KRS § 342.650 — KY Code / Title XXVII / Chapter 342 / Section 342.650
342.650 Exemptions of particular classes of employees from coverage
Status: in_force

342.650 Exemptions of particular classes of employees from coverage.

The following employees are exempt from the coverage of this chapter:

(1) Any person employed as a domestic servant in a private home by an employer who

has less than two (2) employees each regularly employed forty (40) or more hours a

week in domestic servant employment;

(2) Any person employed, for not exceeding twenty (20) consecutive work days, to do

maintenance, repair, remodeling, or similar work in or about the private home of the

employer, or if the employer has no other employees subject to this chapter, in or

about the premises where that employer carries on his or her trade, business, or

profession;

(3) Any person performing services in return for aid or sustenance only, received from

any religious or charitable organization;

(4) Any person for whom a rule of liability for injury or death is provided by the laws

of the United States, except those persons covered under Title IV, Public Law 91-

173, 91st Congress, commonly referred to as the Black Lung Benefits of the Federal

Coal Mine Health and Safety Act of 1969, or as amended;

(5) Any person employed in agriculture;

(6) Any person who would otherwise be covered but who elects not to be covered in

accordance with the administrative regulations promulgated by the commissioner;

(7) Any person participating as a driver or passenger in a voluntary vanpool or carpool

program while that person is on the way to or from his or her place of employment.

For the purposes of this subsection, carpool or vanpool means any method by which

two (2) or more employees are transported from their residences to their places of

employment;

(8) Members of a religious sect or division that is an adherent of established tenets or

teachings by reason of which members are conscientiously opposed to acceptance of

the benefits of any public or private insurance which makes payments in the event

of death, disability, old age, or retirement, or makes payments toward the cost of, or

provides services for, medical bills, including the benefits of any insurance system

established by the Federal Social Security Act, 42 U.S.C. secs. 301 et seq., and it is

the practice, and has been for ten (10) or more years, for members of the sect or

division to make reasonable provision for their dependent members;

(9) Any licensed or unlicensed, commissioned, ordained or unordained, or lay minister

of religion who has no set oral or written agreement with a church or religious

organization to receive a fixed regular payment for services provided to the church

or who works no more than ten (10) hours per week;

(10) Any caretaker of a cemetery or property owned or operated by a church or religious

organization who provides general cleanup services, including but not limited to

mowing, raking, dusting, sweeping, and mopping which could be performed for

other individuals or organizations, who works no more than ten (10) hours per

week;

(11) A direct seller as defined in Section 3508(b)(2) of the Internal Revenue Code of

1986; and

(12) Any individual whose function is to provide behavior support services, behavior

programming services, case management services, community living support

services, positive behavior support services, or respite services through a

contractual relationship with a certified waiver provider, as defined in 907 KAR

7:005 sec. 1(5), pursuant to a 1915(c) home and community based services waiver

program, as defined in 907 KAR 7:005 sec. 1(2).