reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-766 Employers; misclassification of employee; penalty.

44-766. Employers; misclassification of employee; penalty.
(a) No person shall knowingly and intentionally misclassify an employee as an independent contractor for the sole or primary purpose of avoiding either state income tax withholding and reporting requirements or state unemployment insurance contributions reporting requirements.
(b) (1) Any person violating subsection (a) shall upon first violation be subject to a civil penalty in an amount computed in the manner prescribed in K.S.A. 79-3228, and amendments thereto.
(2) Any person violating subsection (a) upon a second violation shall be subject to a civil penalty computed as prescribed in paragraph (1) and in addition, upon conviction, shall be guilty of a class C nonperson misdemeanor.
(3) Any person violating subsection (a) upon a third or subsequent violation shall be subject to a civil penalty computed as prescribed in paragraph (1) and in addition, upon conviction, shall be guilty of a class A nonperson misdemeanor.
(c) Criminal violations of subsection (a) may be prosecuted by the attorney general or the district or county attorney for the county in which the violation occurred.
(d) Any civil penalty assessed hereunder shall be remitted to the secretary and deposited in the state treasury.
(e) Any penalty provided in this section shall be in addition to any other penalty and remedy that may otherwise be imposed under the employment security act and such remedies shall be cumulative.
(f) This section shall be part of and supplemental to the employment security law.
History:
L. 2006, ch. 118, § 2; L. 2011, ch. 81, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-769 Annual report on investigations on misclassification of employees.

44-769. Annual report on investigations on misclassification of employees.
On or before January 31 of each year, the secretary shall transmit annually to the standing committee on commerce of the senate and the standing committee on commerce and economic development of the house of representatives or any successor committee, a report, based on information received or developed by the department of labor concerning misclassification of employees and any investigations related thereto. Such report shall contain the following information for the preceding calendar year:
(a) The number of investigations initiated;
(b) the number of investigations which were closed:
(1) With no assessment being made;
(2) with assessment being made which includes the following information:
(A) An estimate of the amount of unreported payroll;
(B) an estimate of the unpaid taxes or taxes which have not been withheld on such unreported payroll amount;
(C) the amount of unpaid contributions or other amounts required to be paid under the employment security act related to such unreported payroll amount;
(D) the total amount of interest assessed;
(E) the total amount of penalties assessed; and
(F) the number of employers found to be employing undocumented workers;
(c) the total amounts collected for each of the categories listed in subsection (b).
History:
L. 2011, ch. 81, § 6; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-770 Report on employment refusal based on misconduct.

44-770. Report on employment refusal based on misconduct.
(a) Each employer shall submit a report to the secretary containing:
(1) The name and address of each job applicant who has been refused employment by reason of misconduct as such term is defined in K.S.A. 44-706(b)(2), and amendments thereto; and
(2) such other information which may be required by the secretary.
(b) The report required by subsection (a) shall be submitted on a form prescribed by the secretary. Such report shall be submitted in a manner prescribed by the secretary.
(c) The secretary may adopt rules and regulations as are necessary to carry out the provisions of this section.
(d) The secretary may use any report received pursuant to this section to determine eligibility for unemployment benefits.
(e) This section shall be a part of and supplemental to the employment security law.
History:
L. 2013, ch. 80, § 3; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-773 Tax consequences information for claimants to be provided by secretary.

44-773. Tax consequences information for claimants to be provided by secretary.
(a) The secretary of labor shall include information on an unemployment insurance benefit claimant's initial notice of determination that informs the claimant of the federal and state tax consequences of any unemployment compensation benefits that the claimant may receive. This information shall include an explanation regarding the department of labor income tax withholding agreement form designated as K-BEN 233 or a successor form, tax withholding elections and the tax withholding process and estimated weekly and maximum claim year federal and state tax withholding amounts.
(b) This section shall be a part of and supplemental to the employment security law.
History:
L. 2021, ch. 92, § 3; May 13.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-774 Posting of trust fund computations and data by secretary.

44-774. Posting of trust fund computations and data by secretary.
(a) The secretary of labor shall post trust fund computations and data as required by subsection (b) on a publicly accessible website maintained by the secretary as follows:
(1) The secretary shall post and maintain certified computations and data for each of the most recent 20 fiscal years within 120 days of the effective date of this act; and
(2) for the fiscal year beginning on July 1, 2021, and each fiscal year thereafter, the secretary shall certify and post the trust fund computations and data for the fiscal year to the website on or before December 1 following the end of such fiscal year.
(b) The computations and data to be posted shall include:
(1) Distributions of taxable wages by experience factor for each state fiscal year including the following information:
(A) The rate group;
(B) the reserve ratio lower limit;
(C) the number of accounts;
(D) the taxable wages by fiscal year;
(E) a summary of active positive eligible accounts with the number of accounts and fiscal year taxable wages;
(F) a summary of active ineligible accounts with the number of accounts and fiscal year taxable wages;
(G) a summary of active negative accounts with the number of accounts and fiscal year taxable wages; and
(H) a summary of terminated and inactive accounts with the number of accounts and fiscal year taxable wages; and
(2) an average high cost benefit rate summary, including:
(A) The average high cost benefit rate currently in effect; and
(B) the benefit cost rate for the fiscal years used to calculate the average high benefit cost rate.
(c) This section shall be a part of and supplemental to the employment security law.
History:
L. 2021, ch. 92, § 4; May 13.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-776 Annual report by secretary concerning the employment security fund; recommendations; expiration of section.

44-776. Annual report by secretary concerning the employment security fund; recommendations; expiration of section.
(a) On or before January 31 of each calendar year, the secretary of labor shall transmit to the standing committee on commerce of the senate and the standing committee on commerce, labor and economic development of the house of representatives or any successor committee, a report, based on information received or developed by the department of labor, concerning the employment security trust fund, unemployment benefit claims and employer contributions to the employment security trust fund. Such report shall contain the following information:
(1) The amount of claims for the 12-month period ending on June 30 of the previous calendar year;
(2) the actual and projected amount of claims for the 12-month period beginning on July 1 of the previous calendar year;
(3) the amount of employer contributions for the 12-month period ending on June 30 of the previous calendar year and current employer contribution rates;
(4) the actual and projected amount of employer contributions for the 12-month period beginning on July 1 of the previous calendar year and ending on June 30 of the current calendar year and projected employer contribution rates for the next succeeding calendar year;
(5) the balance of the employment security trust fund on June 30 of the previous calendar year and the current balance of the fund; and
(6) the projected balance of the employment security trust fund on June 30 of the current calendar year and on January 1 of the next succeeding calendar year.
(b) In arriving at the amount of employer contributions to the employment security trust fund pursuant to subsection (a)(3), and the projected amount of employer contributions pursuant to subsection (a)(4), contributions paid or projected to be paid on or before July 31 following the respective 12-month period ending date of June 30 shall be considered.
(c) The secretary may include in the report any recommendations of the secretary regarding changes in contribution rates or the contribution rate tables. If the secretary makes recommendations, the secretary shall include projections of changes to employer contribution rates and to the balance of the employment security trust fund if the secretary's recommendations were adopted by the legislature.
(d) The provisions of this section shall expire on February 1, 2024.
(e) This section shall be a part of and supplemental to the employment security law.
History:
L. 2021, ch. 92, § 7; May 13.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-801 Certain labor organizations prohibited from being representative unit for the purpose of collective bargaining.

44-801.
Certain labor organizations prohibited from being representative unit for the purpose of collective bargaining.
No labor organization of any kind, agency or representative committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or any other conditions of work, shall be the representative unit for the purpose of collective bargaining in the state of Kansas in any of the trades, crafts, skilled and unskilled, work, labor or employment of any kind or capacity, which in any manner discriminates against, or bars, or excludes from its membership any person because of race, color or sex: Provided, That the provisions of this act shall not apply to labor organizations within the provisions of 48 U.S. Statutes 1186 and 49 U.S. Statutes 1189, title 45, sections 151 to 188, both inclusive.
History: L. 1941, ch. 265, § 1; L. 1975, ch. 256, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-802 Definitions.

44-802.
Definitions.
The following terms, when used in this act, shall have the meaning ascribed to them in this section:
(1) The term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
(2) The term "business agent" as used herein shall mean any authorized person, without regard to title, who is a full-time official of a labor organization and whose principal duties are to act or attempt to act for a labor organization in collective bargaining and other contract negotiations, in servicing existing contracts, or in organizing employees into collective bargaining units.
(3) The term "collective bargaining unit" shall mean all the employees of one employer which are employed within the state where a majority of whom have voted by secret ballot as provided and in accordance with rules set up in K.S.A. 44-816 to organize themselves into a collective bargaining unit, except that where a majority of the employees engaged in a single craft, division, department or plant shall have voted to constitute such group a separate bargaining unit they shall be so considered.
(4) The word "person" when used in this act shall mean and apply to every individual, association, partnership, corporation, employer, employee, collective bargaining unit, labor organization or business agent.
(5) The term "all-union agreement" shall mean an agreement between an employer and his employees or the duly authorized representative of his employees in a collective bargaining unit whereby all or any of the employees in such unit are required as a condition of continued employment to become or remain members of a single labor organization on or after the sixtieth day following the beginning of such employment or the effective date of such agreement whichever is the later.
History:
L. 1943, ch. 191, § 1; L. 1955, ch. 252, § 1; L. 1974, ch. 207, § 2; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-803 Rights of employees.

44-803.
Rights of employees.
Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection, and such employees shall also have the right to refrain from any or all such activities.
History:
L. 1943, ch. 191, § 2; May 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-804 Registration of business agents; annual fee.

44-804.
Registration of business agents; annual fee.
(a) Every person, desiring to operate as a business agent in the state of Kansas, shall, before doing so, obtain a registration certificate from the secretary of state by filing an application therefor, accompanied by a registration fee of $12.50.
(b) No person shall be issued a registration certificate unless:
(1) The applicant is a citizen of the United States;
(2) the name and address of the applicant and the length of the applicant's residence in the state of Kansas are stated in the application; and
(3) the application is accompanied by a statement signed by the president and secretary of the labor organization for whom the applicant will act as business agent, showing the applicant's authority to do so.
(c) Unless it has been surrendered, suspended or revoked at an earlier date, the registration certificate shall be valid for the calendar year in which it was obtained and shall expire on December 31 or, for registration certificates obtained after December 31, 1982, each such registration certificate may be valid for the fiscal year of the labor organization represented by the business agent in which the certificate was obtained and shall expire on the last day of such fiscal year.
History:
L. 1943, ch. 191, § 3; L. 1974, ch. 207, § 3; L. 1982, ch. 363, § 6; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-805 Filing copy of constitution and bylaws and amendments.

44-805.
Filing copy of constitution and bylaws and amendments.
Every labor organization desiring to operate in or which has a business agent operating in the state of Kansas shall, before doing so, file a copy of its constitution and bylaws with the secretary of state, but this provision shall not be construed to require the filing of any secret ritual relating solely to the initiation or reception of members. All changes or amendments to the constitution or bylaws adopted subsequent to their original filing must be filed with the secretary of state within thirty (30) days after the adoption thereof.
History:
L. 1943, ch. 191, § 4; L. 1974, ch. 207, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-806 Annual report; form and content; alternative filing of federal reports; fee.

44-806.
Annual report; form and content; alternative filing of federal reports; fee.
(a) Every labor organization operating in the state of Kansas and having 100 or more members shall file an annual report in writing with the secretary of state on or before April 15, showing the condition of such labor organization at the close of business on the December 31 next preceding the date of filing or at the close of business on the last day of the organization's fiscal year next preceding the date of filing. The secretary of state may upon showing of reasonable cause grant an extension of time for filing.
(b) The annual report shall be in such form as the secretary of state may prescribe, and shall show the following facts:
(1) The name of the labor organization;
(2) the location and mailing address of its office;
(3) the name and title of each of its officers and registered business agents, together with the salaries, wages, bonuses, and other remuneration paid each, and the mailing address of each;
(4) the date of the regular election of officers of such labor organization;
(5) the rate of its initiation fees, dues, assessments and any other charges against its members; and
(6) an audited statement of the income, expenditures, assets and liabilities of the labor organization.
(c) In lieu of filing an annual report in the form prescribed by the secretary of state under subsection (b) of this section, the labor organization may file copies of the reports required to be filed with the United States department of labor by the labor management reporting and disclosure act of 1959, 29 U.S.C.A. § 431, et seq., as follows:
(1) By having on file with the secretary of state a copy of the labor organization information report form LM-1 which is currently on file with the United States department of labor; and
(2) by filing annually as required in subsection (a) of this section, a copy of the labor organization annual report form LM-2 or form LM-3 which is filed with the United States department of labor and covers a reporting period specified in subsection (a).
(d) At the time of filing the annual report it shall be the duty of every such labor organization to pay the secretary of state an annual fee therefor in the sum of $5.
History: L. 1943, ch. 191, § 5; L. 1974, ch. 207, § 5; L. 1980, ch. 150, § 1; L. 1982, ch. 363, § 7; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-806a Penalties for failure to file constitution, bylaws or annual report; cause of action to collect.

44-806a.
Penalties for failure to file constitution, bylaws or annual report; cause of action to collect.
(a) In case any labor organization which is required to file a copy of its constitution or bylaws or amendments or changes therein under K.S.A. 44-805, and amendments thereto, or to file an annual report under K.S.A. 44-806, and amendments thereto, shall fail or neglect to make such filing at the time prescribed, such labor organization shall be subject to a civil penalty of $100, and, if such labor organization shall not have made such filing within 60 days thereafter, it shall be subject to an additional civil penalty of $5 per day for each day's omission after the time limited in such statutes for making such filing and such sixty-day period. Such civil penalties may be recovered by an action in the name of the state, and all moneys recovered shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. Any labor organization shall have the right to be heard by the secretary of state upon the matter of determination of the amount of civil penalties due under this section. For good cause shown, the secretary of state may remit or waive all or any part of any such civil penalties.
(b) On complaint of the secretary of state that any labor organization has failed to make the filing required by said statutes, it shall be the duty of the county or district attorney, or the attorney general, to institute such action in the district court of Shawnee county, Kansas, or of any county in which such labor organization has an office.
History:
L. 1974, ch. 207, § 1; L. 2001, ch. 5, § 143; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-807 Records kept by secretary of state; availability.

44-807.
Records kept by secretary of state; availability.
The secretary of state shall prepare and keep a register or proper record showing the date of filing of the application provided for in K.S.A. 44-804, the name of the licensee, and of the labor organization for whom he will act as agent, and shall receive, file and properly index the documents provided for in K.S.A. 44-805 and 44-806. The records provided for herein shall be made available by the secretary of state to all persons for examination and taking of copies.
History:
L. 1943, ch. 191, § 6; May 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-808 Unlawful acts of employer.

44-808.
Unlawful acts of employer.
It shall be unlawful for any employer
(1) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in K.S.A. 44-803: Provided, however, That no provision of this act shall be so construed as to deprive that employer of his right of "free speech" as guaranteed by both the state and federal constitutions.
(2) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay.
(3) To refuse to furnish, upon written request of any employee whose services have been terminated, a service letter setting forth the tenure of employment, occupational classification and wage rate paid the employee.
(4) To discharge or otherwise discriminate against an employee because he has brought action or given information or testimony in good faith under the provisions of this act.
(5) To deduct labor organization dues or assessments from an employee's earnings, unless the employer has an individual order therefor, presented and signed by the employee personally, and terminable at the end of any year of its life by the employee giving at least thirty (30) days' written notice of such termination.
(6) To employ any person to spy upon employees or their representatives respecting their exercise of any right created or approved by this act.
History:
L. 1943, ch. 191, § 7; L. 1955, ch. 252, § 2; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-809a Certain acts unlawful and against public policy; construction.

44-809a.
Certain acts unlawful and against public policy; construction.
It shall be unlawful and against public policy for any person to engage in, or to induce or encourage the employees of any employer to engage in a strike or a concerted refusal in the course of their employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services, where an object thereof is:
(1) Forcing or requiring any employer or self-employed person to join any labor or employer organization or any employer or other person to cease using, selling, handling, transporting, or otherwise dealing in livestock, farm or dairy products, or in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person;
(2) forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of his employees unless such labor organization has been selected as the representative of the collective bargaining unit for the employees of such employer;
(3) forcing or requiring any employer to recognize or bargain with a particular labor organization as the representative of his employees if another labor organization has been selected as the representative of the collective bargaining unit for the employees of such employer;
(4) forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft, or class rather than to employees in another labor organization or in another trade, craft, or class, unless such employer is failing to conform to an agreement with the bargaining unit for the employees of such employer:
Provided, That nothing in this section shall be construed to prevent an individual from quitting his employment at any time: Provided further, That nothing contained in this section shall be construed to make unlawful a refusal by any person to enter upon the premises of any employer (other than his own employer), if the employees of such employer are engaged in a strike ratified or approved by a representative of a collective bargaining unit which such employer is required to recognize under this act: Provided further, That nothing in this section shall prohibit the extension of picketing or other legitimate labor union activity to the plant or premises of another employer if the employer with whom a labor union is engaged in a direct legitimate dispute shall subcontract to such other employer any portion of his production in an attempt to avoid the consequences of labor activity in such dispute.
History:
L. 1955, ch. 252, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-810 Action to suspend or revoke license of business agent.

44-810.
Action to suspend or revoke license of business agent.
An action shall be commenced by the attorney general or the county attorney of any county of the state on complaint of any interested party, for the suspension or revocation of the license of any business agent for the violation of any of the provisions of this act. Said action may be commenced in the district court of the county of residence of such business agent or of the county in which such violations occurred. Such action shall be heard by the court without a jury and the code of civil procedure shall apply in such proceedings. The court may suspend such license for such time as in its judgment is deemed best, or may revoke such license.
History:
L. 1943, ch. 191, § 9; May 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-811 Action by or against unincorporated organization.

44-811.
Action by or against unincorporated organization.
An action or suit may be maintained by or against any unincorporated labor organization in its commonly used name. All process, pleadings, and other papers in such action may be served on the president or other officer, business agent, manager or person in charge of the business of such labor organization. Judgment in such action may be enforced against the common property only, of such labor organization.
History: L. 1943, ch. 191, § 10; May 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-811a Purchasing and conveying of real estate by unincorporated labor organization.

44-811a.
Purchasing and conveying of real estate by unincorporated labor organization.
Any labor organization, as defined in K.S.A. 44-802, that is unincorporated may purchase and convey real estate upon the signatures of the president, secretary and trustees of such labor organization.
History:
L. 1978, ch. 195, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-812 Fees to state general fund.

44-812.
Fees to state general fund.
All fees collected by the secretary of state hereunder shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History:
L. 1943, ch. 191, § 11; L. 2001, ch. 5, § 144; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-813 Certain rights protected.

44-813.
Certain rights protected.
Except as specifically provided in this act, nothing therein shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work; nor shall anything in this act be so construed as to invade unlawfully the right to freedom of speech.
History:
L. 1943, ch. 191, § 12; May 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-814 Violations of act; injunctions.

44-814.
Violations of act; injunctions.
Any person violating the provisions of this act shall not be guilty of a criminal offense except as otherwise provided by law, but may be enjoined by the attorney general or the county attorney of the proper county or any aggrieved party from violating the provisions thereof by action in the district court of the proper county.
History:
L. 1943, ch. 191, § 13; L. 1955, ch. 252, § 5; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-815 Invalidity of part.

44-815.
Invalidity of part.
If any provision 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 the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History:
L. 1943, ch. 191, § 14; May 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-816 Rules and regulations.

44-816.
Rules and regulations.
The secretary of labor may adopt rules and regulations governing the conduct and canvassing of elections for the selection of collective bargaining units, and by collective bargaining units relative to approval of all-union agreements, strikes, walk outs, or cessation of work or continuation thereof. Such rules and regulations may be amended, revised, or supplemented from time to time as the secretary of labor shall deem advisable or necessary.
History:
L. 1955, ch. 252, § 6; L. 1976, ch. 370, § 80; L. 2004, ch. 179, § 78; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-817 Mediators; appointment; functions; compensation; confidentiality.

44-817.
Mediators; appointment; functions; compensation; confidentiality.
(a) The secretary of labor shall have power to appoint any competent, impartial, disinterested person to act as mediator in any labor dispute either upon the secretary's own initiative or upon the request of one of the parties to the dispute. It shall be the function of such mediator to bring the parties together voluntarily under such favorable auspices as will tend to effectuate settlement of the dispute, but neither the mediator nor the secretary of labor shall have any power of compulsion in mediation proceedings. The secretary of labor or the secretary's designee shall be authorized to charge fees to the parties for mediation, conflict resolution services or training programs contracted for to be provided by the agency and shall prescribe reasonable rules of procedure for such mediators. The costs for such mediation services shall be allocated by the secretary or the secretary's designee.
(b) All verbal or written information transmitted between any party to a dispute and a mediator conducting the proceeding, or the staff of an approved program under K.S.A. 5-501 et seq., and amendments thereto, shall be confidential communications. No admission, representation or statement made in the proceeding shall be admissible as evidence or subject to discovery. A mediator shall not be subject to process requiring the disclosure of any matter discussed during the proceedings unless all the parties consent to a waiver. Any party, including the neutral person or staff of an approved program conducting the proceeding, participating in the proceeding has a privilege in any action to refuse to disclose, and to prevent a witness from disclosing, any communication made in the course of the proceeding. The privilege may be claimed by the party or anyone the party authorizes to claim the privilege.
(c) The confidentiality and privilege requirements of this section shall not apply to:
(1) Information that is reasonably necessary to establish a defense for the mediator or staff of an approved program conducting the proceeding in the case of an action against the mediator or staff of an approved program that is filed by a party to the mediation;
(2) any information that the mediator is required to report under K.S.A. 38-2223, and amendments thereto;
(3) any information that is reasonably necessary to stop the commission of an ongoing crime or fraud or to prevent the commission of a crime or fraud in the future for which there was an expressed intent to commit such crime or fraud; or
(4) any information that the mediator is required to report or communicate under the specific provisions of any statute or in order to comply with orders of the court.
History:
L. 1955, ch. 252, § 7; L. 1976, ch. 370, § 81; L. 1996, ch. 129, § 3; L. 2001, ch. 173, § 4; L. 2004, ch. 179, § 79; L. 2006, ch. 200, § 102; January 1, 2007.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-818 Agricultural employment relations; declaration of public policy.

44-818.
Agricultural employment relations; declaration of public policy.
Experience has demonstrated that the lack of orderly procedures to meet and confer has contributed to certain problems in the agriculture industry, including secondary boycotts and work discrepancies during critical periods, which promote strife and pose a threat to the public interest and the free flow of commerce. Recognizing the unique nature of the agricultural industry, including the public dependence upon its vital products, it is necessary to establish special provisions so that the right to organize and to be represented in meet and confer relationships with agricultural employers may be assured to agricultural employees without undue injury to the public interest.
It is further recognized that agricultural employers should be protected from certain practices engaged in by some labor organizations, their officers and members, which burden or obstruct commerce, thereby preventing the free flow of agricultural products.
It is hereby declared to be the policy of the state of Kansas to eliminate the cause of certain substantial obstructions to the free flow of commerce by encouraging farmers and agricultural employees represented by employee organizations to resolve labor disputes through meeting and conferring in good faith and to protect the exercise by agricultural workers of full freedom of association, self-organization and designation of representatives of their own choosing for the purpose of negotiating the terms and conditions of their employment.
History:
L. 1972, ch. 193, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-821 Agricultural employee organizations authorized; purposes; limitations.

44-821.
Agricultural employee organizations authorized; purposes; limitations.
Agricultural employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing, for the purpose of meeting and conferring with agricultural employers or their designated representatives with respect to grievances and conditions of employment. No agricultural employee may be required to join an employee organization as a condition of his employment; and every agricultural employee shall have the right to refuse to join or participate in the activities of employee organizations.
History:
L. 1972, ch. 193, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-822 Rights of agricultural employers.

44-822.
Rights of agricultural employers.
An agricultural employer shall have the right to manage his own production operations including all decisions as to the equipment and materials used to grow and market his crops and all determinations as to the crops to be produced. Such an employer shall also have the right to employ himself or a member of his family, on his own operations and at all times to speak freely to his employee in regard to these matters, except that he may not threaten discharge or wage loss because of an employee's labor activities carried on in accordance with this act.
Nothing in this act is intended to deprive an agricultural employer of his existing right to:
(a) Direct the work of his employees;
(b) Hire, promote, demote, transfer, assign and retain employees;
(c) Suspend or discharge employees for cause;
(d) Maintain the efficiency of operations;
(e) Relieve employees from duties because of lack of work or for other legitimate reasons;
(f) Determine the methods, means and personnel by which operations are to be carried on.
History:
L. 1972, ch. 193, § 5; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-824 Rights and duties of certified or recognized employee organizations.

44-824.
Rights and duties of certified or recognized employee organizations.
(a) An agricultural employer shall extend to a certified or formally recognized employee organization the right to represent the employees, of the appropriate unit involved in meet and confer proceedings and in the settlement of grievances, and also shall extend the right to unchallenged representation status, consistent with subsection (d) of K.S.A. 44-823, during the twelve (12) months following the date of certification or formal recognition.
(b) A certified or formally recognized employee organization shall be obligated to fully and equally represent all employees of the appropriate unit involved whether said employees do or do not have membership in the employee organization.
History:
L. 1972, ch. 193, § 7; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-825 Memorandum of agreement by representatives of employer and employee organization.

44-825.
Memorandum of agreement by representatives of employer and employee organization.
If agreement is reached by the representatives of the agricultural employer and the recognized employee organization, they jointly shall prepare a memorandum of agreement. The scope of a memorandum of agreement may extend to all matters relating to conditions of employment except to the extent that any proposal is limited or prohibited by this act. Any memorandum agreement relating to conditions of employment entered into may be executed for a maximum period of three (3) years. Any party wishing to terminate or modify an existing memorandum agreement, must notify the other party, with a copy to the board, at least sixty (60) days prior to the termination date of said agreement.
History:
L. 1972, ch. 193, § 8; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-826 Impasse resolution procedures; board hearing; judicial review.

44-826.
Impasse resolution procedures; board hearing; judicial review.
(a) Agricultural employers and recognized employee organizations may include in memoranda of agreement a provision setting forth the procedures to be invoked in the event of disputes which reach an impasse in the course of meet and confer proceedings. Such memorandum shall define conditions under which an impasse exists.
(b) In the absence of such memorandum of procedures, or upon the failure of such procedures resulting in an impasse, either party may request the assistance of the agricultural labor relations board, or the board may render such assistance on its own motion. In either event, if the board determines an impasse exists in meet and confer proceedings between an agricultural employer and a recognized employee organization, the board shall aid the parties in effecting a voluntary resolution of the dispute.
(c) If the parties have not resolved the impasse by the end of a forty-day period, the board shall forthwith conduct a hearing on the impasse in accordance with the provisions of the Kansas administrative procedure act. The board shall review any initial order under this subsection in accordance with K.S.A. 77-527 and amendments thereto. The board shall render a final order which shall be binding on the employee organization and the agricultural employer, subject to judicial review as provided by K.S.A. 44-829 and amendments thereto.
(d) All costs shall be borne equally by the parties to a dispute.
History:
L. 1972, ch. 193, § 9; L. 1986, ch. 318, § 61; L. 1988, ch. 356, § 145; L. 1989, ch. 152, § 3; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-827 Dues check-off.

44-827.
Dues check-off.
An agricultural employer may agree to extend to an employee organization certified or recognized pursuant to this act right to dues check-off, upon presentation of dues deduction and authorization cards signed by individual employees; however, said employer shall be prohibited from continuing to deduct dues from the pay of any employee from and after the date said employee presents said employer with a written revocation of said authority.
History:
L. 1972, ch. 193, § 10; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-828 Prohibited practices.

44-828.
Prohibited practices.
(a) The commission of any prohibited practice, as defined in this section, among other actions, shall constitute evidence of bad faith in meet and confer proceedings.
(b) It shall be a prohibited practice for an agricultural employer or such employer's designated representative willfully to:
(1) Interfere, restrain or coerce agricultural employees in the exercise of rights granted in this act; except, that the expression of views by any means, as long as the expressions do not contain threats of reprisal or promises of benefits, shall not be prohibited or grounds for setting aside a representative election;
(2) dominate, interfere or assist in the formation, existence, or administration of any employee organization;
(3) encourage or discourage membership in any employee organization, committee, association or representation plan by discrimination in hiring, tenure or other conditions of employment, or by blacklisting;
(4) discharge or discriminate against an employee because such employee has filed any affidavit, petition or complaint or given any information or testimony under this act, or because such employee has formed, joined or chosen to be represented by any employee organization;
(5) refuse to meet and confer in good faith with representatives of certified or formally recognized employee organizations;
(6) deny the rights accompanying certification or formal recognition granted in K.S.A. 44-824, and amendments thereto; or
(7) institute or attempt to institute a lockout.
(c) It shall be a prohibited practice for agricultural employees or employee organizations willfully to:
(1) Interfere with, restrain, discriminate against or coerce agricultural employees in the exercise of any of the rights granted to agricultural employees in this act;
(2) interfere with, restrain or coerce an agricultural employer with respect to management rights granted in K.S.A. 44-822, and amendments thereto, or with respect to selecting a representative for the purposes of meeting and conferring or the adjustment of grievances;
(3) cause or attempt to cause an employer to discriminate against an employee because of membership or nonmembership in any employee organization;
(4) establish or maintain organizational pickets at an agricultural employer's residence, place of business or situs of such employer's products;
(5) refuse to meet and confer in good faith with an agricultural employer as required by this act;
(6) engage in a strike during periods of marketing of livestock or during a critical period of production or harvesting of crops; or
(7) engage in a secondary boycott.
History:
L. 1972, ch. 193, § 11; L. 1989, ch. 152, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-830 Actions for damages.

44-830.
Actions for damages.
Any agricultural employer, agricultural employee or employee organization may sue for damages resulting from a lockout, strike or secondary boycott as defined by this act.
History:
L. 1972, ch. 193, § 13; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 8 - Employer And Employee Relations › 44-831 Violations of right to work amendment; civil action for damages; attorneys' fees as costs, exception; limitation of actions.

44-831.
Violations of right to work amendment; civil action for damages; attorneys' fees as costs, exception; limitation of actions.
Any person who is aggrieved by any violation of the provisions of section 12 of article 15 of the constitution of the state of Kansas shall have a cause of action against the person committing such violation for the actual damages sustained by the aggrieved person. In any such action, if the prevailing party recovers damages, the court shall award reasonable attorneys' fees to the prevailing party, to be taxed as part of the costs of such action, except that when a tender has been made by the adverse party prior to the trial of such action on its merits, and the amount recovered is not in excess of such tender, no such costs shall be allowed.
Any action authorized by this section shall be commenced within one year after the cause of action shall have accrued.
History:
L. 1975, ch. 255, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-913 Title and application of act.

44-913.
Title and application of act.
This act shall be known and may be cited as the boiler safety act, and, except as otherwise herein provided, shall apply to all pressure vessels installed after January 1, 1999, and boilers in this state.
History:
L. 1977, ch. 172, § 1; L. 1998, ch. 67, § 1; July 1.