reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-623 Orders as to minimum or standard wage; accounts pending investigations.

44-623.
Orders as to minimum or standard wage; accounts pending investigations.
Any order made by the secretary of labor as to a minimum wage or a standard of wages shall be deemed prima facie reasonable and just, and if the minimum wage or standard of wages shall be in excess of the wages theretofore paid in the industry, employment, utility or common carrier, then and in that event the workers affected thereby shall be entitled to receive the minimum wage or standard of wages from the date of the service of summons or publication of notice instituting the investigation, and shall have the right individually, or in case of incorporated unions or associations, or unincorporated unions or associations entitled thereto, collectively, to recover in any court of competent jurisdiction the difference between the wages actually paid and the minimum wage or standard of wages so found and determined by the court in such order.
It shall be the duty of all employers affected by the provisions of this act, during the pendency of any investigation brought under this act, or any litigation resulting therefrom, to keep an accurate account of all wages paid to all workers interested in the investigation or proceedings. In the event the order shall fix a wage or standard of wages which is lower than the wages theretofore paid in the industry, employment, utility or common carrier affected, then and in that event the employers shall have the same right to recover in the same manner as provided in this section with reference to the workers.
History:
L. 1920, ch. 29, § 23; R.S. 1923, 44-623; L. 1976, ch. 370, § 40; L. 2004, ch. 179, § 39; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-624 Industrial conditions and relations; investigations, inquiries.

44-624.
Industrial conditions and relations; investigations, inquiries.
With the consent of the governor, the secretary of labor is hereby authorized and empowered to make, or cause to be made, within this state or elsewhere, such investigations and inquiries as to industrial conditions and relations as may be profitable or necessary for the purpose of becoming familiar with industrial problems such as may arise under the provisions of this act.
History:
L. 1920, ch. 29, § 24; R.S. 1923, 44-624; L. 1976, ch. 370, § 41; L. 2004, ch. 179, § 40; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-625 Effect of act on other rights and remedies.

44-625.
Effect of act on other rights and remedies.
The rights and remedies given and provided by this act shall be construed to be cumulative of all other laws in force in said state relating to the same matters, and this act shall not be interpreted as a repeal of any other act now existing in said state with reference to the same matters referred to in this act, except where the same may be inconsistent with the provisions of this act.
History:
L. 1920, ch. 29, § 25; January 24; R.S. 1923, 44-625.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-626 Construction of K.S.A. 44-601 through 44-628.

44-626.
Construction of K.S.A. 44-601 through 44-628.
The provisions of this act and all grants of power, authority and jurisdiction herein made to the secretary of labor shall be liberally construed and all incidental powers necessary to carry into effect the provisions of this act are hereby expressly granted to and conferred upon the secretary.
History:
L. 1920, ch. 29, § 26; R.S. 1923, 44-626; L. 1976, ch. 370, § 42; L. 2004, ch. 179, § 41; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-628 Partial invalidity of act.

44-628.
Partial invalidity of act.
If any section or provision of this act shall be found invalid by any court, it shall be conclusively presumed that this act would have been passed by the legislature without such invalid section or provision, and the act as a whole shall not be declared invalid by reason of the fact that one or more sections or provisions may be found to be invalid by any court.
History:
L. 1920, ch. 29, § 28; January 24; R.S. 1923, 44-628.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-631 Factory, mill and mine inspection.

44-631.
Factory, mill and mine inspection.
The secretary of labor is hereby given full jurisdiction over and control of factory, workshop and mill inspection, and mine inspection.
History:
R.S. 1923, 44-631; L. 1976, ch. 370, § 43; L. 2004, ch. 179, § 42; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-634 Annual reports; duties as to labor and industrial pursuits; enforcement of laws.

44-634.
Annual reports; duties as to labor and industrial pursuits; enforcement of laws.
It shall be the duty of the secretary of labor to collect, assort, arrange and present in annual reports to the governor, to be transmitted biennially by the governor to the legislature, statistical details relating to all labor and industrial pursuits in the state; to the subjects of cooperation, strikes and other labor difficulties; to trade unions and other labor organizations and their effect upon labor and capital; to other matters relating to the commercial, industrial, social, educational, moral and sanitary conditions prevailing within the state; and the exploitation of such other subjects as will tend to promote the permanent prosperity of the respective industries of the state.
It shall also be the duty of the secretary of labor to cause to be enforced all laws regulating the employment of children and minors; all laws established for the protection of health, lives and limbs of operators in workshops and factories, on railroads, and other places; and all laws enacted for the protection of the working classes now in force or that may hereafter be enacted. In the annual report the secretary of labor shall also give an account of all proceedings which have been taken in accordance with the provisions of this act, or any of the other laws herein referred to, and in addition thereto such remarks, suggestions and recommendations as the secretary of labor may deem necessary for the information of the legislature.
History:
L. 1898, ch. 34, § 3; R.S. 1923, 44-634; L. 1975, ch. 256, § 3; L. 1976, ch. 370, § 44; L. 2004, ch. 179, § 43; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-635 Interrogatories and testimony; penalty for failure to testify; information deemed confidential; penalty for disclosing.

44-635.
Interrogatories and testimony; penalty for failure to testify; information deemed confidential; penalty for disclosing.
The secretary of labor is hereby authorized to furnish and deliver a written or printed list of interrogatories to any person, company, or the proper officer of any corporation operating within the state, and require full and complete answers to be made thereto, and returned under oath. The secretary of labor shall have power to take and preserve testimony, to issue subpoenas and administer oaths, and examine witnesses under oath in all matters relating to the duties herein required by the secretary of labor, such testimony to be taken in some suitable place in the vicinity to which the testimony is applicable. Witnesses subpoenaed and testifying before the secretary of labor shall be paid the same fees as witnesses before the district court; such payment to be made from the incidental fund of the secretary of labor.
Any person duly subpoenaed under the provisions of this act who shall willfully neglect or refuse to attend, or refuse to answer any question propounded to such person concerning the subject of such examination as provided in this act, or if any person to whom a written or printed list of interrogatories has been furnished by the secretary of labor shall neglect or refuse to answer and return the same under oath, such person or persons shall be deemed guilty of a misdemeanor, and upon complaint of the secretary of labor before a court of competent jurisdiction, and upon conviction thereof, such person or persons shall be fined in a sum not less than $25 nor more than $100, or by imprisonment in the county jail not exceeding 90 days, or by both such fine and imprisonment. No witness shall be compelled to go outside of the county in which such witness resides to testify. In the report of the secretary of labor no use shall be made of the names of individuals, firms or corporations supplying the information called for by this act, unless by written permission, such information being deemed confidential and not for the purpose of disclosing personal affairs; and any officer, agent or employee of the secretary of labor violating this provision shall forfeit a sum not exceeding $500, or be imprisoned not more than one year.
History:
L. 1898, ch. 34, § 4; R.S. 1923, 44-635; L. 1976, ch. 370, § 45; L. 2004, ch. 179, § 44; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-637 Definitions.

44-637.
Definitions.
As used in this act: (a) "Person" means an individual, corporation, partnership, company, agency, institution or association. (b) "Children" means minor persons under the age of fourteen (14) years. (c) "Minor" means a person under the age of eighteen (18) years. (d) "Factory" means any premises where steam, water or other mechanical power is used in aid of any manufacturing process. (e) "Workshop" means any premises, room, or place, not being a factory as above defined, wherein any manual labor is being performed, and to which or over which premises, room or place the employer of the person or persons working therein has the right of access or control. (f) "Public works" means any agency of state government and its political subdivisions and municipalities including schools, counties and cities. The exercise of manual labor in a private house, or a private room, by the family dwelling therein, or by any of them, or in case a majority of persons therein employed are members of such family, shall not of itself constitute such house or room a workshop within this definition.
History:
L. 1898, ch. 34, § 6; R.S. 1923, 44-637; L. 1957, ch. 294, § 1; L. 1972, ch. 161, § 12; L. 1976, ch. 370, § 47; L. 1978, ch. 191, § 2; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-638 Statistics and information by state and municipal officers.

44-638.
Statistics and information by state and municipal officers.
All state, county, township and city officers are hereby directed to furnish the secretary of labor, upon request, such statistical or other information necessary for the administration of this act.
History:
L. 1898, ch. 34, § 7; R.S. 1923, 44-638; L. 1976, ch. 370, § 48; L. 2004, ch. 179, § 46; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-639 State policy as to wages, hours and insanitary conditions.

44-639.
State policy as to wages, hours and insanitary conditions.
The state of Kansas exercising herewith its police and sovereign powers declares that inadequate wages, long continued hours and insanitary conditions of labor, exercise a pernicious effect on the health and welfare of learners and apprentices, and minors.
History:
L. 1915, ch. 275, § 1; R.S. 1923, 44-639; L. 1976, ch. 370, § 49; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-640 Conditions of employment detrimental to health and welfare unlawful.

44-640.
Conditions of employment detrimental to health and welfare unlawful.
It shall be unlawful to employ learners, apprentices and minors in any industry or occupation within the state of Kansas under conditions of labor detrimental to their health or welfare and it shall be unlawful to employ learners, apprentices and minors in any industry within the state of Kansas at wages which are not adequate for their maintenance and for more hours in any one day than is consonant with their health and welfare, except as hereinafter provided.
History:
L. 1915, ch. 275, § 2; R.S. 1923, 44-640; L. 1976, ch. 370, § 50; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-643 Wages, hours and conditions for learners, apprentices and minors.

44-643.
Wages, hours and conditions for learners, apprentices and minors.
The secretary of labor may establish such standard of wages, hours, and conditions of labor for learners and apprentices, and minors employed within this state as shall be held hereunder to be reasonable and not detrimental to health and welfare. The secretary of labor may establish different minimum hours and standards for each class in an occupation of different localities in the state, when, in the judgment of the secretary of labor the different conditions justify such action.
History:
L. 1915, ch. 275, § 3; L. 1921, ch. 263, § 3; R.S. 1923, 44-643; L. 1976, ch. 370, § 51; L. 2004, ch. 179, § 47; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-645 Same; investigation; orders; notice and hearing; employer to display order; petition for rehearing.

44-645.
Same; investigation; orders; notice and hearing; employer to display order; petition for rehearing.
If after investigation the secretary of labor is of the opinion that in any occupation the wages, hours and conditions, sanitary and otherwise, are prejudicial to the health or welfare of any substantial number of the classes of employees named in this act and are inadequate to supply the necessary cost of living and to maintain the worker in health the secretary shall publish a notice, not less than once a week for four successive weeks in the Kansas register, that the secretary will on a date and at a place named in the notice hold a public meeting at which all persons will be given a hearing; and, after publication of the notice and the meeting, the secretary of labor may make and render such an order as may be proper or necessary, and require all employers in the occupation affected thereby to observe and comply with such determinations and the order.
The order shall become effective in 60 days after it is made and rendered and shall be in full force and effect on and after the 60th day following its making and rendition. The secretary of labor shall, insofar as it is practicable, mail a copy of any such order to every employer affected thereby; and every employer affected by any such order shall keep a copy thereof posted in a conspicuous place in each room of such establishment.
Whenever wages, hours, or conditions of labor have been made mandatory in any occupation, upon petition of either employers or employees, the secretary of labor may reopen the question.
History:
L. 1915, ch. 275, § 8; L. 1921, ch. 263, § 5; R.S. 1923, 44-645; L. 1976, ch. 370, § 52; L. 1981, ch. 324, § 14; L. 2004, ch. 179, § 48; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-646 Same; inspectors and clerical personnel.

44-646.
Same; inspectors and clerical personnel.
The secretary of labor may employ such inspectors and clerical personnel as may be necessary to administer the provisions of this act.
History:
L. 1921, ch. 263, § 6; R.S. 1923, 44-646; L. 1976, ch. 370, § 53; L. 2004, ch. 179, § 49; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-647 Same; review of orders.

44-647.
Same; review of orders.
The orders of the secretary of labor under the provisions of this act may be reviewed in the same manner as is now provided for the review of decisions by K.S.A. 44-601 to 44-628, and amendments thereto.
History:
L. 1921, ch. 263, § 7; R.S. 1923, 44-647; L. 1976, ch. 370, § 54; L. 2004, ch. 179, § 50; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-648 Same; penalties.

44-648.
Same; penalties.
That a violation of any provision of this act shall constitute a misdemeanor, and any one convicted thereof shall be punished by a fine of not less than twenty-five dollars $25, nor more than one hundred dollars $100 for each such misdemeanor.
History:
L. 1915, ch. 275, § 15; May 22; R.S. 1923, 44-468.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-650 Same; act supplemental.

44-650.
Same; act supplemental.
This act is to be construed as supplemental to existing laws regulating the employment of learners and apprentices and minors.
History:
L. 1915, ch. 275, § 21; R.S. 1923, 44-650; L. 1976, ch. 370, § 55; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-662 Powers, duties and functions.

44-662.
Powers, duties and functions.
The Kansas apprenticeship council shall perform the following powers, duties and functions:
(a) Assist in the development of and recommend to the secretary of labor, standards of wages, hours and conditions of employment for learners and apprentices in accordance with K.S.A. 44-639 through 44-650, and amendments thereto;
(b) formulate and promote the furtherance of labor standards necessary to safeguard the welfare of learners and apprentices;
(c) extend the application of such standards by encouraging the inclusion thereof in collective bargaining agreements;
(d) bring together employers and labor for the formulation of programs of apprenticeship;
(e) cooperate with the bureau of apprenticeship and training and other state or federal agencies engaged in the formulation and promotion of standards of apprenticeship;
(f) examine and approve standards of apprenticeship programs and register apprentices and such programs for purposes of applicable and related federal laws and regulations;
(g) promote the apprenticeship concept within all segments of management and labor and other interested public and private organizations and individuals;
(h) encourage the development of apprenticeship and other industrial training programs embodying sound training practices, proper selection procedures and equal training and employment opportunities for all persons, regardless of race, religion, color, sex, national origin or ancestry; and
(i) serve in an advisory capacity to the secretary of commerce in all such matters and in such other matters as may be requested by the secretary.
History:
L. 1992, ch. 240, § 2; L. 2004, ch. 179, § 52; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-664 Certification by attorney general of final court order holding K.S.A. 44-663 unconstitutional; notice of such certification upon publication by secretary of state; repeal of K.S.A. 44-709b upon publication of such notice; severability of certain provisions.

44-664. Certification by attorney general of final court order holding K.S.A. 44-663 unconstitutional; notice of such certification upon publication by secretary of state; repeal of K.S.A. 44-709b upon publication of such notice; severability of certain provisions.
(a) In the event that all or any portion of the provisions of K.S.A. 2023 Supp. 44-663, and amendments thereto, are held to be unconstitutional by any court of competent jurisdiction, upon a final order, the attorney general shall certify to the secretary of state that such holding has occurred. Upon receipt of such certification, the secretary of state shall cause a notice of such certification to be published in the Kansas register.
(b) On and after the effective date of this act and upon the publication of the notice by the secretary of state in the Kansas register as provided by subsection (a), K.S.A. 2023 Supp. 44-709b, and amendments thereto, is hereby repealed.
(c) In the event that all or any portion of the provisions of K.S.A. 2023 Supp. 44-709b, and amendments thereto, are held to be unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of any other provision of K.S.A. 2023 Supp. 44-663, and amendments thereto, and to this end the provisions of K.S.A. 2023 Supp. 44-709b, and amendments thereto, are severable.
History:
L. 2021, ch. 1, § 3 (Special Session); November 23.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 6 - Regulation Of Labor And Industry › 44-665 Severability clause for 2021 Special Session House Bill No. 2001, chapter 1 of the 2021 Special Session Laws of Kansas; certification by the attorney general to the secretary of state of final order holding certain provisions unconstitutional; repealing certain statutes upon publication of notice in the Kansas register.

44-665. Severability clause for 2021 Special Session House Bill No. 2001, chapter 1 of the 2021 Special Session Laws of Kansas; certification by the attorney general to the secretary of state of final order holding certain provisions unconstitutional; repealing certain statutes upon publication of notice in the Kansas register.
(a) In the event that all or any portion of the provisions of K.S.A. 2023 Supp. 44-663, and amendments thereto, are held to be unconstitutional by any court of competent jurisdiction, upon a final order, the attorney general shall certify to the secretary of state that such holding has occurred. Upon receipt of such certification, the secretary of state shall cause a notice of such certification to be published in the Kansas register.
(b) On and after the effective date of this act and upon the publication of the notice by the secretary of state in the Kansas register as provided by subsection (a), K.S.A. 2023 Supp. 44-664, and amendments thereto, is hereby repealed.
(c) In the event that all or any portion of the provisions of K.S.A. 2023 Supp. 44-664, and amendments thereto, are held to be unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of any other provision of K.S.A. 2023 Supp. 44-663, and amendments thereto, and to this end the provisions of K.S.A. 2023 Supp. 44-664, and amendments thereto, are severable.
History:
L. 2021, ch. 1, § 3 (Special Session); November 23, 2021.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-702 Declaration of state public policy.

44-702. Declaration of state public policy.
As a guide to the interpretation and application of this act, the public policy of this state is declared to be as follows: Economic insecurity, due to unemployment, is a serious menace to health, morals, and welfare of the people of this state. Involuntary unemployment is therefore a subject of general interest and concern that requires appropriate action by the legislature to prevent its spread and to lighten its burden that now so often falls with crushing force upon the unemployed worker and such worker's family. The achievement of social security requires protection against this greatest hazard of our economic life. This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor-relief assistance. The legislature, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed. The state of Kansas is committed to maintaining and strengthening access to the unemployment compensation system, including through initial and continuing claims. All persons and employers are entitled to a neutral interpretation of the employment security law.
History:
L. 1937, ch. 255, § 2; L. 2013, ch. 106, § 1; L. 2020, ch. 1, § 27 (Special Session); June 9.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-706a Application of K.S.A. 44-705, 44-706.

44-706a.
Application of K.S.A. 44-705, 44-706.
This act shall only apply to claims filed after April 30, 1961. All claims filed prior to May 1, 1961, shall be governed by the law in effect immediately prior to the effective date of this act.
History:
L. 1961, ch. 245, § 3; May 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-710e Governmental entities; tax levy, use of proceeds; employee benefits contribution fund.

44-710e.
Governmental entities; tax levy, use of proceeds; employee benefits contribution fund.
Any city, county, school district or other governmental entity is hereby authorized to budget and pay the cost of providing unemployment insurance benefits for its employees as provided by this act from the various funds from which compensation is paid to its employees, and, if otherwise authorized by law to levy taxes, any such city, county or other governmental entity, except a school district, may levy annually an additional tax therefor, which, together with any other funds available, shall be sufficient to provide the cost thereof and, in the case of cities and counties, to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. Any taxing subdivision authorized to levy a tax under this section, in lieu of levying such tax, may pay such costs from any employee benefits contribution fund established pursuant to K.S.A. 12-16,102, and amendments thereto.
History:
L. 1977, ch. 181, § 8; L. 1978, ch. 296, § 16; L. 1978, ch. 163, § 6; L. 1979, ch. 52, § 154; L. 1990, ch. 66, § 41; May 31.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-710f Counties to provide coverage for certain district court employees.

44-710f.
Counties to provide coverage for certain district court employees.
Any county plan pursuant to the employment security law shall include coverage for district court officers and employees whose total salary is payable by counties.
History:
L. 1977, ch. 110, § 7; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-710i Common paymaster; wages actually disbursed by employer.

44-710i.
Common paymaster; wages actually disbursed by employer.
For all purposes under the employment security law, whenever two or more employers which are related corporations, which concurrently employ the same individual in employment and which pay wages to such individual through a common paymaster and such common paymaster is one of such employers, each such employer shall be considered to have paid wages to such individual only in the amount of wages actually disbursed by such employer to such individual and such employer shall not be considered to have paid any amount of wages to such individual which was actually disbursed to such individual by another of such employers which concurrently employ such individual. This section shall be construed as part of the employment security law.
History:
L. 1983, ch. 163, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-713 Merit awards for certain employees.

44-713.
Merit awards for certain employees.
The secretary of labor, in recognition of meritorious service by individual employees who serve in the administration of the employment security law and who receive a preponderant share of their compensation through the employment security administration fund, is hereby authorized to make meritorious service awards, including the presentation of a service award pin and certificate to each of such employees when such employee has served in such administration a minimum of 10 years. The secretary may also present to each of such employees an additional pin and certificate for each additional five year period of satisfactory service in the administration of the law. The cost of each such pin and certificate shall be paid from the employment security administration fund in the same manner as other expenses of administering the employment security law are paid.
History: L. 1937, ch. 255, § 13; L. 1941, ch. 264, § 10; L. 1947, ch. 291, § 6; L. 1953, ch. 248, § 1; L. 1959, ch. 223, § 6; L. 1961, ch. 246, § 1; L. 1967, ch. 282, § 1; L. 1970, ch. 191, § 7; L. 1974, ch. 361, § 60; L. 1976, ch. 357, § 2; L. 1976, ch. 370, § 67; L. 2004, ch. 179, § 63; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-713a In-service training.

44-713a.
In-service training.
Pursuant to 42 U.S.C.A. § 1101 et seq., the secretary of labor may accept assistance from the United States secretary of labor to conduct in-service training either directly or through contracts with institutions of higher education or other qualified agencies, organizations or institutions, to conduct programs and courses designed to train individuals to prepare them or improve their qualifications for service in the administration of Kansas employment security programs.
History:
L. 1971, ch. 180, § 9; L. 1976, ch. 370, § 68; L. 2004, ch. 179, § 64; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-715 Kansas state employment service; officers and employees; appointments; powers and duties.

44-715.
Kansas state employment service; officers and employees; appointments; powers and duties.
(a) State employment service. The secretary of labor shall establish and maintain employment offices in such number and in such places as may be necessary for the proper administration of this act and for the purposes of performing such duties as are within the purview of the act of congress entitled "An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes," approved June 6, 1933 (48 Stat. 113; U.S.C., title 29, sec. 49 (c) as amended). The secretary of labor shall be charged with the duty of cooperating with any official or agency of the United States having powers or duties under the provisions of such act of congress, as amended, and to do and perform all things necessary to secure to this state the benefits of such act of congress, as amended, in the promotion and maintenance of a system of employment offices. The provisions of such act of congress, as amended, are hereby accepted by this state, in conformity with such act, and this state will observe and comply with the requirements thereof. The secretary of labor is hereby designated and constituted the agency of this state for the purpose of such act. The secretary of labor shall appoint such officers and employees as may be necessary for the administration of the act of which this section is amendatory. Such appointments shall be made in accordance with regulations prescribed by the director of the United States employment service. The secretary of labor may cooperate with or enter into agreements with the railroad retirement board with respect to the establishment, maintenance, and use of free employment service facilities.
(b) Financing. All moneys received by this state under such act of congress, as amended, shall be paid into the employment security administration fund, and such moneys are hereby made available to the secretary of labor to be expended as provided by this section and by such act of congress. For the purpose of establishing and maintaining free public employment offices, the secretary is authorized to enter into agreements with the railroad retirement board, or any other agency of the United States charged with the administration of an unemployment compensation law, with any political subdivision of this state or with any private nonprofit organization, and as a part of any such agreement the secretary of labor may accept moneys, services, or quarters as a contribution to the employment service account, and the political subdivisions of this state are hereby authorized to raise and expend moneys, services, or quarters as contribution to the employment service account.
History:
L. 1937, ch. 255, § 15; L. 1938, ch. 51, § 3; L. 1939, ch. 214, § 6; L. 1941, ch. 264, § 12; L. 1947, ch. 291, § 8; L. 1949, ch. 288, § 10; L. 1976, ch. 370, § 70; L. 2004, ch. 179, § 66; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-720 Representation in court; prosecutions.

44-720.
Representation in court; prosecutions.
(a) In civil actions. In any civil action involving the provisions of this act, the secretary of labor and the state may be represented by any qualified attorney who is an employee of the secretary of labor and designated by the secretary for this purpose, and at the secretary's request by the attorney general; or if the action is brought in the courts of any other state by any attorney qualified to appear in the courts of that state.
(b) In criminal actions. All criminal actions for violation of any provision of this act, or of any rules or regulations issued pursuant thereto, shall be prosecuted by the attorney general of the state; or, at the secretary's request and under the secretary's direction, by the district attorney or county attorney of any county in which the offense was committed.
History:
L. 1937, ch. 255, § 20; L. 1941, ch. 264, § 16; L. 1970, ch. 191, § 8; L. 1976, ch. 370, § 76; L. 2004, ch. 179, § 71; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-721 Nonliability of state.

44-721.
Nonliability of state.
Benefits shall be deemed to be due and payable under this act only to the extent provided in this act and to the extent that moneys are available therefor to the credit of the employment security fund and neither the state nor the secretary of labor shall be liable for any amount in excess of such sums.
History:
L. 1937, ch. 255, § 21; L. 1949, ch. 288, § 14; L. 1976, ch. 370, § 77; L. 2004, ch. 179, § 72; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-722 Saving clause.

44-722.
Saving clause.
The legislature reserves the right to amend or repeal all or any part of this act at any time; and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this act or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal this act at any time.
History:
L. 1937, ch. 255, § 22; March 29.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-723 Operation concurrent with federal act.

44-723.
Operation concurrent with federal act.
If the tax imposed by title IX of the federal social security act (Public No. 271, seventy-fourth congress, approved August 14, 1935)*, or by any amendments thereto, or any other federal tax against which contributions under this act may be credited has been repealed by congress or has been held unconstitutional by the United States supreme court, the payment of contributions and benefits under this act shall cease, and any unobligated funds in the state employment security fund and in the United States unemployment trust fund returned by the treasurer of the United States because title IX* of the social security act is inoperative, shall be refunded to contributors in proportion to their contributions.
History:
L. 1937, ch. 255, § 23; L. 1949, ch. 288, § 15; March 5.
* 42 U.S.C. §§ 1101 to 1110.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-724 Separability of provisions.

44-724.
Separability of provisions.
If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of this act and the application of such provision to other persons or circumstances shall not be affected thereby. No caption of any section or set of sections shall in any way affect the interpretation of this act or any part thereof.
History:
L. 1937, ch. 255, § 24; March 29.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-725 Contributions and payments in lieu of contributions deductible in computation of Kansas taxable income.

44-725.
Contributions and payments in lieu of contributions deductible in computation of Kansas taxable income.
Contributions and payments in lieu of contributions paid by the employer shall be deductible in arriving at the taxable income of such employer under the income tax laws of the state of Kansas, to the same extent as taxes are deductible during any taxable year by any such employer.
History:
L. 1937, ch. 255, § 25; L. 1973, ch. 205, § 13; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-727 Title to real property acquired with federal funds.

44-727.
Title to real property acquired with federal funds.
The state of Kansas is hereby authorized to receive and accept title to real property which may be acquired under rental purchase agreements executed or to be executed by the secretary in the administration of the employment security law. Such property shall be acquired without appropriation by the state of Kansas and the cost thereof shall be defrayed by federal funds made available for the administration of the law. Sufficiency of title to any property acquired hereunder shall be approved by the attorney general prior to conveyance by general warranty deed to the state of Kansas. Any property acquired under authority hereof shall be utilized primarily for the administration of the employment security law by the secretary of labor. After acquisition such property may be occupied for administration of the employment security law at no cost other than maintenance.
History:
L. 1951, ch. 307, § 8; L. 1976, ch. 370, § 78; L. 2004, ch. 179, § 73; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-752 Sections K.S.A. 44-704a and 44-713a part of and supplemental to employment security law.

44-752.
Sections K.S.A. 44-704a and 44-713a part of and supplemental to employment security law.
K.S.A. 44-704a and 44-713a shall be supplemental to and a part of the employment security law.
History:
L. 1971, ch. 180, § 11; February 25.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-758 Lessor employing units and client lessees; liability for contributions on wages for services performed for client lessees; reports and records.

44-758. Lessor employing units and client lessees; liability for contributions on wages for services performed for client lessees; reports and records.
(a) Any employer or any individual, organization, partnership, corporation or other legal entity that is a lessor employing unit, as defined by K.S.A. 44-703(ff), and amendments thereto, shall be liable for contributions on wages paid by the lessor employing unit to individuals performing services for client lessees. Any client lessee shall be jointly and severally liable for any unpaid contributions, interest and penalties due under this law from any lessor employing unit attributable to wages for services performed for the client lessee by employees leased to the client lessee. The lessor employing unit shall keep separate records and submit separate quarterly contributions and wage reports for each client lessee.
(b) Any lessor employing unit that is currently engaged in the business of leasing employees to client lessees shall comply with the provisions of subsection (a) prior to October 1, 1990.
(c) The provisions of this section shall not be applicable to private employment agencies that provide temporary workers to employers on a temporary help basis, provided the private employment agencies are liable as employers for the payment of contributions on wages paid to temporary workers so employed.
(d) This section shall be construed as part of the employment security law.
History:
L. 1990, ch. 186, § 1; L. 2021, ch. 92, § 22; May 13.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-759 Administrative rulings; availability of.

44-759.
Administrative rulings; availability of.
On and after January 1, 1998, the secretary of labor shall make available in a medium readily accessible to contributing employers all administrative rulings of the department of labor which affect the duties and responsibilities of contributing employers. Such rulings shall be provided in such a manner as to conceal the identity of the specific employer for whom the ruling concerned. The secretary shall cause to be published in the Kansas register a description of each such administrative ruling within 30 days of such ruling together with specific instructions as to how the complete text of the administrative ruling may be obtained.
History:
L. 1997, ch. 182, § 82; L. 2004, ch. 179, § 75; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-760 Employment security insurance act for domestic violence survivors; citation.

44-760.
Employment security insurance act for domestic violence survivors; citation.
This act shall be known and may be cited as the employment security insurance act for domestic violence survivors.
History:
L. 2003, ch. 75, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-761 Same; definitions.

44-761.
Same; definitions.
As used in this act, unless the context clearly shows otherwise:
(a) "Abuse" means:
(1) Causing or attempting to cause physical harm;
(2) placing another person in fear of imminent physical harm;
(3) causing another person to engage involuntarily in sexual relations by force, threats or duress, or threatening to do so;
(4) engaging in mental abuse, which includes threats, intimidation and acts designed to induce terror;
(5) depriving another person of health care, housing, food or other necessities of life; or
(6) restraining the liberty of another.
(b) "Domestic violence" means abuse committed against an employee or an employee's spouse or dependent child by:
(1) A current or former spouse of the employee;
(2) a person with whom the employee shares parentage of a child in common;
(3) a person who is cohabitating with, or has cohabitated with, the employee;
(4) a person who is related by blood or marriage; or
(5) a person with whom the employee has or had a dating or engagement relationship.
History:
L. 2003, ch. 75, § 2; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-762 Same; curriculum for claimants, implementation and approval.

44-762.
Same; curriculum for claimants, implementation and approval.
The secretary of labor shall implement a training curriculum for employees who will interact with claimants under the provisions of K.S.A. 44-706 and K.S.A. 44-760 through 44-764, and amendments thereto. Such curriculum shall be approved by the state domestic violence and sexual assault coalition designated by the center for disease control or health and human services.
History:
L. 2003, ch. 75, § 3; L. 2004, ch. 179, § 76; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-763 Same; benefits not chargeable to employer's accounts.

44-763.
Same; benefits not chargeable to employer's accounts.
No contributing employer or rated governmental employer's account shall be charged with respect to the benefits paid to a claimant who is eligible to receive employment security benefits due to domestic violence as set forth in K.S.A. 44-706, and amendments thereto.
History:
L. 2003, ch. 75, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 7 - Employment Security Law › 44-765 Motor vehicle lease agreements; definitions; determination of employment relationship.

44-765.
Motor vehicle lease agreements; definitions; determination of employment relationship.
(a) As used in this section:
(1) "Driver" means an individual who operates a motor vehicle which is leased to a licensed motor carrier pursuant to a lease agreement.
(2) "Lease agreement" means a written contract by which an owner grants the use of one or more motor vehicles and agrees to furnish a driver for each such motor vehicle.
(3) "Licensed motor carrier" means any person that holds a certificate of convenience and necessity, a certificate of public service, private carrier permit or an interstate license as an interstate exempt carrier from the state corporation commission, or is required to register motor carrier equipment pursuant to 49 U.S.C. § 14504a.
(4) "Motor vehicle" means any automobile, truck-trailer, semitrailer, tractor or any other self-propelled or motor driven vehicle used upon any of the public highways of Kansas for the purpose of transporting property.
(5) "Owner" means a person to whom title to a motor vehicle has been issued.
(6) "Owner-operator" means any owner which leases one or more motor vehicles to a licensed motor carrier pursuant to a lease agreement.
(7) "Person" means any individual, partnership, corporation, limited liability company or any other business entity.
(b) For purposes of the employment security law, it is hereby declared to be the policy of this state that, consistent with requirements of 49 C.F.R. § 376.12(c)(1), an independent contractor relationship between an owner-operator and a licensed motor carrier may exist when the licensed motor carrier complies with the applicable statutory and regulatory requirements governing a licensed motor carrier's use of leased vehicles in the transportation of property. To that end, in determining whether an employment relationship exists between a licensed motor carrier and a driver, the fact that the licensed motor carrier, pursuant to a lease agreement, requires the driver to comply with applicable provisions of the regulations of the state corporation commission, federal motor carrier safety administration or other federal agency having jurisdiction of motor carriers shall not be considered as the licensed motor carrier's exercise of control over the driver.
History:
L. 2006, ch. 118, § 1; L. 2008, ch. 45, § 1; April 10.