Free Kentucky Labor and Employment FAQs | Free Kentucky Labor and Employment Legal Documents

Are There Certain Occupations That Are Prohibited For Minors?

Tue, 29 May 2007 21:19:00 GMT

The following occupations are prohibited for minors under age 18:

Occupations in or about Plants or Establishments Manufacturing or Storing Explosives or Articles containing Explosive Components
Motor Vehicles Driver and Outside Helper
Coal Mine Occupations
Logging or Sawmill Operations
Operation of PowerDriven Woodworking Machines
Exposure to Radioactive Substances
Operation of PowerDriven Hoisting Apparatus
Operation of PowerDriven Metal Forming, Punching, and Shearing Machines
Mining, other than coal
Slaughtering, Meat Packing or Processing, or Rendering
Operation of Bakery Machines
Operation of Paper Products Machines
Manufacture of Brick, Tile and Kindred Products
Operation of Circular Saws, Band Saws, and Guillotine Shears
Wrecking, Demolition and Shipwrecking Operations
Roofing Operations
Excavating Operations
In, about, or in connection with any establishment where alcoholic liquors are distilled, rectified, compounded, brewed, manufactured, bottled, sold for consumption or dispensed unless permitted by the rules and regulations of the Alcoholic Beverage Control Board (except they may be employed in places where the sale of alcoholic beverages by the package is merely incidental to the main business actually conducted).
Pool or billiard room

In addition to the above, minors under 16 years of age may not be employed in: Any manufacturing, mining, or processing occupations, including occupations requiring the performance of any duties in work rooms or work places where goods are manufactured, mined, or otherwise processed; occupations which involve the operation or tending of hoisting apparatus or any powerdriven machinery other than office machines; operation of motor vehicles or service as helpers on such vehicles; public messenger service; occupations in connection with: Transportation of persons or property by rail, highway, air, water, pipeline, or other means, warehousing and storage, communications and public utilities, construction (including demolition and repair).

Can I Claim Partial Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may claim partial benefits when:

You are still employed by your regular employer but are working less than your normal fulltime hours, if
1. Your earnings during a week are less than 1 1/4 times your weekly rate and you work less than fulltime; and
2. Your reduced hours are due to lack of available work, and not to any other causesuch as illness, disability, vacation leave, or personal reasons.

How Do I Establish An Unemployment Tax Account?

Tue, 29 May 2007 21:19:00 GMT

You must complete form UI1 Application for Employer Account ( CLICK HERE to download). If you are liable for unemployment insurance, you will receive a "Notice of Subjectivity" assigning you a Kentucky Employer Identification Number. This is the number that you will use for reporting and paying unemployment tax.

You may also establish an account online CLICK HERE

How Do I File A Claim For Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

If you need to file a claim for unemployment benefits:

Report to the nearest Unemployment Insurance Office and present your Social Security Card.
Register for work and file a claim for benefits.
After filing your initial claim, file continuing claims for each week during which you are unemployed as directed by your local office.

By using touch tone telephone service, you may claim your weeks or request the status of your last week claimed . The toll free telephone number is 18662912926. The effective date of the claim will be the Sunday of the week in which you file. This will establish your base period, which is the first four of the last five completed calendar quarters preceding the effective date of the claim.

How Do I Know If I Am Liable For State Unemployment Taxes?

Tue, 29 May 2007 21:19:00 GMT

The requirements for liability vary for different types of employment:

FORPROFIT BUSINESS (other than agriculture) You will be liable if you pay at least $1,500 in gross wages in a single calendar quarter or if you have at least one worker performing service in each of 20 weeks out of a calendar year. (They do not have to be the same worker in each week, nor do the weeks have to be consecutive.)
AGRICULTURAL EMPLOYERS You will be liable if you pay at least $20,000 in gross wages in a single calendar quarter or if you have at least ten workers performing service in each of 20 weeks out of a calendar year.
DOMESTIC EMPLOYERS You will be liable if you pay at least $1,000 in gross wages in a single calendar quarter.
ACQUISITION OF ALL OR PART OF AN EXISTING BUSINESS (which is already liable for Unemployment Insurance). Generally, you will be automatically liable as a successor employer.
NOTFORPROFIT ORGANIZATION You will be liable if you employ at least four workers in each of 20 weeks out of a calendar year.
STATE OR LOCAL GOVERNMENT EMPLOYER You are liable for any employment excluding elected officials and certain other exclusions.
FEDERAL AND OUTOFSTATE LIABILITY If you are liable in another state or liable for federal unemployment tax, you are automatically liable for any employment in Kentucky.
PREVIOUS LIABILITY IN KENTUCKY If you did not sell your former business or otherwise terminate your account, you are automatically liable upon resuming employment.

How Do I Report Wages And Pay Unemployment Tax?

Tue, 29 May 2007 21:19:00 GMT

Once you become liable, you will be required to file a report at the end of each calendar quarter listing your employees and their wages and compute and pay tax based on your payroll. Most employers file on form UI3, "Employer Quarterly Unemployment Wage and Tax Report." Forms are mailed to employers with active accounts at the end of each quarter. These reports are preprinted with the business name and address, account numbers, due date, tax rate, and prior credit or debit balances. If you do not receive a preprinted report by the middle of the month following the end of the quarter, contact the tax branch or your nearest local office to obtain a replacement copy.

You may also submit your tax and wage report online CLICK HERE

Employers who have 250 or more employees are required to file by magnetic media. CD, FTP, or DISKETTE are accepted. Smaller employers may also use magnetic media if they choose. Filing requirements for magnetic media are outlined in the Magnetic Media Reporting Manual which may be obtained by calling (502) 5642168.

How Is My Benefit Amount Determined?

Tue, 29 May 2007 21:19:00 GMT

Your weekly benefit rate will be 1.3078 percent of your total base period wages. A weekly benefit amount can neither be lower than $39.00 nor more than the maximum weekly benefit amount allowed in Kentucky at that time.

The maximum benefit amount (MBA), the total amount a claimant can draw in regular benefits on a single claim, must be the lesser of the following:

Twentysix times the weekly benefit amount.
Onethird of the total base period wages (except no MBA can be less than 15 times the weekly benefit amount).

How Is My Tax Rate Determined?

Tue, 29 May 2007 21:19:00 GMT

You compute your tax on the taxable amount of the first $8000 earned by each worker. All unemployment insurance programs are "experience rated," which means that the amount of tax an employer pays is directly related to his experience in the program; that is, the amount of tax paid in compared to the amount of benefits paid out.

First, a rate must be assigned to a new employer before there can be any experience rating. Once an employer begins to pay tax (and possibly be charged benefits), the division keeps track of the balance in his reserve account. Once your reserve ratio is determined, your rate is assigned by finding the tax bracket that the ratio falls in for the tax schedule in effect for the year. The division issues a "Notice of Contribution Rate" annually to each active employer indicating the new rate and containing the information used in calculating it.

In addition to the unemployment tax, which you are required to pay, you may make additional payments into your reserve account to reduce a deficit balance or to increase a positive balance. Since tax rates are based on reserve account balance, changing your balance can lower your next year's tax rate.

How Much Can A Claimant Receive In Extended Benefits?

Tue, 29 May 2007 21:19:00 GMT

The weekly benefit amount remains the same as on the regular unemployment claim. The maximum benefit amount is half of the maximum benefit amount on your regular UI claim.

How Soon Must My Employer Pay Me If I Quit?

Tue, 29 May 2007 21:19:00 GMT

If you quit or your employer fires you, your employer must pay you not later than the next normal pay period or within fourteen days, whichever occurs last.

Is A Work Permit Required For Employment Of A Minor?

Tue, 29 May 2007 21:19:00 GMT

No work permit is required, however, an age certificate is required for employment of minors under the age of 18.

Please Explain Electronic Claims Filing.

Mon, 04 Jun 2007 21:51:22 GMT

The Kentucky Department for Employment Services, Division of Unemployment Insurance, has developed a system whereby claims for unemployment insurance benefits can be filed electronically for certain mass layoffs. Electronic filing is a faster, more efficient way to process mass claims for unemployment insurance. Eligible employers must:

Have a workforce of 50 or more workers
Experience scheduled and unscheduled temporary layoffs or plant shutdowns

A printable copy of the electronics claims procedures provides you with an overview of the process. If you are interested in electronic filing or would like additional information contact the local office nearest you.

What Are Reimbursing Accounts?

Tue, 29 May 2007 21:19:00 GMT

Governmental employers and 501(c)(3) nonprofit organizations are eligible to report as reimbursing accounts. Reimbursing employers do not pay quarterly unemployment tax, but instead reimburse the division for the cost of any benefits which are chargeable to them. The filing of quarterly reports for wage information purposes is still required.

An eligible employer may choose to either reimburse or to become a taxpaying account. There are both advantages and disadvantages to the reimbursement method. Although it can save money for organizations with stable employment, it can also result in large and unexpected benefit costs.

What Are The Eligibility Requirements To Draw Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

To be eligible to receive benefits, the nonmonetary requirements each week are as follows:

Be physically and mentally able to work.
Be either totally unemployed or performing less than fulltime work and earning less than oneandonequarter (1¼) times your weekly benefit rate (a claimant earning less than this amount and working less than fulltime may qualify for partial benefits, with 80% of his earnings deducted from his weekly benefits).
Be available for suitable work and making a reasonable effort to find employment.
Register for work with the Department for Employment Services.
Claim benefits for each week of unemployment.

You must also meet monetary requirements as follows:

Earned at least $750 in one quarter of your base period;
Total base period wages equal to at least 1 1/2 times your high quarter wages and total base period wages outside the high quarter must be at least $750; and
wages in the last six months of your base period equal to not less than 8 times your weekly benefit rate.

What Can I Do If I Am Denied Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

Appeals from benefit determinations may be made by either the employer or the claimant and are heard by an Appeals Branch referee. Appeals must be made in writing. A letter to the Appeals Branch stating the intent to appeal is sufficient. Appeals may be addressed as follows:

Appeals Branch
275 East Main Street 2E
Frankfort, KY 40621

The referee will decide the appeal solely on the testimony and documents submitted at the hearing. The employer and the claimant (when applicable) should attend the hearing. A teleconference hearing will be scheduled if travel or any extenuating circumstance would create a hardship on either party.

The claimant and the employer may be represented by attorneys or other duly authorized agents of their own choosing, but this is not required. The referee will assist both parties at all times to bring out facts that will be helpful in properly presenting their cases. The claimant or employer should bring all reports and records that might prove his case. Witnesses should be prepared to answer all questions. Subpoenas for witnesses or records may be issued prior to the hearings, if necessary.

The decision will be mailed to the parties and will set forth the facts found from the evidence presented, the reasons for the decision and the decision itself. If either party is dissatisfied with the decision of the referee, a further appeal may be filed with the Unemployment Insurance Commission, and, thereafter, through the courts.

What Hours Can Children Work?

Tue, 29 May 2007 21:19:00 GMT

Minors 14 & 15 years of age are permitted to work between the hours of 7:00 a.m. and 7:00 p.m. (9:00 p.m. June 1 through Labor Day). When school is in session, they may work up to 3 hours per day Monday through Friday, 8 hours per day Saturday and Sunday, and 18 hours per week. When school is not in session, the maximum is 8 hours per day and 40 hours per week.

Minors 16 & 17 years of age are permitted to work between the hours of 6:00 a.m. and 11:30 p.m. Sunday through Thursday; 1:00 a.m. Friday and Saturday when school is in session. When school is in session, they may work up to 6 hours per day Monday through Friday, 8 hours per day Saturday and Sunday, and 40 hours per week. When school is not in session, there are no restrictions on number of maximum hours.

Minors under 18 years of age shall not be permitted to work more than five hours continuously without an interval of at least thirty minutes for a lunch period.

What is the minimum wage in Kentucky?

Tue, 29 May 2007 21:19:00 GMT

The Kentucky minimum wage law adopts the Federal minimum wage rate, which is currently $6.55 per hour.

When Do Extended Benefits Go Into Effect?

Tue, 29 May 2007 21:19:00 GMT

Extended benefits go into effect in Kentucky when, during the week and the immediate preceding 12 weeks, the rate of insured unemployment:

Equaled 120% of the average of such rate for the corresponding 13week period in each of the prior two years; and,
equaled or exceeded 5%.

To be eligible for extended benefits, a worker must have established a valid regular unemployment insurance claim, must have exhausted all entitlement to regular UI benefits, and must not have completed the benefit year before the extended benefit period begins.

Where Can I Obtain More Information On Child Labor Laws?

Mon, 04 Jun 2007 21:51:22 GMT

For Further Information Contact:

KENTUCKY LABOR CABINET
DIVISION OF EMPLOYMENT STANDARDS, APPRENTICESHIP AND TRAINING
1047 U S HWY 127 S STE 4
FRANKFORT KY 406014381
Phone (502) 5643070 Fax (502) 5642248

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