Title XXVII, Labor and Human Rights

years old with nonprofit organization -- Requirements -- Approval process -- Administrative regulations. (1) As used in this section: (a) "Department" means the Department of Workplace Standards; (b) "Nonprofit organization" means an organization that: 1. Is exempt from federal i…

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 enter employment a certificate of age upon presentation of proof of age. Every employer s…

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 workers' compensation law or any other labor law of the state, as to any act occurring subsequent…

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 stopping of work for each day, and the time of the beginning and ending of the daily meal peri…

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 school curriculum. The use of such machinery in any public or private school shall be subject …

(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, police officers and juvenile session of District Court probation officers, to enforce the provisi…

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 the Department of Workplace Standards, its officers, or agents, or any other person aut…

As used in this chapter, unless the context clearly requires otherwise: (1) "Approved job training or certification program" means: (a) A program approved by the secretary that leads to a short-term certificate or credential, an industry-recognized certificate, diploma, or associ…

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 which all benefits shall be paid; (2) "State" includes, in addition to the states of the Unite…

base amount. (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, including commissions, bonuses, and, except for services performed in agricultur…

annual payroll. 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 employer under KRS 341.530 and 341.540. No amount shall be credited to any reserve a…

(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…