieved by a final order of the commission, including a final order dismissing any complaint or stating the terms of a conciliation agreement,...


(1) In connection with an investigation of a complaint filed under this chapter, the commission or its designated representative at any reasonable time may request access to premises, records,...


Witnesses summoned by a subpoena in a discriminatory housing proceeding shall be entitled to the same witness and mileage fees as witnesses in proceedings in Circuit Court. ...


The provisions of KRS 13B.140 notwithstanding, commission shall not take jurisdiction over any claim of an unlawful practice under this chapter while a claim of the same person seeking relief...

 


It shall be an unlawful practice for a person, or for two (2) or more persons to conspire: (1) To retaliate or discriminate in any manner against a person because he has opposed a...


It is an unlawful practice for a party to a conciliation agreement made pursuant to subsection (4) of KRS 344.200 to violate the terms of the agreement. ...


(1) Cities and counties are authorized to adopt and enforce ordinances, orders, and resolutions prohibiting all forms of discrimination, including discrimination on the basis of race,...


Any city or county, or one (1) or more cities and counties acting jointly, may create a human rights commission (hereinafter a local commission): (1) To provide for execution within...


A local commission may be authorized to: (1) Receive, initiate, investigate, hear, and determine charges of violations of ordinances, orders, or resolutions forbidding discrimination adopted...


A local commission established pursuant to this chapter may: (1) Enter into cooperative working agreements with the United States Equal Employment Opportunity Commission created by Section...


The proceeding for enforcement of a local commission order is initiated by filing a complaint in the Circuit Court. Copies of the complaint shall be served upon all parties of record....


The commission may enter into cooperative working agreements with local commissions which have enforceable ordinances, orders, or resolutions and professional staff under the provisions of...


It is an unlawful housing practice for a real estate operator, or for a real estate broker, real estate salesman, or any person employed by or acting on behalf of any of these: (1) To refuse...


Nothing in KRS 344.360 shall apply to: (1) The YMCA, YWCA, and similar type single sex dormitory rental properties, including, but not limited to, those dormitories operated by institutions...


(1) Nothing in KRS 344.360 shall apply: (a) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living...



It is an unlawful practice for a person in the business of insuring against hazards to refuse to enter into, or discriminate in the terms, conditions, or privileges of, a contract of...


It is an unlawful practice for a financial institution or for any person or other entity whose business includes engaging in real estate-related transactions: (1) To discriminate against...


It shall be no defense to a violation of this chapter by a real estate operator, real estate broker, real estate salesman, financial institution, or other person subject to the provisions of...


It is an unlawful practice for a real estate operator, a real estate broker, a real estate salesman, a financial institution, an employee of any of these, or any other person, for the purpose...


(1) Where a real estate broker or a real estate salesman has failed to comply with an order issued by the commission or has been found to have committed an unfair housing practice in violation...


(1) It shall be an unlawful practice for any person, whether acting for himself or another, in connection with any credit transaction because of race, color, religion, national origin or sex to:...


Any person injured by any act in violation of the provisions of this chapter shall have a civil cause of action in Circuit Court to enjoin further violations, and to recover the actual...


(1) Any person who is deaf, hard of hearing, or speech impaired or who because of a speaking or other impairment has difficulty in communicating with other persons shall be entitled to...

 


(1) Whereas, the denial by some public employers of the right of firefighters to organize and the refusal by such employers to accept the procedure of collective bargaining leads to various...


(1) Firefighters of a city of the first class shall have, and shall be protected in the exercise of, the right of self-organization, to form, join, or assist any labor organization, to...


The public employer and such labor organization as has been designated as exclusive representative of firefighters in an appropriate unit, through appropriate officials or their...


(1) Public employers, their representatives or their agents are prohibited from: (a) Interfering, restraining or coercing firefighters in the exercise of the rights guaranteed in KRS 345.030;...


(1) Whenever in accordance with such regulations and as may be prescribed by the State Labor Relations Board a petition has been filed: (a) By a firefighter or group of firefighters or...


Violations of the provisions of KRS 345.050 shall be deemed to be unfair labor practices remedial by the board in the following manner. (1) Whenever it is charged by a public employer or...


(1) If after a reasonable period, but in no event less than thirty (30) days, of negotiations over the terms of a new collective bargaining agreement or modifications in an existing agreement...


Except as hereinafter provided, when a labor organization has been designated in accordance with the provisions hereof as the exclusive representative of firefighters in an appropriate unit,...


(1) Any agreement reached by the negotiators shall be reduced to writing and shall be executed by both parties. (2) An agreement between the public employer and a labor organization shall be...


Upon the written authorization of any firefighters within a bargaining unit, the public employer shall deduct from the payroll of the public employee the monthly amount of dues as certified by...


(1) There is hereby created and established a State Labor Relations Board to assist in resolving disputes between public employers and firefighters or their labor organization which shall...


No firefighter shall engage in, and no firefighter labor organization shall sponsor or condone any strike. ...


The General Assembly hereby declares that it serves a public purpose and is of benefit to the state to indemnify those needy persons who are innocent victims of criminal acts and who suffer...


As used in this chapter, unless the context otherwise requires: (1) Board means the Crime Victims Compensation Board; (2) Child means any person less than eighteen (18) years of age;...


(1) Victim shall also include nonresidents of this state who suffer losses as a direct result of criminal acts occurring within this state. (2) This section shall be operative only during...


(1) There is hereby created a board, to be known as the Crime Victims Compensation Board. The board shall consist of five (5) members, not all of whom shall be engaged in the same occupation...


The board shall have the following powers and duties: (1) To establish and maintain necessary offices within this state, appoint employees and agents as necessary, and prescribe their...


(1) Except as provided in subsections (2) and (3) of this section, the following persons shall be eligible for awards pursuant to this chapter: (a) A victim of criminally injurious conduct;...


A person who suffers personal injury as a result of conduct in violation of KRS 532.031 is a victim of criminally injurious conduct as defined in KRS 346.020 and is eligible for awards pursuant...


(1) A claim form may be filed by a person eligible to receive an award, as provided in KRS 346.050 or, if such person is a minor, by his parent or guardian. (2) A claim form must be filed by...


(1) A claim, when accepted for filing, shall be assigned by the clerk of the board to an investigator for investigation. All claims arising from the death of an individual as a direct result of...


Following the initial filing of a claim, if a claimant or victim does not take such further steps as may be necessary to support or perfect the claim as may be required by the board within...


(1) Notwithstanding the provisions of KRS 346.080, if it appears to the board member to whom a claim is assigned, prior to taking action upon such claim that: (a) Such claim is one with...


(1) No award shall be made unless the board or board member, as the case may be, finds that: (a) Criminally injurious conduct occurred; (b) Such criminally injurious conduct resulted...


(1) Any award made pursuant to this chapter shall be reduced by the amount of any payments received or to be received by the claimant as a result of the injury from the following sources:...


Any person who procures or attempts to procure compensation with this board by filing false information, shall have the claim denied and be forever barred from filing a claim with this board. ...


(1) The award shall be paid in a lump sum, except that in the case of death or protracted disability the award shall provide for periodic payments to compensate for loss of earnings or support....


(1) The board may award a lump-sum payment not to exceed twenty-five thousand dollars ($ 25,000) to the family of a police officer employed by a city, county, or urban-county government who...


The board may apply for funds from, and submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime. ...


The record of a proceeding before the board or a board member shall be a public record; provided, however, that any record or report obtained by the board, the confidentiality of which...


(1) Every person contracting with any person or the representative or assignee of any person accused or convicted of a crime in this state, with respect to the reenactment of such crime, by way...


(1) No right of action at law against a person who has committed a criminal act for damages as a consequence of such act shall be lost as a consequence of receiving benefits under the...


(1) Any payment of benefits to or on behalf of a victim under this chapter creates a debt due and owing to the state by any person found to have committed such criminal act in either a civil...


(1) There is established in the State Treasury the Crime Victims' Compensation Fund, hereinafter referred to as the fund, to be administered by the Crime Victims' Compensation Board....


(1) The board is empowered to enter into reciprocal agreements with all other states which have established, maintained and funded a state sponsored program for the compensation of crime...


The General Assembly of the Commonwealth of Kentucky hereby finds and declares that: (1) A comprehensive and outcome-driven system of services and supports provided to persons...


As used in this chapter, unless the context requires otherwise: (1) Active treatment means provision of services as specified in an individualized service plan. These services may include...


(1) Rights enumerated in this chapter, including the right to accept or reject services, active treatment and residential alternatives, shall be exercised by: (a) The person with...


(1) The secretaries of the Cabinet for Health Services and the Education, Arts, and Humanities Cabinet and the chief state school officer shall jointly develop and implement a statewide plan,...


The Cabinet for Health Services, the Education, Arts, and Humanities Cabinet, and the Department of Education shall promulgate and implement rules and regulations for the: (1) Enhancement...


The Cabinet for Health Services, the Education, Arts, and Humanities Cabinet, and the Department of Education may assess reasonable charges for services rendered under this chapter, based upon...





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