The 2026 Legislative Session is off to the races in Kentucky’s capitol (the racing pun was intended).
With it being a biennium budget year for the Commonwealth’s General Assembly, it promises to be a busy 60 days of proposing and passing legislation. And even though the Session remains in its early stages, there are several pieces of proposed legislation that will result in changes to Kentucky’s employment law and that employers should keep an eye on:
- HB 26 would impact Kentucky’s workers’ compensation law by expanding the definition of “injury” for the purposes of workers’ compensation claims for first responders (police, firefighters, EMS, National Guard). Notably, this would also including psychological injuries not directly tied to a physical injury.
- HB 62 would create a new section in state law expressly defining “unauthorized alien.” This bill would make the employment of individuals who meet this definition unlawful in the form of a Class A misdemeanor offense.
- HB 124 would require employers receiving government incentives or subsidies to pay a “living wage” (meaning a wage equivalent to or greater than 130% of the poverty level for the county in which the employee is physically located).
- HB 185 would require public-sector hiring and licensing authorities to create a formal application process which allows individuals with prior criminal convictions to determine before seeking public employment or an occupational license whether their previous criminal conviction would disqualify them from that employment. This law would also add specific criteria for evaluating convictions’ relevance to job or licensing decisions such as the nature and seriousness of the crime, the individual’s age when the crime was committed, and the length of time since the crime was committed. The law would also mandate written findings to applicants regarding the grounds and reason for denial of or disqualification from employment.
- HB 270 proposes to raise Kentucky’s minimum wage from the current level (which is currently in with federal law at $7.25) to $9.50 immediately upon its passage. Pursuant to the language of the proposed by bill, minimum wage in Kentucky will increase to $15.00 by 2030. This bill would also increase the wages for tipped employees. tipped employee wage.
- HB 306 would amend Kentucky’s criminal trespass statutes by revising and expanding how trespass is defined and punished. The bill proposes to add new definitions, broaden the elements of criminal trespass to include knowingly entering or remaining in a workplace while engaging in disruptive or threatening behavior after notice against trespass has been given, and increases penalties for repeat offenses of such behavior.
- HB 336 would allow local governments (cities and counties) to set their own minimum wages for employees working within their jurisdictions that are higher than the minimum wage set by state statute.
- HB 341 proposes a “Right to Disconnect” Workplace Policy that would require employers to adopt a policy letting employees disconnect from electronic communications outside work hours (such as email correspondence outside of regular work hours).
DBL Law’s Employment & Labor Practice Group will continue to monitor these pieces of legislation, as well as any others that may impact Kentucky’s employers. If you have any questions about proposed legislation and how they might impact your workplace, our team at DBL Law is ready to help.
