reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5 - Workers Compensation › 44-5,121 Same; cause of action to recover economic losses.

44-5,121.
Same; cause of action to recover economic losses.
(a) Any person who has suffered economic loss by a fraudulent or abusive act or practice shall have a cause of action against any other person to recover such loss which was paid as benefits or other amounts of money which were paid under the workers compensation act and to seek relief for other monetary damages from such other person based on a fraudulent or abusive act or practice, except that such other monetary damages shall not include damages for nonpecuniary loss. Relief under this section is to be predicated upon exhaustion of administrative remedies available in K.S.A. 44-1,520 and amendments thereto.
(b) Nothing in this section or K.S.A. 44-5,120 and amendments thereto shall prohibit an employer from exercising a right to reimbursement under K.S.A. 44-534a, 44-556 or 44-569a and amendments thereto.
History:
L. 1993, ch. 286, § 2; L. 1997, ch. 125, § 19; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5 - Workers Compensation › 44-5,122 Same; acts or practices constituting crimes, procedure; reporting alleged violations; review and investigation.

44-5,122. Same; acts or practices constituting crimes, procedure; reporting alleged violations; review and investigation.
(a) If the director or the assistant attorney general assigned to the division of workers compensation has probable cause to believe a fraudulent or abusive act or practice or any other violation of the workers compensation act is of such significance as to constitute a crime, a copy of any order, all investigative reports and any evidence in the possession of the division of workers compensation which relates to such act, practice or violation may be forwarded to the prosecuting attorney of the county in which the act or any of the acts were performed which constitute the fraudulent or abusive act or practice or other violation. Any case which a county or district attorney fails to prosecute within 90 days shall be returned promptly to the director. The assistant attorney general assigned to the division of workers compensation shall then notify the attorney general and if, in the opinion of the attorney general, the acts or practices involved warrant prosecution, the attorney general shall prosecute the case.
(b) Any person who believes a violation of the workers compensation act has been or is being committed may notify the division of workers compensation of the department of labor immediately after discovery of the alleged violation. The person shall send to the division of workers compensation, in a manner prescribed by the director, the information describing the facts of the alleged violation and such additional information relating to the alleged violation as the director may require. The director shall cause an evaluation of the facts surrounding the alleged violation to be made to determine the extent, if any, to which violations of the workers compensation act exist, which shall include a review and investigation by the assistant attorney general assigned to the division to the extent as may be deemed necessary to determine whether there has been a violation of the workers compensation act.
History:
L. 1993, ch. 286, § 3; L. 2000, ch. 160, § 23; L. 2004, ch. 179, § 21; L. 2017, ch. 81, § 7; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5 - Workers Compensation › 44-5,123 Same; immunity from civil liability for reporting information in good faith.

44-5,123.
Same; immunity from civil liability for reporting information in good faith.
No person shall be subject to civil liability by virtue of (a) the filing of reports or furnishing of other information, in good faith and without malice, required by K.S.A. 44-5,120 through 44-5,122 and amendments thereto or required by the director as a result of the authority conferred upon the director by law or (b) notifying the division of workers compensation of any alleged violation of the workers compensation act or providing information in the course of an investigation of an alleged violation of the workers compensation act where such person's actions were in good faith and without malice.
History:
L. 1993, ch. 286, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5 - Workers Compensation › 44-5,124 Assistant attorney general; appointment within division of workers compensation; duties.

44-5,124. Assistant attorney general; appointment within division of workers compensation; duties.
The attorney general shall appoint, with the approval of the secretary of labor, an assistant attorney general who shall be within the division of workers compensation of the department of labor and who shall receive an annual salary fixed by the attorney general with the approval of the secretary of labor and the governor. The operating expenditures for the assistant attorney general shall be financed by funds available for the administration of the workers compensation act. The duties of the assistant attorney general shall include directing or assisting in the investigation and administrative prosecution of alleged fraudulent or abusive acts or practices or other violations of K.S.A. 44-5,120 through 44-5,122, and amendments thereto, or of any other provisions of the workers compensation act, and in the investigation and referral to the attorney general for criminal prosecution of any such acts, practices or violations which constitute crimes.
History:
L. 1993, ch. 286, § 5; L. 2004, ch. 179, § 22; L. 2017, ch. 81, § 8; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5 - Workers Compensation › 44-5,126 Severability.

44-5,126. Severability.
(a) If any provisions of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
(b) This section shall be part of and supplemental to the workers compensation act.
History:
L. 2011, ch. 55, § 26; May 15.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5 - Workers Compensation › 44-5,127 Affidavit of exempt status; fraud; penalties.

44-5,127. Affidavit of exempt status; fraud; penalties.
(a) Any person who is not required to be covered under a workers compensation insurance policy or other plan for the payment of workers compensation may execute an affidavit of exempt status under the workers compensation act. The affidavit shall be a form prescribed by the commissioner of insurance. The affidavit shall be available on the web site of the department of insurance.
(b) Execution of the affidavit shall establish a rebuttable presumption that the executor is not an employee for purposes of the workers compensation act and that an individual or company possessing the affidavit is in compliance and therefore shall not be responsible for workers compensation claims made by the executor.
(c) The execution of an affidavit shall not affect the rights or coverage of any employee of the individual executing the affidavit.
(d) (1) Knowingly providing false information on a notarized affidavit of exempt status under the workers compensation act shall constitute a misdemeanor punishable by a fine not to exceed $1,000.
(2) Affidavits shall conspicuously state on the front thereof in at least 10 point, boldfaced print that it is a crime to falsify information on the form.
(3) The commissioner of insurance shall immediately notify the fraud unit in the department of insurance of any violations or suspected violations of this section. The commissioner of insurance shall cooperate with the fraud unit.
(e) The commissioner of insurance shall have the power to adopt all reasonable rules and regulations necessary to implement this section.
History:
L. 2011, ch. 55, § 27; May 15.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a03 Fraudulent representation.

44-5a03.
Fraudulent representation.
No compensation shall be payable for an occupational disease if the employee, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, fraudulently represents himself in writing as not having previously been disabled, laid off, or compensated in damages or otherwise, because of such disease.
History:
L. 1953, ch. 246, § 3; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a04 Disablement and disability defined; cancellation of award, when.

44-5a04.
Disablement and disability defined; cancellation of award, when.
(a) Except as otherwise provided in this act "disablement" means the event of an employee becoming actually incapacitated, partially or totally, because of an occupational disease, from performing the employee's work in the last occupation in which injuriously exposed to the hazards of such disease, and "disability" means the state of being so incapacitated.
(b) The administrative law judge may cancel the award and end the compensation if the administrative law judge finds that the employee:
(1) Has returned to work for the same employer in whose employ the employee was disabled or for another employer and is capable of earning the same or higher wages than the employee did at the time of the disablement, or is capable of gaining an income from any trade or employment which is equal to or greater than the wages the employee was earning at the time of the disablement;
(2) is absent and continues to be absent so that a reasonable examination cannot be made of the employee by a health care provider selected by the employer; or
(3) has departed beyond the boundaries of the United States.
History:
L. 1953, ch. 246, § 4; L. 1990, ch. 182, § 11; L. 1993, ch. 286, § 74; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a05 Workman or dependents not entitled to compensation, when.

44-5a05.
Workman or dependents not entitled to compensation, when.
A workman or his dependents shall not be entitled to compensation hereunder if it is proved that the disablement to the workman results from his deliberate intention to cause such disability, or from his willful failure to use a guard or protection against disablement required pursuant to any statute and provided for him, or a reasonable and proper guard and protection voluntarily furnished him by said employer, or solely from his intoxication.
History:
L. 1953, ch. 246, § 5; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a06 Date from which compensation is computed; employer liable.

44-5a06.
Date from which compensation is computed; employer liable.
The date when an employee or workman becomes incapacitated by an occupational disease from performing his work in the last occupation in which he was injuriously exposed to the hazards of such disease, shall be taken as the date of the injury equivalent to the date of accident under the workmen's compensation act. Where compensation is payable for an occupational disease, the employer in whose employment the employee or workman was last injuriously exposed to the hazards of such disease, and the insurance carrier, if any, on the risk when such employee was last so exposed under such employer, shall be liable therefor, without the right to contribution from any prior employer or insurance carrier; the amount of the compensation shall be based upon the average wages of the employee or workman when last so exposed under such employer, and the notice of disability and claim for compensation, as hereinafter required, shall be given and made to such employer: Provided, That in case of silicosis the only employer and insurance carrier liable shall be the last employer in whose employment the employee or workman was last injuriously exposed to the hazards of the disease during a period of sixty (60) days or more, and the insurance carrier, if any, on the risk when the employee or workman was last so exposed under such employer.
History: L. 1953, ch. 246, § 6; L. 1974, ch. 203, § 53; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a07 Securing payment of compensation; liability exclusive.

44-5a07.
Securing payment of compensation; liability exclusive.
An employer subject to the provisions of this act shall secure the payment of compensation in accordance with the provisions of this act in any method prescribed by the provisions of section 44-532 of the workmen's compensation law, and such insurance or other security may be separate and distinct from the insurance or other security under the workmen's compensation law. Where the foregoing requirement is complied with the liability of the employer under this act shall be exclusive and in place of any and all other civil liability whatsoever, at common law or otherwise.
History:
L. 1953, ch. 246, § 7; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a08 Rights of employer subrogated to insurance carrier.

44-5a08.
Rights of employer subrogated to insurance carrier.
When the obligation of the employer, under this act, is secured by insurance, the insurance carrier shall be subrogated to all the rights and privileges of the employer under the provisions of this act and of the workmen's compensation law so far as applicable.
History:
L. 1953, ch. 246, § 8; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a09 Silicosis defined.

44-5a09.
Silicosis defined.
Wherever used in this act, "silicosis" shall mean the characteristic fibrotic condition of the lungs caused by the inhalation of silica dust.
History:
L. 1953, ch. 246, § 9; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a10 Disability or death from silicosis; compensation rights.

44-5a10.
Disability or death from silicosis; compensation rights.
In the absence of conclusive evidence in favor of the claim, disability or death from silicosis shall be presumed not to be due to the nature of any occupation within the provisions of this act, unless during the ten (10) years immediately preceding the date of disablement the employee or workman has been exposed to the inhalation of silica dust over a period of not less than five (5) years, two (2) years of which shall have been in this state: Provided, however, That if the employee or workman shall have been employed by the same employer during the whole of such five-year period, his right to compensation against such employer shall not be affected by the fact that he had been employed during any part of such period outside of this state.
History:
L. 1953, ch. 246, § 10; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a13 Compensation for death from silicosis complicated with other disease; how paid.

44-5a13.
Compensation for death from silicosis complicated with other disease; how paid.
In case of disability or death from silicosis complicated with any other disease or from any other disease complicated with silicosis, the compensation payable under the workmen's compensation act shall be reduced as provided in subsection (d) of K.S.A. 44-5a01, as amended.
History: L. 1953, ch. 246, § 13; L. 1974, ch. 203, § 54; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a15 Waiver by employee affected with disease although not disabled; effect.

44-5a15.
Waiver by employee affected with disease although not disabled; effect.
Where an employee, though not actually disabled, is found to be affected by any occupational disease such employee may, subject to the approval of the director of workers' compensation be permitted to waive in writing full compensation for any aggravation of such condition that may result from continuing in the hazardous occupation. In the event of total disablement or death as a result of the disease with which the employee or worker was so affected, after such a waiver, compensation shall nevertheless be payable as herein elsewhere provided, but in no case, whether for disability or death or both, for longer than one hundred (100) weeks. A waiver so permitted shall remain effective, for the trade, occupation, process or employment for which executed notwithstanding a change or changes of employer. The director of workers' compensation shall make reasonable rules and regulations relative to the form, execution, filing, or registration and public inspection of waivers or records thereof.
History:
L. 1953, ch. 246, § 15; L. 1957, ch. 293, § 9; L. 1976, ch. 370, § 22; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a16 Dermatitis; disability after receiving compensation; effect.

44-5a16.
Dermatitis; disability after receiving compensation; effect.
A person who has suffered disability from dermatitis and has received compensation therefor shall not be entitled to compensation for disability from a later attack of dermatitis due to substantially the same cause, unless, immediately preceding the date of the later disablement, he has been engaged in the occupation to which the recurrence of the disease is ascribed and under the same employer for at least sixty (60) days.
History:
L. 1953, ch. 246, § 16; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a17 Notice of disease and filing of claim; deemed waived, when.

44-5a17.
Notice of disease and filing of claim; deemed waived, when.
Written notice of an occupational disease shall be given to the employer by the employee or workman or someone on his behalf within ninety (90) days after disablement therefrom, and in the case of death from such an occupational disease, written notice of such death shall also be given to the employer within ninety (90) days thereafter. Failure to give either of such notices shall be deemed waived unless objection is made at a hearing on the claim prior to any award or decision thereon. Actual knowledge of such disablement, by the employer in whose employment the employee or workman was last injuriously exposed, or by the responsible superintendent or foreman in charge of the work, shall be deemed notice within the meaning of this section. If no claim for disability or death from an occupational disease be filed with the workmen's compensation director or served on the employer within one (1) year from the date of disablement or death, as the case may be, the right to compensation for such disease shall be forever barred: Provided, however, That the failure to file or serve a claim within the time limited herein shall be deemed waived unless objection to such failure be made at a hearing on such claim before any award or decision thereon.
Notice or claim shall be deemed waived in case of disability or death where the employer or insurance carrier makes compensation payments therefor, or, within the time above limited, the employer or his insurance carrier by his or its conduct leads the employee or workman or claimant reasonably to believe that notice or claim has been waived.
The time limit prescribed by this section shall not apply in the case of an employee whose disablement or death is or was caused by latent or delayed pathological conditions, changes or malignancies due to the occupational exposure to X-rays, radium, radioactive substances or machines, or ionizing radiation: Provided, however, That no claims shall be allowed unless a claim has been filed within one year after the date upon which the employee first suffered incapacity from the exposure to radiation and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by his present or prior employment.
History: L. 1953, ch. 246, § 17; L. 1959, ch. 222, § 2; L. 1963, ch. 274, § 2; June 30.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a18 Autopsy; notice; findings; public record.

44-5a18.
Autopsy; notice; findings; public record.
Upon the filing or service of a claim for compensation for death from an occupational disease where an autopsy is necessary to accurately and scientifically ascertain and determine the cause of death, such autopsy shall be ordered by the director. Such autopsy shall be made under the supervision of a medical examiner appointed by the director. The medical examiner shall be a health care provider who is a specialist in such examinations. The medical examiner shall perform or attend such autopsy and shall certify the medical examiner's findings in a report of the autopsy. The report of autopsy shall be filed with the director and shall be a public record. The employer and claimants shall be given reasonable notice of such autopsy and each shall have the right to have a health care provider of the employer or claimant's own choosing present at the time. The director also may exercise such authority on the director's own motion or on application made to the director at any time, upon the presentation of facts showing that a controversy may exist in regard to the cause of death or the existence of any occupational disease.
History:
L. 1953, ch. 246, § 18; L. 1976, ch. 370, § 23; L. 1990, ch. 182, § 12; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a19 Award or denial of award reviewed, when.

44-5a19.
Award or denial of award reviewed, when.
An award or denial of award of or agreement for compensation for an occupational disease may be reviewed and compensation increased, reduced or terminated where previously awarded, or awarded where previously denied, only upon proof of fraud or under undue influence or of change in conditions, and then only upon application by a party in interest made not later than one (1) year after the denial of award, or where compensation has been awarded or agreed to be paid, after the award or the date when the last payment was made under the award or agreement, except in case of silicosis where such time limit shall be two (2) years.
History:
L. 1953, ch. 246, § 19; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a20 Act inapplicable, when.

44-5a20.
Act inapplicable, when.
This act shall not apply to cases of occupational disease in which the last injurious exposure to the hazards of such disease occurred before this act shall have taken effect.
History:
L. 1953, ch. 246, § 20; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a21 Rules and regulations.

44-5a21.
Rules and regulations.
The director of workers' compensation shall adopt such rules and regulations as necessary to carry out the intent and purposes of this act.
History:
L. 1953, ch. 246, § 21; L. 1976, ch. 370, § 24; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 5a - Occupational Diseases › 44-5a22 Act supplemental to workmen's compensation law.

44-5a22.
Act supplemental to workmen's compensation law.
This act shall be construed as supplementary to and as part of the workmen's compensation act of this state.
History:
L. 1953, ch. 246, § 22; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-601 Prescription of functions.

44-601.
Prescription of functions.
The secretary of labor shall have such power, authority and jurisdiction, and shall perform such duties as are in this act set forth.
History: L. 1920, ch. 29, § 2; L. 1921, ch. 261, § 1; R.S. 1923, 44-601; L. 1976, ch. 370, § 25; L. 2004, ch. 179, § 23; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-601b Same; children in industry; factory, workshop, mill and mine inspection.

44-601b.
Same; children in industry; factory, workshop, mill and mine inspection.
The secretary of labor shall have active charge of supervision of laws pertaining to children in industry, and the secretary is hereby given full jurisdiction over and control of factory, workshop and mill and mine inspection.
History:
L. 1939, ch. 294, § 4; L. 1975, ch. 256, § 6; L. 1976, ch. 370, § 99; L. 2004, ch. 179, § 24; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-603 Utilities and employments subject to supervision.

44-603.
Utilities and employments subject to supervision.
(a) The operation of the following named and indicated employments, industries, public utilities and common carriers is hereby determined and declared to be affected with a public interest and therefore subject to supervision by the state as herein provided for the purpose of preserving the public peace, protecting the public health, preventing industrial strife, disorder and waste, and securing regular and orderly conduct of the businesses directly affecting the living conditions of the people of this state and in the promotion of the general welfare, to wit:
(1) The manufacture or preparation of food products whereby, in any stage of the process, substances are being converted, either partially or wholly, from their natural state, to a condition to be used as food for human beings;
(2) The manufacture of clothing and all manner of wearing apparel in common use by the people of this state whereby, in any stage of the process, natural products are being converted, either partially or wholly, from their natural state to a condition to be used as such clothing and wearing apparel;
(3) The mining or production of any substance or material in common use as fuel either for domestic, manufacturing, or transportation purposes;
(4) The transportation of all food products and articles or substances entering into wearing apparel, or fuel, as aforesaid, from the place where produced to the place of manufacture or consumption;
(5) All public utilities as defined by K.S.A. 66-104, and all common carriers as defined by K.S.A. 66-105.
(b) Any person, firm or corporation engaged in any such industry or employment, or in the operation of such public utility or common carrier, within the state of Kansas, either in the capacity of owner, officer or worker, shall be subject to the provisions of this act, except as limited by the provisions of this act.
History:
L. 1920, ch. 29, § 3; January 24; R.S. 1923, 44-603.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-606 Continuity and efficiency in operation of industries.

44-606.
Continuity and efficiency in operation of industries.
It is hereby declared and determined to be necessary for the public peace, health and general welfare of the people of this state that the industries, employments, public utilities and common carriers herein specified shall be operated with reasonable continuity and efficiency in order that the people of this state may live in peace and security, and be supplied with the necessaries of life. No person, firm, corporation, or association of persons shall in any manner or to any extent, willfully hinder, delay, limit or suspend such continuous and efficient operation for the purpose of evading the purpose and intent of the provisions of this act; nor shall any person, firm, corporation, or association of persons do any act or neglect or refuse to perform any duty herein enjoined with the intent to hinder, delay, limit or suspend such continuous and efficient operation as aforesaid, except under the terms and conditions provided by this act.
History:
L. 1920, ch. 29, § 6; January 24; R.S. 1923, 44-606.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-608 Orders affecting hours, ways and conditions of employment; modification.

44-608.
Orders affecting hours, ways and conditions of employment; modification.
The secretary of labor shall order such changes, if any, as are necessary to be made in and about the conduct of such industry, employment, utility or common carrier, in the matters of working and living conditions, hours of labor, rules and practices, and a reasonable minimum wage, or standard of wages, to conform to the findings of the secretary of labor in such matters, as provided in this act, and such orders shall be served at the same time and in the same manner as provided for the service of the secretary's findings in this act. All such terms, conditions and wages shall be just and reasonable and such as to enable such industries, employments, utilities or common carriers to continue with reasonable efficiency to produce or transport their products or continue their operations and thus to promote the general welfare.
Service of such order shall be made in the same manner as service of notice of any hearing before the secretary of labor as provided by this act. Such terms, conditions, rules, practices, wages, or standard of wages, so fixed and determined by the secretary of labor and stated in the order, shall continue for such reasonable time as may be fixed by the secretary of labor, or until changed by agreement of the parties with the approval of the secretary of labor.
If either party to such controversy shall in good faith comply with any order of the secretary of labor for a period of 60 days or more, and shall find the order unjust, unreasonable or impracticable, the party may apply to the secretary of labor for a modification thereof and the secretary of labor shall hear and determine the application and make findings and orders in like manner and with like effect as originally. In such case the evidence taken and submitted in the original hearing may be considered.
History:
L. 1920, ch. 29, § 8; R.S. 1923, 44-608; L. 1976, ch. 370, § 27; L. 2004, ch. 179, § 26; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-609 Rights and contracts of parties.

44-609.
Rights and contracts of parties.
It is hereby declared necessary for the promotion of the general welfare that workers engaged in any of the industries, employments, utilities or common carriers shall receive at all times a fair wage and have healthful and moral surroundings while engaged in such labor; and that capital invested therein shall receive at all times a fair rate of return to the owners thereof. The right of every person to make such person's own choice of employment and to make and carry out fair, just and reasonable contracts and agreements of employment, is hereby recognized. If, during the continuance of any such employment, the terms or conditions of any such contract or agreement hereafter entered into, are by the secretary of labor, in any action or proceeding properly before the secretary under the provisions of this act, found to be unfair, unjust or unreasonable, the secretary may by proper order so modify the terms and conditions thereof so that they will be and remain fair, just and reasonable and all such orders shall be enforced as in this act provided.
History:
L. 1920, ch. 29, § 9; R.S. 1923, 44-609; L. 1976, ch. 370, § 28; L. 2004, ch. 179, § 27; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-610 Notice of investigation or hearing; publication.

44-610.
Notice of investigation or hearing; publication.
Before any hearing, trial or investigation shall be held by the secretary of labor, such notice as the secretary shall deem necessary shall be given to all parties interested by registered U.S. mail addressed to the parties to the post office of the usual place of residence or business of the interested parties when same is known, or by the publication of notice in some newspaper of general circulation in the county in which the industry or employment, or the principal office of such utility or common carrier is located, and the notice shall fix the time and place of the investigation or hearing. The costs of publication shall be paid by the secretary out of any funds available therefor. Such notice shall contain the substance of the matter to be investigated, and shall notify all persons interested in the matter to be present at the time and place named to give such testimony or to take such action as they may deem proper.
History:
L. 1920, ch. 29, § 10; R.S. 1923, 44-610; L. 1976, ch. 370, § 29; L. 2004, ch. 179, § 28; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-611 Powers in investigations.

44-611.
Powers in investigations.
The secretary of labor shall have the power and authority to issue summons and subpoenas and compel the attendance of witnesses and parties and to compel the production of the books, correspondence, files, records, and accounts of any industry, employment, utility or common carrier, or of any person, corporation, association or union of employees affected, and to make any and all investigations necessary to ascertain the truth in regard to the controversy. In case any person shall fail or refuse to obey any summons or subpoena issued by the secretary after due service then and in that event the secretary is hereby authorized and empowered to take proper proceedings in any court of competent jurisdiction to compel obedience to such summons or subpoena.
History:
L. 1920, ch. 29, § 11; R.S. 1923, 44-611; L. 1976, ch. 370, § 30; L. 2004, ch. 179, § 29; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-612 Judicial review of secretary's actions.

44-612.
Judicial review of secretary's actions.
Any action of the secretary of labor pursuant to K.S.A. 44-601 through 44-628, and amendments thereto, is subject to review and enforcement by the supreme court in accordance with the Kansas judicial review act. Any such review shall take precedence over other civil cases before the court, and the hearing and determination of the action shall be expedited as fully as may be possible consistent with a careful and thorough trial and consideration of the matter.
History:
L. 1920, ch. 29, § 12; R.S. 1923, 44-612; L. 1976, ch. 370, § 31; L. 1986, ch. 318, § 58; L. 2004, ch. 179, § 30; L. 2010, ch. 17, § 74; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-614 Labor unions; collective bargaining.

44-614.
Labor unions; collective bargaining.
Any union or association of workers engaged in the operation of such industries, employments, public utilities or common carriers, which shall incorporate under the laws of this state shall be considered and recognized in all its proceedings as a legal entity by the secretary of labor and may appear before the secretary through and by its proper officers, attorneys or other representatives. The right of such corporations, and of such unincorporated unions or associations of workers, to bargain collectively for their members is hereby recognized. The individual members of such unincorporated unions or associations, who shall desire to avail themselves of such right of collective bargaining, shall appoint in writing some officer or officers of such union or association, or some other person or persons as their agents or trustees with authority to enter into such collective bargains and to represent the individuals in all matters relating thereto. Such written appointment of agents or trustees shall be made a permanent record of such union or association. All such collective bargains, contracts, or agreements shall be subject to the provisions of K.S.A. 44-609, and amendments thereto.
History:
L. 1920, ch. 29, § 14; R.S. 1923, 44-614; L. 1976, ch. 370, § 32; L. 2004, ch. 179, § 31; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-615 Unlawful acts against witnesses and litigants.

44-615.
Unlawful acts against witnesses and litigants.
It shall be unlawful for any person, firm or corporation to discharge any employee or to discriminate in any way against any employee because of the fact that any such employee may testify as a witness before the secretary of labor, or shall sign any complaint or shall be in any way instrumental in bringing to the attention of the secretary of labor any matter of controversy between employers and employees as provided herein.
It shall also be unlawful for any two or more persons, by conspiring or confederating together, to injure in any manner any other person or persons, or any corporation, in their, or its business, labor, enterprise, or peace and security, by boycott, by discrimination, by picketing, by advertising, by propaganda, or other means, because of any action taken by any such person or persons, or any corporation, under any order of the secretary of labor, or because of any action or proceeding instituted before the secretary, or because any such person or persons, or corporation, shall have invoked the jurisdiction of the secretary in any matter provided for herein.
History:
L. 1920, ch. 29, § 15; R.S. 1923, 44-615; L. 1976, ch. 370, § 33; L. 2004, ch. 179, § 32; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-616 Business operations; limitation or cessation, hearings; changing conditions.

44-616.
Business operations; limitation or cessation, hearings; changing conditions.
It shall be unlawful for any person, firm, or corporation engaged in the operation of any such industry, employment, utility, or common carrier willfully to limit or cease operations for the purpose of limiting production or transportation or to affect prices, for the purpose of avoiding any of the provisions of this act, except that any person, firm or corporation so engaged may apply to the secretary of labor for authority to limit or cease operations, stating the reasons thereof the secretary shall hear such application promptly in accordance with the provisions of the Kansas administrative procedure act, and if such application is found to be in good faith and meritorious, the secretary shall grant authority to limit or cease operations.
In all such industries, employments, utilities or common carriers in which operation may be ordinarily affected by changes in season, market conditions, or other reasons or causes inherent in the nature of the business, the secretary may, upon application and after notice to all interested parties, and investigation, as herein provided, make orders fixing rules, regulations and practices to govern the operation of such industries, employments, utilities or common carriers for the purpose of securing the best service to the public consistent with the rights of employers and employees engaged in the operation of such industries, employments, utilities or common carriers.
History:
L. 1920, ch. 29, § 16; R.S. 1923, 44-616; L. 1976, ch. 370, § 34; L. 1988, ch. 356, § 142; L. 2004, ch. 179, § 33; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-617 Violations of act; quitting employment; picketing; intimidation.

44-617.
Violations of act; quitting employment; picketing; intimidation.
It shall be unlawful for any person, firm or corporation, or for any association of persons, to do or perform any act forbidden, or to fail or refuse to perform any act or duty enjoined by the provisions of this act, or to conspire or confederate with others to do or perform any act forbidden, or to fail or refuse to perform any act or duty enjoined by the provisions of this act, or to induce or intimidate any person, firm or corporation engaged in any of said industries, employments, utilities or common carriers to do any act forbidden, or to fail or refuse to perform any act or duty enjoined by the provisions of this act, for the purpose or with the intent to hinder, delay, limit, or suspend the operation of any of the industries, employments, utilities or common carriers herein specified or indicated, or to delay, limit, or suspend the production or transportation of the products of such industries, or employments, or the service of such utilities or common carriers: Provided, That nothing in this act shall be construed as restricting the right of any individual employee engaged in the operation of any such industry, employment, public utility, or common carrier to quit his employment at any time, but it shall be unlawful for any such individual employee or other person to conspire with other persons to quit their employment or to induce other persons to quit their employment for the purpose of hindering, delaying, interfering with, or suspending the operation of any of the industries, employments, public utilities, or common carriers governed by the provisions of this act, or for any person to engage in what is known as "picketing," or to intimidate by threats, abuse or in any other manner, any person or persons with intent to induce such person or persons to quit such employment, or for the purpose of deterring or preventing any other person or persons from accepting employment or from remaining in the employ of any of the industries, employments, public utilities, or common carriers governed by the provisions of this act.
History:
L. 1920, ch. 29, § 17; January 24; R.S. 1923, 44-617.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-618 Penalties for violating K.S.A. 44-601 through 44-628.

44-618.
Penalties for violating K.S.A. 44-601 through 44-628.
Any person willfully violating the provisions of this act, or any valid order of the secretary of labor, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction of this state shall be punished by a fine of not to exceed $1,000, or by imprisonment in the county jail for a period of not to exceed one year, or by both such fine and imprisonment.
History:
L. 1920, ch. 29, § 18; R.S. 1923, 44-618; L. 1976, ch. 370, § 35; L. 2004, ch. 179, § 34; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-619 Inducing violation of act or orders; penalty.

44-619.
Inducing violation of act or orders; penalty.
Any officer of any corporation engaged in any of the industries, employments, utilities or common carriers herein named and specified, or any officer of any labor union or association of persons engaged as workers in any such industry, employment, utility or common carrier, or any employer of labor, coming within the provisions of this act, who shall willfully use the power, authority or influence incident to such person's official position, or position as an employer of others, and by such means shall intentionally influence, impel, or compel any other person to violate any of the provisions of this act, or any valid order of the secretary of labor, shall be deemed guilty of a felony and upon conviction thereof in any court of competent jurisdiction shall be punished by a fine not to exceed $5,000, or by imprisonment in the custody of the secretary of corrections for a term not to exceed two years, or by both such fine and imprisonment.
History:
L. 1920, ch. 29, § 19; R.S. 1923, 44-619; L. 1976, ch. 370, § 36; L. 1990, ch. 309, § 32; L. 2004, ch. 179, § 35; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-620 Emergency control and operation.

44-620.
Emergency control and operation.
In case of the suspension, limitation or cessation of the operation of any of the industries, employments, public utilities or common carriers affected by this act, contrary to the provisions hereof, or to the orders of the secretary of labor made hereunder, if it shall appear to the secretary that such suspension, limitation, or cessation shall seriously affect the public welfare by endangering the public peace, or threatening the public health, then the secretary is hereby authorized, empowered and directed to take proper proceedings in any court of competent jurisdiction of this state to take over, control, direct and operate such industry, employment, public utility or common carrier during such emergency. A fair return and compensation shall be paid to the owners of such industry, employment, public utility or common carrier and also a fair wage to the workers engaged therein, during the time of such operation under the provisions of this section.
History:
L. 1920, ch. 29, § 20; R.S. 1923, 44-620; L. 1976, ch. 370, § 37; L. 2004, ch. 179, § 36; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-621 Controversies between employer and employee; authority of secretary.

44-621.
Controversies between employer and employee; authority of secretary.
When any controversy shall arise between employer and employee as to wages, hours of employment, or working or living conditions, in any industry not hereinbefore specified, the parties to such controversy may, by mutual agreement, and with the consent of the secretary of labor, refer the same to the secretary for findings and orders. Such agreement of reference shall be in writing, signed by the parties thereto; whereupon the secretary shall proceed to investigate, hear, and determine the controversy as in other cases, and in such case the findings and orders of the secretary as to the controversy shall have the same force and effect as though made in any essential industry as herein provided.
History:
L. 1920, ch. 29, § 21; R.S. 1923, 44-621; L. 1976, ch. 370, § 38; L. 2004, ch. 179, § 37; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-622 Evidence taking; examiner, appointment, qualifications, authority.

44-622.
Evidence taking; examiner, appointment, qualifications, authority.
The secretary of labor may appoint a person, or persons, having a technical knowledge of bookkeeping, engineering, or other technical subjects involved in any inquiry in which the secretary of labor is engaged, as an examiner for the purpose of taking evidence with relation to such subject. The examiner when appointed shall take an oath to well and faithfully perform the duties imposed upon such examiner, and shall thereafter have the same power to administer oaths, compel the production of evidence, and the attendance of witnesses as the secretary of labor would have if sitting in the same matter. The examiner shall receive such compensation as may be provided by law or as fixed by the secretary.
History:
L. 1920, ch. 29, § 22; R.S. 1923, 44-622; L. 1976, ch. 370, § 39; L. 2004, ch. 179, § 38; July 1.