AN ACT relating to employment.

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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
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6. A legislative body of a unified local government; or 1
(d) Absent from work to perform duties as a member or member-elect 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 who is elect ed or appointed to any qualifying office listed in 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) Subsection (2) of this section shall not 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 on the job. 25
Section 2. KRS 336.990 is amended to read as follows: 26
(1) Upon proof that any pe rson employed by the Education and Labor Cabinet as a 27
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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) no r 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; and[.] 22
(f) Any employer that 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, employe r, or other person who directly or indirectly 26
violates KRS 336.130(3) shall be guilty of a Class A misdemeanor. 27
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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 t he 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