KY HB 483

Author

Sarah Stalker
702 Capital Ave Annex, Room 451C
Frankfort, KY 40601
502-564-8100
sarah.stalker@lrc.ky.gov
Author Detail Link

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Bill Text

Category

Employee Misclassification

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State

KY

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Summary

Provides a remedy for employees misclassified as independent contractors.

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Issue

Provides that any employer who misclassifies an employee as an independent contractor and thereby pays less than wages and overtime compensation to which the employee is shall be liable:
To the misclassified employee for the full amount of the wages and overtime compensation, less any amount actually paid to the employee by the employer;
To the misclassified employee for an additional sum of the full amount of wages and overtime compensation owed to the employee as liquidated damages; and For the misclassified employee's court costs and reasonable attorney's fees, as may be allowed by the court.

An employee who alleges he or she has been misclassified as an independent contractor may bring a private action or may request the commissioner take an assignment of the wage claim to bring any legal action necessary on behalf of the employee to collect wages owed. The employer shall pay the commissioner any costs and reasonable attorney's fees as may be allowed by the court. Employees of the same employer may elect to join their claims in a collective action.

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Notes

Pending committee assignment.

History

02/07/2024 Introduced in House. Referred to House Committee on Committees.