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).
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 153, sec. 2, effective June 29, 2021. — Amended
2020 Ky. Acts ch. 2, sec. 2, effective July 15, 2020. — Amended 2017 Ky. Acts ch.
85, sec. 1, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 1837, effective July 15, 2010. — Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 81, effective December 12, 1996. — Amended 1994 Ky. Acts ch. 181, Part 15, sec. 92, effective April 4, 1994. — Amended 1978 Ky. Acts ch. 102, sec. 7, effective June 17,
1978. — Created 1972 Ky. Acts ch. 78, sec. 5.