Employment Law Report

Kentucky Unemployment Insurance Commission Will Not Enforce Nichols Decision Pending Appeal

By Courtney Samford

On June 25th , 2019, the Kentucky Unemployment Insurance Commission (“Commission”) announced a formal response to the Kentucky Court of Appeals’ holding in Nichols v. Kentucky Unemployment Insurance Commission that determined employers must have attorney representation during appeal hearings and proceedings.  The Commission has taken the position that while the case is on appeal before the Kentucky Supreme Court, “there will be no changes to the current practice of allowing representation by non-attorneys in these administrative proceedings.​​”