reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1030 State and local government contracts; mandatory provisions.

44-1030.
State and local government contracts; mandatory provisions.
(a) Except as provided by subsection (c), every contract for or on behalf of the state or any county or municipality or other political subdivision of the state, or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that:
(1) The contractor shall observe the provisions of the Kansas act against discrimination and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, disability, national origin or ancestry;
(2) in all solicitations or advertisements for employees, the contractor shall include the phrase, "equal opportunity employer," or a similar phrase to be approved by the commission;
(3) if the contractor fails to comply with the manner in which the contractor reports to the commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the contractor shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the contracting agency;
(4) if the contractor is found guilty of a violation of the Kansas act against discrimination under a decision or order of the commission which has become final, the contractor shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the contracting agency; and
(5) the contractor shall include the provisions of subsections (a)(1) through (4) in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor.
(b) The Kansas human rights commission shall not be prevented hereby from requiring reports of contractors found to be not in compliance with the Kansas act against discrimination.
(c) The provisions of this section shall not apply to a contract entered into by a contractor:
(1) Who employs fewer than four employees during the term of such contract; or
(2) whose contracts with the governmental entity letting such contract cumulatively total $5,000 or less during the fiscal year of such governmental entity.
History:
L. 1972, ch. 194, § 14; L. 1977, ch. 183, § 1; L. 1991, ch. 147, § 17; L. 1992, ch. 91, § 3; April 23.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1031 Same; personnel to be used in performing contracts; reports; nonapplication to certain contractors.

44-1031.
Same; personnel to be used in performing contracts; reports; nonapplication to certain contractors.
Every person, as defined in subsection (a) of K.S.A. 44-1002, who wishes to enter into a contract which is covered by the provisions of K.S.A. 44-1030 shall, upon request of the commission, inform the commission in writing of the manner in which such person shall recruit and screen personnel to be used in performing the contract. The report shall be made on forms to be supplied by the commission. The provisions of K.S.A. 44-1030 and of this section shall not apply to any contractor who has already complied with the provisions of such sections by reason of holding a contract with the federal government or a contract involving federal funds.
History:
L. 1972, ch. 194, § 15; L. 1975, ch. 264, § 8; L. 1977, ch. 183, § 2; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1032 Responsibility for and review of compliance with act; subpoenas; access to premises; oaths and depositions; failure to obey court order, effect; immunity of witnesses from prosecution; perjury.

44-1032.
Responsibility for and review of compliance with act; subpoenas; access to premises; oaths and depositions; failure to obey court order, effect; immunity of witnesses from prosecution; perjury.
The contracting agency shall be responsible for assuring compliance with the provisions of K.S.A. 44-1030. The commission, on its own motion or at the request of the contracting agency, may review compliance with the provisions of this act. In conducting such reviews, the commission may subpoena witnesses, compel their appearance, require the production for examination of records, documents and other evidence or possible sources of evidence and may examine, record and copy such materials and take and record the testimony or statements of such persons. The commission may issue subpoenas to compel access to or the production of such materials, or the appearance of such persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoena or interrogatories were issued or served in aid of a civil action in the district court. The commission shall have access at all reasonable times to premises and may compel such access by application to a court of competent jurisdiction: Provided, however, That the commission first complies with the provisions of article 15 of the Kansas bill of rights and the fourth amendment to the United States constitution relating to unreasonable searches and seizures. The commission may administer oaths and take depositions to the same extent and subject to the same limitations as would apply if the deposition was taken in aid of a civil action in the district court. In case of the refusal of any person to comply with any subpoena, interrogatory or search warrant issued hereunder, or to testify to any matter regarding which he may be lawfully questioned, the district court of any county may, upon application of the commission, order such person to comply with such subpoena or interrogatory and to testify; and failure to obey the court's order may be punished by the court as contempt. No person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he testifies or produces evidence, except that such person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. The immunity herein provided shall extend only to natural persons.
History:
L. 1972, ch. 194, § 16; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1033 Initiation and processing complaints; use of information.

44-1033.
Initiation and processing complaints; use of information.
If the compliance review conducted by the commission reveals any violation of the Kansas act against discrimination, the commission may initiate a complaint and process such complaint in the manner provided for processing complaints of unlawful employment practices. The information gathered in the course of the compliance review may be used in processing the complaint.
History:
L. 1972, ch. 194, § 17; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1034 Rules and regulations.

44-1034.
Rules and regulations.
The commission may adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of this supplemental act.
History:
L. 1972, ch. 194, § 18; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1035 Information on racial identification maintained solely on payroll tapes; retrieval restricted.

44-1035.
Information on racial identification maintained solely on payroll tapes; retrieval restricted.
Information concerning the racial identification of state employees shall be permanently maintained solely on the payroll tapes in custody of the state department of administration. Such information shall be retrieved from the payroll tapes only upon the written authorization of the commission or the equal employment opportunity office of the department of administration. The department of administration may provide such information to the director of personnel services in statistical form without the identification of specific individuals if the director of personnel services shall make such request.
History:
L. 1972, ch. 194, § 19; L. 1978, ch. 345, § 7; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1036 Severability.

44-1036.
Severability.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the remainder of the act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
History:
L. 1972, ch. 194, § 20; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1038 Provisions of K.S.A. 44-1031 through 44-1037 supplemental to act against discrimination.

44-1038.
Provisions of K.S.A. 44-1031 through 44-1037 supplemental to act against discrimination.
The provisions of K.S.A. 44-1031 to 44-1037, inclusive, shall be supplemental to and a part of the Kansas act against discrimination.
History:
L. 1972, ch. 194, § 22; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1039 Unlawful act; perjury.

44-1039. Unlawful act; perjury.
Any person intentionally and falsely swearing, testifying, affirming, declaring or subscribing to any material fact upon any oath or affirmation required by the Kansas act against discrimination shall be deemed guilty of perjury as defined in K.S.A. 21-5903, and amendments thereto.
History:
L. 1975, ch. 264, § 5; L. 2011, ch. 30, § 189; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1041 Unlawful acts; penalty.

44-1041.
Unlawful acts; penalty.
Any person (a) destroying any employment records required to be kept under the laws of the state of Kansas for the purpose of hindering any proceeding commenced pursuant to the provisions of the Kansas act against discrimination or (b) destroying any records or other information involved in any proceeding brought pursuant to the provisions of the Kansas act against discrimination for the purpose of hindering such proceedings, shall be guilty of a class B misdemeanor.
History:
L. 1975, ch. 264, § 7; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1042 Award of compensatory damages; reduction.

44-1042.
Award of compensatory damages; reduction.
If the commission includes an award of compensatory damages in any final order entered against a respondent after a hearing or if an award of compensatory damages against a respondent is included in a conciliation agreement, the total amount of such damages awarded shall be reduced by the amount of any compensation received by the complainant as a direct result of the alleged act of discrimination from the time the alleged act of discrimination occurred until the time such order is entered or agreement is entered into.
History:
L. 1975, ch. 264, § 9; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1043 Provisions of K.S.A. 44-1039 through 44-1042 supplemental to act against discrimination.

44-1043.
Provisions of K.S.A. 44-1039 through 44-1042 supplemental to act against discrimination.
The provisions of K.S.A. 44-1039 to 44-1042, inclusive, shall be supplemental to and a part of the Kansas act against discrimination.
History:
L. 1975, ch. 264, § 10; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1044 Probable cause determinations under K.S.A. 44-1005 or 44-1019; exempt from judicial review and civil enforcement of agency actions act.

44-1044.
Probable cause determinations under K.S.A. 44-1005 or 44-1019; exempt from judicial review and civil enforcement of agency actions act.
Determinations under K.S.A. 44-1005 or 44-1019, and amendments thereto, by the Kansas human rights commission that no probable cause exists for crediting the allegations of a complaint under the Kansas act against discrimination or the Kansas age discrimination in employment act are hereby specifically exempted from the Kansas judicial review act (K.S.A. 77-601 through 77-627, and amendments thereto).
History:
L. 1985, ch. 308, § 1; L. 1991, ch. 148, § 6; L. 2010, ch. 17, § 80; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1110 Restriction on height of person prohibited; exceptions.

44-1110.
Restriction on height of person prohibited; exceptions.
No governing body, board, bureau, commission, department or other agency of the state or its political subdivisions, shall impose by ordinance, resolution or otherwise any height restriction on the hiring or employment of any person, except that a minimum height restriction of five (5) feet two (2) inches may be imposed on the hiring or employment of any fireman, law enforcement or security officer. Any existing ordinance, resolution or policy of any governing body, board, bureau, commission, department or other agency of the state or its political subdivisions, which is in conflict with the restriction contained in this act shall be and the same is hereby declared to be null and void.
History:
L. 1972, ch. 195, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1112 Definitions.

44-1112.
Definitions.
As used in this act:
(a) "Age" means an age of 40 or more years.
(b) "Commission" means the Kansas human rights commission created pursuant to K.S.A. 44-1003, and amendments thereto.
(c) "Employee" does not include any individual employed by the individual's parents, spouse or child.
(d) "Employer" means any person in this state who employs four or more persons and any person acting directly or indirectly for such a person, and includes the state and all political subdivisions of the state.
(e) "Employment agency" includes any person or governmental agency undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer or place employees.
(f) "Firefighter" means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position.
(g) "Labor organization" includes any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in relation to employment.
(h) "Law enforcement officer" means an employee, the duties of whose position are primarily the investigation, apprehension or detention of individuals suspected or convicted of offenses against the criminal laws of Kansas or of offenses against any ordinance or resolution which imposes criminal sanctions and is adopted by a city, county or other political subdivision of Kansas, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purposes of this subsection, "detention" includes the duties of employees assigned to guard individuals incarcerated in any penal institution.
(i) "Person" means individual, partnership, association, organization, corporation, legal representative, trustee, trustee in bankruptcy or receiver.
History:
L. 1983, ch. 164, § 2; L. 1988, ch. 174, § 1; L. 1991, ch. 148, § 7; L. 2008, ch. 105, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1114 Posting of act.

44-1114.
Posting of act.
Every person subject to this act shall keep posted in a conspicuous place or places on the person's premises notices to be prepared or approved by the commission, which shall set forth excerpts of this act and such other relevant information which the commission considers necessary to explain the act.
History:
L. 1983, ch. 164, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1115 Complaint procedure; hearings; orders; rehearing; court review; dismissal of certain complaints, when, procedure and effect.

44-1115.
Complaint procedure; hearings; orders; rehearing; court review; dismissal of certain complaints, when, procedure and effect.
Any person aggrieved by any alleged unlawful employment practice based on age may file a complaint in the manner provided for processing complaints of unlawful employment practices under the Kansas act against discrimination. Reconsideration and judicial review of the commission's decision in the case shall be conducted in the manner provided by K.S.A. 44-1010 and 44-1011, and amendments thereto. Complaints filed with the commission on or after July 1, 1996, may be dismissed by the commission on its own initiative, and shall be dismissed by the commission upon the written request of the complainant, if the commission has not issued a finding of probable cause or no probable cause or taken other administrative action dismissing the complaint within 300 days of the filing of the complaint. Complaints filed with the commission before July 1, 1996, shall be dismissed by the commission upon the written request of the complainant, if the commission has not issued a finding of probable cause or no probable cause or taken other administrative action dismissing the complaint within 300 days of the filing of the complaint. The commission shall mail written notice to all parties of dismissal of a complaint within five days of dismissal. Dismissal of a complaint in accordance with this section shall constitute final action by the commission which shall be deemed to exhaust all administrative remedies under the Kansas age discrimination in employment act for the purpose of allowing subsequent filing of the matter in court by the complainant, without the requirement of filing of a petition for reconsideration pursuant to K.S.A. 44-1010 and amendments thereto. Dismissal of a complaint in accordance with this section shall not be subject to appeal or judicial review by any court under the provisions of K.S.A. 44-1011 and amendments thereto.
History:
L. 1983, ch. 164, § 5; L. 1988, ch. 356, § 152; L. 1995, ch. 247, § 3; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1116 Contractors; requirements.

44-1116.
Contractors; requirements.
(a) Contractors subject to the provisions of K.S.A. 44-1030, 44-1031 and 44-1032, and amendments thereto, shall be required to agree to the same contract provisions with respect to age discrimination and compliance with this act as provided by those sections with respect to other types of discrimination and compliance with the Kansas act against discrimination.
(b) The commission shall have the powers provided by K.S.A. 44-1030, 44-1031 and 44-1032, and amendments thereto, to enforce the provisions of this section.
History:
L. 1983, ch. 164, § 6; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1117 Unlawful acts; penalties.

44-1117.
Unlawful acts; penalties.
(a) No person shall willfully resist, prevent, impede or interfere with the commission or any of its members or representatives in the performance of duty under this act or shall willfully violate any order of the commission.
(b) Violation of this section is a misdemeanor punishable by imprisonment for not more than one year or by a fine of not more than $500, or both.
(c) Lawful use of procedures for review of a commission order shall not be considered a violation of this section.
History:
L. 1983, ch. 164, § 7; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1118 Construction of act; applicability of act, exclusions.

44-1118.
Construction of act; applicability of act, exclusions.
(a) The provisions of this act shall be construed liberally for the accomplishment of its purposes.
(b) Nothing in this act shall be construed to be inconsistent with the nondiscrimination provisions under another provision of state or federal law.
(c) Nothing in this act shall be construed to mean that an employer shall be forced to hire unqualified or incompetent personnel, or discharge qualified or competent personnel.
(d) Nothing in this act shall be construed to prohibit compulsory retirement of any employee who has attained 65 years of age and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings or deferred compensation plan, or any combination of such plans, of the employer of such employee, which equals, in the aggregate, at least $44,000.
(e) Nothing in this act shall be construed to prohibit, before January 1, 1994, compulsory retirement of any employee who has attained 70 years of age and who is serving under a contract of unlimited tenure (or similar arrangement providing for unlimited tenure) at an institution of higher education.
History:
L. 1983, ch. 164, § 8; L. 1988, ch. 174, § 3; L. 2008, ch. 105, § 5; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1119 Severability of provisions.

44-1119.
Severability of provisions.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the remainder of the act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
History:
L. 1983, ch. 164, § 9; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1120 Applicability, construction and effective date of 1988 act.

44-1120.
Applicability, construction and effective date of 1988 act.
(a) This act and the amendments made by this act shall take effect on the effective date of this act, except that, with respect to any employee who is subject to a collective bargaining agreement, such amendments shall not apply until the termination of such collective bargaining agreement or January 1, 1990, whichever occurs first, if such collective bargaining agreement:
(1) Is in effect prior to the effective date of this act;
(2) terminates on or after the effective date of this act;
(3) has any provision which was entered into by a labor organization (as defined by section 6(d)(4) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)); and
(4) contains any provision that would be superseded by such amendments, but for the operation of this section.
(b) This section shall be a part of and supplemental to the Kansas age discrimination in employment act.
History:
L. 1988, ch. 174, § 4; April 28.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1121 Rules and regulations.

44-1121.
Rules and regulations.
The Kansas human rights commission may adopt suitable rules and regulations to carry out the provisions of the Kansas age discrimination in employment act.
History:
L. 1989, ch. 148, § 1; L. 1991, ch. 148, § 8; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1125 Definitions.

44-1125.
Definitions.
As used in this act:
(a) "Member of the military" means a member of the armed forces or national guard on active duty or a member of an active reserve unit in the armed forces or national guard.
(b) "Person" and "public accommodations" have the meanings provided by K.S.A. 44-1002 and amendments thereto.
History:
L. 1993, ch. 233, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1126 Prohibited acts.

44-1126.
Prohibited acts.
(a) No person shall:
(1) Discriminate against a member of the military because of military status;
(2) discriminate against a member of the military with respect to employment, or employment position or status, because of membership or service in the military;
(3) deny employment to any member of the military, or disqualify for or discharge from employment any member of the military, because of membership or service in the military; or
(4) discharge from employment any member of the military because of the member's performance of emergency military duty.
(b) No officer or employee of the state or any political or taxing subdivision of the state shall:
(1) Discriminate against a member of the military because of military status;
(2) discriminate against a member of the military with respect to employment or appointment, or employment position or status, because of membership or service in the military; or
(3) deny employment to a member of the military, or disqualify for or discharge from employment any member of the military, because of membership or service in the military.
(c) No person shall prohibit or refuse entrance to, or otherwise discriminate against, any member of the military in any place of public accommodations because the member is wearing the member's military uniform or because of the member's membership or service in the military.
History:
L. 1993, ch. 233, § 2; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1127 Civil action for violations.

44-1127.
Civil action for violations.
Any person aggrieved by an alleged violation of this act may bring a civil action in the district court of the county in which the violation is alleged to have occurred or in which the alleged violator resides or transacts business. If the court finds that a violation has occurred, the court may award to the plaintiff actual damages, or $500, whichever is greater, for each violation. The court may also grant as relief any permanent or temporary injunction or restraining order, including an order enjoining the defendant from engaging in such violation or ordering such affirmative action as may be appropriate. The prevailing party shall be awarded court costs and reasonable attorney fees.
History:
L. 1993, ch. 233, § 3; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1128 Construction of act.

44-1128.
Construction of act.
Nothing in this act shall be construed to prohibit:
(a) Consideration or application of characteristics directly affecting the credit worthiness of a member of the military; or
(b) sales promotions or discounts limited to members of specified groups of people.
History:
L. 1993, ch. 233, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1131 Definitions.

44-1131. Definitions.
As used in K.S.A. 44-1131 and 44-1132, and amendments thereto:
(a) "Domestic violence" means abuse as defined in K.S.A. 60-3102, and amendments thereto.
(b) "Sexual assault" means any crime defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto, (rape), 21-3503, prior to its repeal, or subsection (a) of K.S.A. 21-5506, and amendments thereto, (indecent liberties with a child), 21-3504, prior to its repeal, or subsection (b) of K.S.A. 21-5506, and amendments thereto, (aggravated indecent liberties with a child), 21-3505, prior to its repeal, or subsection (a) of K.S.A. 21-5504, and amendments thereto, (criminal sodomy), 21-3506, prior to its repeal, or subsection (b) of K.S.A. 21-5504, and amendments thereto, (aggravated criminal sodomy), 21-3602, prior to its repeal, or subsection (a) of K.S.A. 21-5604, and amendments thereto, (incest) or 21-3603, prior to its repeal, or subsection (b) of K.S.A. 21-5604, and amendments thereto, (aggravated incest).
History:
L. 2006, ch. 213, § 9; L. 2011, ch. 30, § 190; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1133 Duties of secretary of labor; rules and regulations.

44-1133.
Duties of secretary of labor; rules and regulations.
The secretary of labor shall enforce K.S.A. 44-1131 and 44-1132, and amendments thereto, and may adopt rules and regulations necessary to implement the provisions of K.S.A. 44-1132, and amendments thereto.
History:
L. 2008, ch. 105, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1136 Kansas employment first initiative act; definitions; policy declaration.

44-1136. Kansas employment first initiative act; definitions; policy declaration.
(a) This act shall be known as and cited as the Kansas employment first initiative act. As used in this act:
(1) "Competitive employment" means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.
(2) "Integrated setting" means with respect to an employment outcome, a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals, other than non-disabled individuals who are providing services to those applicants or eligible individuals, to the same extent that non-disabled individuals in comparable positions interact with other persons.
(b) It is hereby declared to be the policy of the state of Kansas that competitive and integrated employment shall be considered its first option when serving persons with disabilities who are of working age to obtain employment. This policy applies to programs and services that provide services and support to help obtain employment for persons with disabilities. All state agencies shall follow this policy and ensure that it is effectively implemented in their programs and services. Nothing in this section shall be construed to require any employer to give preference to hiring people with a disability.
History:
L. 2011, ch. 102, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 11 - Discrimination In Employment › 44-1137 State agencies; competitive integrated employment of disabled individuals; rules and regulations.

44-1137. State agencies; competitive integrated employment of disabled individuals; rules and regulations.
(a) All state agencies shall coordinate efforts and shall collaborate within and among such agencies to ensure that state programs, policies, procedures and funding support competitive and integrated employment of individuals with disabilities. All state agencies shall, whenever feasible, share data and information across systems in order to track progress toward full implementation of the act.
(b) State agencies are authorized to adopt rules and regulations to implement this act.
History:
L. 2011, ch. 102, § 2; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 12 - Minimum Wage And Maximum Hours › 44-1201 Short title.

44-1201.
Short title.
On and after January 1, 1978, K.S.A. 44-1201 to 44-1213, inclusive, shall be known and may be cited as "the minimum wage and maximum hours law."
History:
L. 1977, ch. 179, § 3; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 12 - Minimum Wage And Maximum Hours › 44-1202 Minimum wage and maximum hours law; definitions.

44-1202.
Minimum wage and maximum hours law; definitions.
As used in K.S.A. 44-1201 to 44-1213, inclusive, and amendments thereto, unless the context otherwise requires:
(a) "Secretary" means the secretary of labor.
(b) "Wage" means compensation due to an employee by reason of the employee's employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such allowances as may be permitted by regulations of the secretary under K.S.A. 44-1207, and amendments thereto.
(c) "Employ" means to suffer or permit to work.
(d) "Employer" means any individual, partnership, association, corporation, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include any employer who is subject to the provisions of the fair labor standards act of 1938 (29 U.S.C.A. § 201 et seq.) and any other acts amendatory thereof or supplemental thereto.
(e) "Employee" means any individual employed by an employer, but shall not include: (1) Any individual employed in agriculture; (2) any individual employed in domestic service in or about a private home; (3) any individual employed in a bona fide executive, administrative or professional capacity or in the capacity of an outside commission paid salesman, as such terms are defined and delimited by rules and regulations of the secretary; (4) any individual employed by the United States; (5) any individual who renders service gratuitously for a nonprofit organization as such terms are defined by rules and regulations of the secretary; (6) persons eighteen years of age or less employed for any purpose on an occasional or part-time basis; or (7) any individual employed by a unified school district in an executive, administrative or professional capacity, if the individual is engaged in such capacity 50% or more of the hours during which the individual is so employed.
(f) "Occupation" means employment in any service, trade, business, industry or other gainful employment.
(g) "Gratuity" means voluntary monetary contribution received by an employee from a guest, patron or customer for services rendered.
(h) "Occasional or part-time basis" means any employee working less than 40 hours per week and, for the purposes of this definition, students 18 years of age and under working between academic terms shall be considered part-time employees regardless of the number of hours worked.
History:
L. 1977, ch. 179, § 4; L. 1979, ch. 162, § 2; L. 1988, ch. 175, § 1; L. 2004, ch. 179, § 84; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 12 - Minimum Wage And Maximum Hours › 44-1203 Same; minimum wage; computation; applicability of section.

44-1203.
Same; minimum wage; computation; applicability of section.
(a) Except as otherwise provided in the minimum wage and maximum hours law, every employer shall pay to each employee wages at a rate as follows:
(1) Prior to January 1, 2010, employee wages shall be paid at a rate of not less than $2.65 an hour; and
(2) on and after January 1, 2010, employee wages shall be paid at a rate of not less than $7.25 an hour.
(b) In calculating such minimum wage rate, an employer may include tips and gratuities received by an employee if such tips and gratuities have customarily constituted part of the remuneration of the employee and if the employee concerned actually received and retained such tips and gratuities. For employees receiving tips and gratuities, the employer shall pay a minimum wage of at least $2.13 an hour. If when combined with the minimum wage rate prescribed in this subsection the amount of the employee's tips and gratuities are:
(1) At least equal to $7.25 an hour, no further payment is required by the employer; or
(2) less than $7.25 an hour, the employer must pay the employee the difference between $7.25 an hour and the actual hourly amount received by the employee determined by combining the amount of tips and gratuities received by the employee with the minimum wage prescribed by this subsection paid by the employer.
(c) The provisions of this section shall not apply to any employers and employees who are covered under the provisions of the federal fair labor standards act (29 U.S.C.A. § 201 et seq.), and any other acts amendatory thereof or supplemental thereto.
History:
L. 1977, ch. 179, § 5; L. 1988, ch. 175, § 2; L. 2009, ch. 115, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 12 - Minimum Wage And Maximum Hours › 44-1204 Same; overtime compensation; exceptions.

44-1204. Same; overtime compensation; exceptions.
(a) On and after January 1, 1978, no employer shall employ any employee for a workweek longer than 46 hours, unless such employee receives compensation for employment in excess of 46 hours in a workweek at a rate of not less than 11/2 times the hourly wage rate at which such employee is regularly employed.
(b) No employer shall be deemed to have violated subsection (a) with respect to the employment of any employee who is covered by this section, who is engaged in the public or private delivery of emergency medical services as an emergency medical service provider as defined by K.S.A. 65-6112, and amendments thereto, or who is engaged in fire protection or law enforcement activities, including any member of the security personnel in any correctional institution, and who is paid compensation at a rate of not less than 11/2 times the regular rate at which such employee is employed:
(1) In any work period of 28 consecutive days in which such employee works for tours of duty that in the aggregate exceed 258 hours; or
(2) in the case of any such employee to whom a work period of at least seven but less than 28 days applies, in any such work period in which such employee works for tours of duty that in the aggregate exceed a number of hours that bear the same ratio to the number of consecutive days in such work period as 258 hours bears to 28 days.
(c) The provisions of this section shall not apply to the employment of:
(1) Any employee who is covered under the provisions of section 7 of the fair labor standards act of 1938 as amended, 29 U.S.C.A. § 207, and as amended by the fair labor standards amendments of 1974, and amendments thereto; or
(2) any employee who is primarily engaged in selling motor vehicles, as defined in K.S.A. 8-126, and amendments thereto, for a non-manufacturing employer primarily engaged in the business of selling such vehicles to ultimate purchasers;
(3) any person who is sentenced to the custody of the secretary of corrections and any person serving a sentence in a county jail.
(d) For the purposes of this section, the agreement or practice by employees engaged in fire protection or law enforcement activities of substituting for one another on regularly scheduled tours of duty, or a part thereof, shall be deemed to have no effect on hours of work if:
(1) The substituting is done voluntarily by the employees and not at the behest of the employer;
(2) the reason for substituting is due not to the employer's business practice but to the employee's desire or need to attend to a personal matter;
(3) a record is maintained by the employer of all time substituted by the employer's employees; and
(4) the period during which time is substituted and paid back does not exceed 12 months.
History:
L. 1977, ch. 179, § 6; L. 1979, ch. 162, § 1; L. 2010, ch. 119, § 16; L. 2013, ch. 92, § 5; L. 2019, ch. 64, § 11; June 6.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 12 - Minimum Wage And Maximum Hours › 44-1205 Same; discrimination in payment of wages within establishment between sexes prohibited; exceptions.

44-1205.
Same; discrimination in payment of wages within establishment between sexes prohibited; exceptions.
On and after January 1, 1978, no employer having employees of both sexes shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate of wages paid to employees of the opposite sex in such establishment for equal work on jobs, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to: (a) A seniority system; (b) a merit system; (c) a system which measures earnings by quantity or quality of production; or (d) a differential based on a factor other than sex. An employer who is paying wage rate differential in violation of this section shall not be required, in order to comply with the provisions of this section, to reduce the wage rate of any employee.
History:
L. 1977, ch. 179, § 7; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 12 - Minimum Wage And Maximum Hours › 44-1206 Same; authority of secretary of human resources to enter and inspect places of business upon complaint.

44-1206.
Same; authority of secretary of human resources to enter and inspect places of business upon complaint.
Only upon receipt of a written complaint from an employee who alleges to have been aggrieved under the provisions of this act on or after January 1, 1978, shall the secretary or the authorized representative of the secretary have authority to enter and inspect any place of business or employment in this state. Such authority shall include the power to examine and inspect all books, registers, payrolls and other records that in any way relate to wages and hours of employees; to copy any such books, registers, payrolls and other records as the secretary or the authorized representative of the secretary may deem necessary or appropriate; and to question employees.
History:
L. 1977, ch. 179, § 8; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 12 - Minimum Wage And Maximum Hours › 44-1207 Same; rules and regulations to carry out provisions of act; permits for employment of certain workers; advisory committee.

44-1207.
Same; rules and regulations to carry out provisions of act; permits for employment of certain workers; advisory committee.
(a) On and after January 1, 1978, the secretary shall adopt such rules and regulations as are necessary to carry out the purposes and provisions of K.S.A. 44-1201 to 44-1213, inclusive, to prevent the circumvention or evasion thereof and to safeguard the minimum wage and overtime rates established by this act. Such rules and regulations may include, but are not limited to, regulations defining and governing: Outside salesmen; bonuses; part-time rates; special pay for special or extra work; allowances as part of the wage rates applicable under this act for board, lodging and gratuities; other facilities or services furnished by employers and used by employees; and other special items usual in a particular employer-employee relationship.
(b) On and after January 1, 1978, in order to prevent curtailment of opportunities for employment, avoid undue hardship and safeguard the minimum wage rates under K.S.A. 44-1201 to 44-1213, inclusive, the secretary also may adopt rules and regulations providing for: (1) The employment of handicapped workers or patient laborers at state institutions or hospitals at wages lower than the wage rates applicable under K.S.A. 44-1201 to 44-1213, inclusive, under permits and for such periods of time as specified therein; and (2) the employment of learners and apprentices at wages lower than the wage rates applicable under this act, under permits and subject to such limitations on number, proportion, length of learning period, occupations and other conditions as the secretary may prescribe.
(c) On and after January 1, 1978, the secretary is authorized to appoint an advisory committee, composed of any equal number of not more than three (3) representatives of each of employers, employees and disinterested persons representing the general public, with whom the secretary may consult concerning the making and revising of the rules and regulations. Members of the advisory committee attending meetings of such committee, or attending a subcommittee meeting thereof authorized by the committee, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto.
History:
L. 1977, ch. 179, § 9; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 12 - Minimum Wage And Maximum Hours › 44-1208 Judicial review of secretary's action.

44-1208.
Judicial review of secretary's action.
Any action of the secretary or the secretary's representatives in administering K.S.A. 44-1201 through 44-1213, and amendments thereto, is subject to review in accordance with the Kansas judicial review act.
History:
L. 1977, ch. 179, § 10; L. 1986, ch. 318, § 65; L. 2010, ch. 17, § 81; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 12 - Minimum Wage And Maximum Hours › 44-1209 Recordkeeping requirements; records open to inspection by secretary of human resources.

44-1209.
Recordkeeping requirements; records open to inspection by secretary of human resources.
On and after January 1, 1978, every employer subject to any provision of K.S.A. 44-1201 to 44-1213, inclusive, or of any rule and regulation adopted pursuant thereto, shall make and keep, for a period of not less than three (3) years, in or about the premises wherein any employee is employed, a record of the name and occupation of each employee, the rate of pay and the amount paid each pay period to each such employee, the hours worked each day and each work week by each such employee and such other information as the secretary may prescribe by rules and regulations as being necessary or appropriate for the enforcement of the provisions of K.S.A. 44-1201 to 44-1213, inclusive, or of the rules and regulations adopted pursuant thereto. In lieu of the records required under this section, any employer who is covered under the provisions of the fair labor standards act of 1938, as amended (29 U.S.C.A. § 201 et seq.) and as further amended by the fair labor standards amendments of 1974 and any other acts amendatory thereof or supplemental thereto, may keep and maintain the records required under said fair labor standards act of 1938, as amended. Such records shall be open for inspection or transcription by the secretary or the authorized representative of the secretary at any reasonable time.
History:
L. 1977, ch. 179, § 11; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 12 - Minimum Wage And Maximum Hours › 44-1210 Violations; penalties.

44-1210.
Violations; penalties.
(a) On and after January 1, 1978, any employer who is convicted of violating any provisions of K.S.A. 44-1201 to 44-1213, inclusive, or falsifying any record pertaining thereto shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).
(b) On and after January 1, 1978, any employer who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his or her employer or the secretary, or to the authorized representative of the secretary, that he or she has not been paid wages in accordance with K.S.A. 44-1201 to 44-1213, inclusive, or rules or regulations issued thereunder, or because such employee has caused to be instituted, or is about to cause to be instituted, any proceeding under or related to K.S.A. 44-1201 to 44-1213, inclusive, or because such employee has testified or is about to testify in any such proceeding, shall be deemed in violation of K.S.A. 44-1201 to 44-1213, inclusive, and, upon conviction therefor, shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).
History:
L. 1977, ch. 179, § 12; July 1.