
KY HB 791
Author
Sarah Stalker
702 Capital Ave Annex, Room 451C
Frankfort, KY 40601
502-564-8100
sarah.stalker@lrc.ky.gov
Author Detail Link
Bill Text
Category
Employee Misclassification
State
KY
Summary
Provides a remedy for employees misclassified as independent contractors.
Issue
Establishes that employers who incorrectly classify employees as independent contractors can be held liable for paying the full amount of unpaid wages and overtime compensation, plus additional liquidated damages equal to the owed wages. Employees who believe they have been misclassified can bring a private legal action or request the commissioner of the Department of Workplace Standards to pursue the claim on their behalf, and workers from the same employer can join together in a collective action. Defines an "independent contractor" as someone who is free from the employer's direct control, performs work outside the employer's usual business, and is independently engaged in a similar trade or business. Repeals a previous statute about marketplace contractors and provides a clear legal mechanism for workers to seek remedy if they believe they have been improperly classified.
Notes
Pending Committee action.
History
02/19/2025 Referred to House Committee on Committees for assignments.
02/27/25 Referred to House Committee on Economic Development & Workforce Investment.