KY HB449

Employers who misclassify employees as independent contractors must pay the full amount of unpaid wages and overtime, plus an equal amount as liquidated damages, plus court costs and attorney's fees

Misclassified employees may bring private lawsuits or request the Department of Workplace Standards commissioner to pursue wage claims on their behalf, with employees of the same employer able to join in collective actions

Establishes a three-part "ABC test" for independent contractor status: the worker must be free from employer control, perform work outside the employer's usual business, and be customarily engaged in an independent trade or business

Repeals KRS 336.137, which previously established that marketplace platform contractors (such as gig workers) are not employees of the platform

Amends KRS Chapter 337 to add statutory definitions for "independent contractor" and "misclassified" to Kentucky wage and hour law