Kentucky 2025 2025 Regular Session

Kentucky House Bill HB801 Introduced / Bill

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AN ACT relating to employment. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
SECTION 1.   A NEW SECTION OF KRS CHAPTER 336 IS CREATED TO 3 
READ AS FOLLOWS: 4 
(1) Subject to KRS 18A.140 and 61.080, an employer of seventy-five (75) or more 5 
persons shall not demote, dismiss, discipline, or in any way discriminate against 6 
an employee because he or she is: 7 
(a) A candidate for membership of: 8 
1. The General Assembly; 9 
2. A legislative body of a city; 10 
3. A consolidated local government council; 11 
4. An urban-county government council; 12 
5. A legislative body of a charter county government; or 13 
6. A legislative body of a unified local government; 14 
(b) Currently serving as a member of: 15 
1. The General Assembly; 16 
2. A legislative body of a city; 17 
3. A consolidated local government council; 18 
4. An urban-county government council; 19 
5. A legislative body of a charter county government; or 20 
6. A legislative body of a unified local government; 21 
(c) A member-elect to: 22 
1. The General Assembly; 23 
2. A legislative body of a city; 24 
3. A consolidated local government council; 25 
4. An urban-county government council; 26 
5. A legislative body of a charter county government; or 27  UNOFFICIAL COPY  	25 RS BR 1304 
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6. A legislative body of a unified local government; or 1 
(d) Absent from work to perform member or member-elect duties of: 2 
1. The General Assembly; 3 
2. A legislative body of a city; 4 
3. A consolidated local government council; 5 
4. An urban-county government council; 6 
5. A legislative body of a charter county government; or 7 
6. A legislative body of a unified local government. 8 
(2) Any employee elected or appointed, if applicable, to any qualifying office under 9 
subsection (1) of this section may request a leave of absence, and any employer 10 
subject to subsection (1) of this section shall grant the request. The leave of 11 
absence: 12 
(a) May be paid or unpaid; and 13 
(b) Shall not exceed: 14 
1. Three (3) terms of office for a member of the House of 15 
Representatives; 16 
2. Two (2) terms of office for a member of the Senate; or 17 
3. Two (2) terms of office for a member of a legislative body of a city, 18 
consolidated local government council, urban county government 19 
council, legislative body of a charter county government, or legislative 20 
body of a unified local government. 21 
(3) Nothing in subsection (2) of this section shall be construed to: 22 
(a) Prevent the employee from working and being compensated for time worked 23 
during the leave of absence; or 24 
(b) Impair the employee's seniority rights of the job. 25 
Section 2.   KRS 336.990 is amended to read as follows: 26 
(1) Upon proof that any person employed by the Education and Labor Cabinet as a 27  UNOFFICIAL COPY  	25 RS BR 1304 
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labor inspector has taken any part in any strike, lockout or similar labor dispute, the 1 
person shall forfeit his or her office. 2 
(2) The following civil penalties shall be imposed, in accordance with the provisions in 3 
KRS 336.985, for violations of the provisions of this chapter: 4 
(a) Any person who violates KRS 336.110 or 336.130 shall for each offense be 5 
assessed a civil penalty of not less than one hundred dollars ($100) nor more 6 
than one thousand dollars ($1,000); 7 
(b) Any corporation, association, organization, or person that violates KRS 8 
336.190 and 336.200 shall be assessed a civil penalty of not less than one 9 
hundred dollars ($100) nor more than one thousand dollars ($1,000) for each 10 
offense. Each act of violation, and each day during which such an agreement 11 
remains in effect, shall constitute a separate offense; 12 
(c) Any employer who violates the provisions of KRS 336.220 shall be assessed a 13 
civil penalty of not less than one hundred dollars ($100) nor more than one 14 
thousand dollars ($1,000) for each violation; and 15 
(d) Any labor organization who violates KRS 336.135 shall be assessed a civil 16 
penalty of not less than one hundred dollars ($100) nor more than one 17 
thousand dollars ($1,000) for each offense. 18 
(e) Any public employer or labor organization that violates KRS 161.158, 19 
164.365, 336.133, 336.134, 336.1341, 336.135, or 336.180 shall be assessed a 20 
civil penalty of not less than one hundred dollars ($100) nor more than one 21 
thousand dollars ($1,000) for each offense. 22 
(f) Any employer who violates Section 1 of this Act shall be assessed a civil 23 
penalty of not less than one hundred dollars ($100) nor more than one 24 
thousand dollars ($1,000) for each offense. 25 
(3) Any labor organization, employer, or other person who directly or indirectly 26 
violates KRS 336.130(3) shall be guilty of a Class A misdemeanor. 27  UNOFFICIAL COPY  	25 RS BR 1304 
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(4) Any person aggrieved as a result of any violation or threatened violation of KRS 1 
336.130(3) or Section 1 of this Act may seek abatement of the violation or 2 
threatened violation by petitioning a court of competent jurisdiction for injunctive 3 
relief and shall be entitled to costs and reasonable attorney fees if he or she prevails 4 
in the action. 5 
(5) Any person injured as a result of any violation or threatened violation of KRS 6 
336.130(3) or Section 1 of this Act may recover all damages resulting from the 7 
violation or threatened violation and shall be entitled to costs and reasonable 8 
attorney fees if he or she prevails in the action. 9