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.
Notes of Decisions
Abel Verdon Constr. v. Rivera, 348 S.W.3d 749 (Ky. 2011).
· cites it 4× “It states, in pertinent part as follows: The following shall constitute employees subject to the provisions of this chapter, except as exempted under KRS 342.650: (1) Every person, including a minor, whether lawfully or unlawfully employed, in the service of an employer under…”
Kentucky Harlan Coal Co. v. Holmes, 872 S.W.2d 446 (Ky. 1994).
· cites it 2× “The standard, equating to equal protection, was similarly met in the agricultural exclusion provided in the Workers' Compensation Act (KRS 342.650), which did not violate federal or state equal protection by classifying agriculture workers differently from workers in other…”
Wright v. Fardo, 587 S.W.2d 269 (Ky. Ct. App. 1979).
· cites it 5× “640 lists the coverage of employees; and KRS 342.650 contains those employees exempt from coverage.”
Hubbard v. Henry, 231 S.W.3d 124 (Ky. 2007).
· cites it 3× “Moreover, he did not fall within any of the exceptions to coverage found in KRS 342.650. Having determined that the claimant was entitled to an award of medical benefits, temporary total disability benefits, and perhaps permanent disability benefits, the Board remanded the claim…”
Anderson v. Homeless & Hous. Coa, 135 S.W.3d 405 (Ky. 2004).
· cites it 9× “640 provides, in pertinent part, as follows: The following shall constitute employees subject to the provisions of this chapter, except as exempted under KRS 342.650: (1) Every person, including a minor, whether lawfully or unlawfully employed, in the service of an employer…”
Haney v. Butler, 990 S.W.2d 611 (Ky. 1999).
· cites it 3× “Second, is the question of whether the ALJ was compelled to determine that this claim was exempted from coverage pursuant to KRS 342.650 because a rule of liability was provided by federal law.”
Mullins v. Manning Coal Corp., 938 S.W.2d 260 (Ky. 1997).
“640(1) states: The following shall constitute employees subject to the provision of this chapter, except as exempted under KRS 342.650: (1) Every person, including a minor, whether lawfully or unlawfully employed, in the service of an employer under any contract of hire or…”
Homestead Fam. Farm v. Perry, 506 S.W.3d 325 (Ky. Ct. App. 2016).
· cites it 3× “Similarly, KRS 342.650(5) provides that a “person employed in agriculture” is not covered by the Act.”
Roberts ex rel. Roberts v. George W. Hill & Co., 23 S.W.3d 635 (Ky. 2000).
· cites it 2× “640 provides: The following shall constitute employees subject to the provisions of this chapter, except as exempted under KRS 342.650: (1) Every person, including a minor, whether lawfully or unlawfully employed, in the service of an employer under any contract of hire or…”
Honaker v. Duro Bag Mfg. Co., 851 S.W.2d 481 (Ky. 1993).
“640 Coverage of employes The following shall constitute employes subject to the provisions of this Chapter, except as exempted under KRS 342.650: (1) Every person, including a minor, whether lawfully or unlawfully employed, in the service of an employer under any contract of…”
Fields v. Twin City Drive-In, 534 S.W.2d 457 (Ky. 1976).
“— The following shall constitute employes subject to the provisions of this chapter, except as exempted under KRS 342.650: (1) Every person, including a minor, whether lawfully or unlawfully employed, in the service of an employer under any contract of hire or apprenticeship,…”
— Ky. Rev. Stat. § 342.650(1) — 3 cases
— Ky. Rev. Stat. § 342.650(2) — 1 case
— Ky. Rev. Stat. § 342.650(3) — 2 cases
Anderson v. Homeless & Hous. Coa, 135 S.W.3d 405 (Ky. 2004).
“640 provides, in pertinent part, as follows: The following shall constitute employees subject to the provisions of this chapter, except as exempted under KRS 342.650: (1) Every person, including a minor, whether lawfully or unlawfully employed, in the service of an employer…”
— Ky. Rev. Stat. § 342.650(4) — 3 cases
Wright v. Fardo, 587 S.W.2d 269 (Ky. Ct. App. 1979).
“640 lists the coverage of employees; and KRS 342.650 contains those employees exempt from coverage.”
Haney v. Butler, 990 S.W.2d 611 (Ky. 1999).
“Second, is the question of whether the ALJ was compelled to determine that this claim was exempted from coverage pursuant to KRS 342.650 because a rule of liability was provided by federal law.”
— Ky. Rev. Stat. § 342.650(5) — 7 cases
Homestead Fam. Farm v. Perry, 506 S.W.3d 325 (Ky. Ct. App. 2016).
“Similarly, KRS 342.650(5) provides that a “person employed in agriculture” is not covered by the Act.”
— Ky. Rev. Stat. § 342.650(6) — 3 cases
Hubbard v. Henry, 231 S.W.3d 124 (Ky. 2007).
“Moreover, he did not fall within any of the exceptions to coverage found in KRS 342.650. Having determined that the claimant was entitled to an award of medical benefits, temporary total disability benefits, and perhaps permanent disability benefits, the Board remanded the claim…”
Roberts ex rel. Roberts v. George W. Hill & Co., 23 S.W.3d 635 (Ky. 2000).
“640 provides: The following shall constitute employees subject to the provisions of this chapter, except as exempted under KRS 342.650: (1) Every person, including a minor, whether lawfully or unlawfully employed, in the service of an employer under any contract of hire or…”
— Ky. Rev. Stat. § 342.650(7) — 2 cases
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