341.470 Protection of rights and benefits -- Representation in proceedings

473 words·~2 min read·/ky/341-470

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

before a referee or the commission.

(1)No agreement by a worker to waive, release, or commute his rights to benefits

or any other rights under this chapter shall be valid. No agreement by any

worker to pay any portion of a subject employer's contributions, required under

this chapter from such subject employer, shall be valid. No subject employer

shall directly or indirectly make or require or accept any deductions from wages

to finance the subject employer's contributions required of him. In cases

involving awards to a worker by an arbitrator, court, or other administrative

body or mediator, the secretary may require the employer to withhold benefits

paid under this chapter from the award and pay the amount withheld into the

unemployment insurance trust fund. All subject employers are required to notify

the Office of Unemployment Insurance prior to paying any back pay award.

(2)No worker claiming benefits shall be charged fees of any kind in any

proceeding under this chapter by the commission, the secretary, or his or her

representatives. Any worker claiming benefits in any proceeding before a

referee or the commission may represent himself or herself or may be

represented by counsel or other agent duly authorized by such worker and

shall be afforded the opportunity to participate in the proceeding without

restriction; but no counsel or agent shall either charge or receive for such

service more than an amount approved by the commission.

(a)Any employer in any proceeding before a referee or the commission may

represent himself or may be represented by counsel or other agent duly

authorized by such employer; and

(b)Any person appearing in any proceeding before a referee or the

commission who is an officer of, or who regularly performs in a

managerial capacity for, a corporation or partnership which is a party to

the proceeding in which the appearance is made shall be permitted to

represent such corporation or partnership and shall be afforded the

opportunity to participate in the proceeding without restriction.

(4)No assignment, pledge, or encumbrance of any right to benefits due or payable

under this chapter shall be valid; and such rights to benefits shall be exempt

from levy, execution, attachment, or any other remedy for the collection of debt.

Benefits received by any worker, as long as they are not mingled with other

funds of the recipient, shall be exempt from any remedy for the collection of all

debts except debts incurred for necessaries furnished to such worker or his

spouse or dependents during the time such worker was unemployed. No

waiver of any exemption provided for in this subsection shall be valid.

(5)The provisions of this section shall not be applicable to child support

deductions made in accordance with KRS 341.392 and withholding for federal

and state income tax in accordance with KRS 341.395.