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; 13
6. A legislative body of a unified local government; or 14
7. A local board of education. 15
(b) Currently serving as a member of: 16
1. The General Assembly; 17
2. A legislative body of a city; 18
3. A consolidated local government council; 19
4. An urban-county government council; 20
5. A legislative body of a charter county government; 21
6. A legislative body of a unified local government; or 22
7. A local board of education. 23
(c) A member-elect to: 24
1. The General Assembly; 25
2. A legislative body of a city; 26
3. A consolidated local government council; 27
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4. An urban-county government council; 1
5. A legislative body of a charter county government; 2
6. A legislative body of a unified local government; or 3
7. A local board of education; or 4
(d) Absent from work to perform duties as a member or member-elect of: 5
1. The General Assembly; 6
2. A legislative body of a city; 7
3. A consolidated local government council; 8
4. An urban-county government council; 9
5. A legislative body of a charter county government; 10
6. A legislative body of a unified local government; or 11
7. A local board of education. 12
(2) Any employee who is elected or appointed to any qualifying office listed in 13
subsection (1) of this section may request a leave of absence, and any employer 14
subject to subsection (1) of this section shall grant the request. The leave of 15
absence: 16
(a) May be paid or unpaid; and 17
(b) Shall not exceed: 18
1. Four (4) terms of office for a member of the House of 19
Representatives; 20
2. Three (3) terms of office for a member of the Senate; or 21
3. Three (3) terms of office for a member of a legislative body of a city, 22
consolidated local government council, urban -county government 23
council, legislative body of a charter county government, legislative 24
body of a unified local government, or local school board of 25
education. 26
(3) Subsection (2) of this section shall not be construed to: 27
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(a) Prevent the employee from working and being compensated for time worked 1
during the leave of absence; or 2
(b) Impair the employee's seniority rights on the job. 3
Section 2. KRS 336.990 is amended to read as follows: 4
(1) Upon proof that any person employed by the Education and Labor Cabinet as a 5
labor inspector has taken any part in any strike, lockout or similar labor dispute, the 6
person shall forfeit his or her office. 7
(2) The following civil penalties shall be im posed, in accordance with the provisions in 8
KRS 336.985, for violations of the provisions of this chapter: 9
(a) Any person who violates KRS 336.110 or 336.130 shall for each offense be 10
assessed a civil penalty of not less than one hundred dollars ($100) nor more 11
than one thousand dollars ($1,000); 12
(b) Any corporation, association, organization, or person that violates KRS 13
336.190 and 336.200 shall be assessed a civil penalty of not less than one 14
hundred dollars ($100) nor more than one thousand dollars ($1,0 00) for each 15
offense. Each act of violation, and each day during which such an agreement 16
remains in effect, shall constitute a separate offense; 17
(c) Any employer who violates the provisions of KRS 336.220 shall be assessed a 18
civil penalty of not less than one hundred dollars ($100) nor more than one 19
thousand dollars ($1,000) for each violation;[ and] 20
(d) Any labor organization who violates KRS 336.135 shall be assessed a civil 21
penalty of not less than one hundred dollars ($100) nor more than one 22
thousand dollars ($1,000) for each offense;[.] 23
(e) Any public employer or labor organization that violates KRS 161.158, 24
164.365, 336.133, 336.134, 336.1341, 336.135, or 336.180 shall be assessed a 25
civil penalty of not less than one hundred dollars ($100) nor more tha n one 26
thousand dollars ($1,000) for each offense; and[.] 27
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(f) Any employer that violates Section 1 of this Act shall be assessed a civil 1
penalty of not less than one hundred dollars ($100) nor more than one 2
thousand dollars ($1,000) for each offense. 3
(3) Any labor organization, employer, or other person who directly or indirectly 4
violates KRS 336.130(3) shall be guilty of a Class A misdemeanor. 5
(4) Any person aggrieved as a result of any violation or threatened violation of KRS 6
336.130(3) or Section 1 of thi s Act may seek abatement of the violation or 7
threatened violation by petitioning a court of competent jurisdiction for injunctive 8
relief and shall be entitled to costs and reasonable attorney fees if he or she prevails 9
in the action. 10
(5) Any person injured as a result of any violation or threatened violation of KRS 11
336.130(3) or Section 1 of this Act may recover all damages resulting from the 12
violation or threatened violation and shall be entitled to costs and reasonable 13
attorney fees if he or she prevails in the action. 14