Title XXVII, Labor and Human Rights

(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 interstate commerce, performed by: (a) An individual who, under the usual common law rules applicable …

Unless the employing unit thereof has elected that the services become covered employment under the provisions of subsection (3) or (4) of KRS 341.250, "covered employment" shall not include: (1) Service performed in agricultural labor, as defined in Section 3306(k) of the Intern…

(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, trust, estate, joint-stock company, corporation, insurance company, whether any of these are…

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 and family services as a hospital; (2) "Institution of higher education" means an educational in…

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 in KRS 341.060; (2) A county government and its instrumentalities; (3) A city or municipal …

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 preceding calendar year paid for service in covered employment wages of fifteen hundred dollars ($1,500)…

unemployment" defined. As used in this chapter, unless the context clearly requires otherwise: (1) Except in so far as the Education and Labor Cabinet by administrative regulation prescribes the equivalent thereof to meet particular conditions: (a) "Calendar year" means a year be…

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 the first day of a worker's benefit year. However, if an individual lacks sufficient base-peri…

(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 Section 121 of the Unemployment Compensation Amendments of 1976, Public Law 94-566, as "previo…

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 is a state "on" indicator; and (b) Ends with either of the following weeks, whichever occurs lat…

group -- Approved plan -- Eligibility period -- Exhaustee -- Normal weekly hours of work -- Rate of insured unemployment -- Shared work employer -- Subgroup. As used in this chapter, unless the context clearly requires otherwise: (1) "Additional benefits" means benefits payable t…

(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 involved to his or her health, safety and morals; his or her physical fitness and prior traini…

At the time of being notified of a valid claim, the Office of Unemployment Insurance shall advise the eligible worker of the following resources: (1) Five (5) additional weeks of benefits as set forth in KRS 341.385(5) by complying with an approved job training and certification …

(1) In the Education and Labor Cabinet, there shall be an Unemployment Insurance Commission composed of the secretary or his or her duly authorized representative, as ex officio chairman and two (2) members appointed by the Governor. (2) The secretary shall represent the state an…

(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. The commission shall determine its own organization and methods of procedure. (2) General a…

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 Research Commission through the computer facilities of the commission.

Personnel. (1) It shall be the duty of the secretary of the Education and Labor Cabinet to administer this chapter; and he shall have power and authority to make such expenditures, require such reports, make such investigations, and take such other action not specifically assigne…

United States Department of Labor notice of conformity of state unemployment compensation with federal laws. The secretary shall provide to the Legislative Research Commission a copy of any notification received by the cabinet from the United States Department of Labor or any div…

(1) By December 1, 2021, and annually thereafter until December 1, 2025, the cabinet shall report to the Governor and the Interim Joint Committee on Economic Development and Workforce Investment: (a) The status of the unemployment trust fund, including any federal advances requir…

Any reports required by KRS 341.127 and 341.350 may be combined by the cabinet and submitted as one (1) to the Governor and the Interim Joint Committee on Economic Development and Workforce Investment.

(1) The secretary of the Education and Labor Cabinet 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 in the payment of benefits and the furnishing of serv…

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 other material he deems relevant and suitable, and shall furnish the same to any person upon …

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 the adoption of practical methods of vocational training, retraining and vocational guidanc…

(1) As used in this section: (a) "Agent" means one who acts for or in the place of an individual, an employing unit, or a public official by the authority of that individual, employing unit, or public official; and (b) "Public official" means an official, agency, or public entity…

(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, take depositions, certify official acts, and issue subpoenas to compel the attendance of witne…

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 secretary or his duly authorized representative, on the ground that the evidence required of hi…

(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; (b) Make such reports in such form and containing such information as such agency may from tim…

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 Education and Labor Cabinet or are no longer considered necessary for the proper administration of this chapter. Wage rec…

(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 appropriated and shall be continuously available to the secretary for expenditure consistent wit…

(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 state. (2) The service capacity upgrade fund shall be used solely for acquisition and upgra…

Subject to the provisions of KRS 56.440 to 56.550, inclusive, the secretary of the Education and Labor Cabinet is authorized and empowered to use all or any part of the funds accumulated under the provisions of KRS 341.295 for the purpose of acquiring suitable space for either ce…

(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 provided elsewhere in this section or this chapter. (2) Except as provided in subsections (3)…

contractor. (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 during such calendar year for covered employment. Such contributions shall becom…

(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 this chapter to a penalty of twenty-five dollars ($25) for failure to file such reports. …

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 the contributions due on the basis of an estimate of such employer's payroll, and shall give wri…

(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 certified mail, notifying such employing unit that this section will be invoked unless such rep…

(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, 1999, except as otherwise provided in this section, each employer's contribution rate…

trades. (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 any foreign corporation active in conjunction with a domestic corporation in a …

(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 is exempt from income tax under Section 501(a) of such code. For the purpose of this sectio…

(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 with this section, to pay the cabinet for the fund an amount equal to the amount of all reg…

(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 of one-half (1/2) of extended benefits paid that are attributable to service performed…

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 be designated by the secretary of the Finance and Administration Cabinet or successor t…

(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 of interest on advances under Title XII of the Social Security Act, for the repayment o…

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 United States of America, in such amounts, and in such of the securities herein authorized,…

interest, or penalties. (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 or fraction thereof, not to exceed ninety percent (90%) of the …

(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 drawee bank for payment, there shall be paid as a penalty by the party who tendered the ch…