reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 21 - PROCEDURES › Section 49-21-1 - Filing of complaints

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any
					complainant may file a claim, stating the details of the alleged nonpayment of
					earned wages, on official forms of the division of labor-management relations
					and employment standards. Any claim or claims filed by an attorney on behalf of
					the employee or employees shall constitute a proper filing.
(b) An assignment of the complainant's claim
					and an agreement to settle the claim with the employer shall be accepted from
					the complainant. That assignment shall take effect only after the claim is
					determined to be valid and after an amount owed, including damages if
					applicable, has been determined.
(c) There shall be no limit on the amount of
					claim in trust that may be accepted by the secretary of human resources.
(d) A fee for each claim in trust
					assigned to the Kansas department of human resources shall be collected by the
					secretary or the secretary's designee for enforcement of the claim. The fee
					shall be charged on the basis of the amount of wages found due and owing the
					employee, exclusive of penalties and interest, as follows:
Amount of claims for wages Fee
$200.00 or less 1.00
More than $200.00, but less than or equal to $500.00 $2.00
More than $500.00, but less than or equal to $1,000.00 $5.00
More than $1,000.00 $10.00
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 21 - PROCEDURES › Section 49-21-3 - Hearings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Authority
					of the hearing officer.
(1) The hearing
					officer shall be appointed by the secretary and shall have the power and
					authority, in conducting hearings in the name of the secretary, as provided in
					K.S.A.
					44-322:
(A)
					To administer oaths and examine witnesses under oath;
(B) to issue compulsory process to compel the
					attendance of witnesses or the production of papers, books, accounts, records,
					payrolls, documents, or other exhibits relating to claims for unpaid wages; and
(C) to receive depositions and
					affidavits in the process of the hearing.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 21 - PROCEDURES › Section 49-21-4 - Reciprocal enforcement agreement with other states

Current through Register Vol. 43, No. 28, July 11, 2024
The secretary of human resources may enter into agreement with
						other states to collect wages from out-of-state employers, and to perform
						reciprocal services in the state of Kansas for those other states, as follows:
(a) To the extent allowed in
					K.S.A.
					44-322, the secretary may agree to assist
					other states in the investigation of claims filed in the foreign state claiming
					unpaid wages from a Kansas employer.
(b) The secretary may request other states
					that are party to the reciprocal agreement to assist in the investigation of
					Kansas claims filed by employees performing services in Kansas when the
					employer is located in a foreign state.
(c) The secretary may agree:
(1) to enforce judgments for wage payment in
					Kansas for other states when the employer is a Kansas employer; and
(2) to request other states who are party to
					the agreement to execute Kansas judgments for wages in those foreign states
					when the services were performed in Kansas and the employer is located in a
					foreign state.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 22 - GENERAL PROVISIONS › Section 49-22-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Act" means
					the professional negotiations act, as defined in
					K.S.A.
					72-5413
et seq.
and
					amendments thereto.
(b)
					Computation of time. Whenever the time limit in these rules, for any act, is
					seven days or more, Saturdays, Sundays and legal holidays shall be included in
					making the computation. Whenever the time limit is less than seven days,
					Saturdays, Sundays and legal holidays shall be excluded. Whenever the last day
					of any time period falls on a Saturday, Sunday or legal holiday, that day shall
					be omitted from the computation. The secretary, for good cause shown, may
					extend any time limitation prescribed in these rules other than those time
					limitations fixed by statute. Computation of time shall commence when service
					to a party is made by the secretary, except as otherwise provided by these
					rules and regulations.
(c) "Party"
					means any professional employee, professional employee organization, or board
					of education named as a party in a petition filed under the act or these rules,
					or any professional employee, professional employee organization or board of
					education whose timely motion to intervene in a proceeding has been granted.
(d) "Memorandum of agreement"
					means an agreement entered into, pursuant to the provisions of
					K.S.A.
					72-5421(a), between a board
					of education and a professional employee organization.
(e) "Proof or showing of interest" means, in
					the case of a representation election pursuant to
					K.S.A.
					72-5418, a signed card or petition form
					indicating an employee's interest in questions raised in a petition form filed
					with the secretary. In the case of a professional employee organization filing
					a petition with the secretary for a representation election pursuant to
					K.S.A.
					72-5416, proof or showing of interest means a
					membership list.
(f) "Hearing
					examiner" means the secretary or the person designated by the secretary to
					conduct a hearing.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 23 - PROCEDURE › Section 49-23-4 - Notification of recognition

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All boards
					of education shall be required to file with the secretary, on a form to be
					provided by the secretary, annual notification of the status of recognition of
					any recognized employee organization, a description of the appropriate unit and
					the current memorandum of agreement status. The annual notification shall be
					filed no later than July 1 of each calendar year. A copy of the notification
					shall be filed by the secretary with the appropriate professional organization.
					No employee organization recognized as a bargaining representative of the unit
					shall lose its recognition and status by failure of a board of education to
					file.
(b) In the event a board of
					education fails to file as required by this section, the previously recognized
					bargaining representative may file with the secretary, on a form to be provided
					by the secretary, notification of the recognition and a description of the unit
					for whom the organization is or has been the recognized representative.
(c) Once a board of education has
					granted recognition to a professional employee organization the recognition
					shall remain in force and effect until changed by procedures specified by
					K.S.A.
					72-5413 et seq.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 23 - PROCEDURE › Section 49-23-5 - Service of papers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Petitions,
					complaints and other papers filed with the secretary shall be served by
					personal service, by certified mail, by telegraph or by leaving a copy thereof
					in the office or place of business of the person to be served.
(1) If service is by personal service or by
					leaving a copy of the paper in the office or place of business of the person to
					be served, a written return shall be made by the person serving the paper. The
					return shall state the time, place and manner of service, and shall be signed
					by the person serving the paper.
(2) If service is by certified mail or by
					telegraph, the signed post office receipt or telegraph receipt shall constitute
					proof of service.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 23 - PROCEDURE › Section 49-23-6 - Petition filing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A petition
					form to be provided by the secretary, may be filed with the secretary by a
					professional employee organization, board of education, or a professional
					employee for the following purposes:
(1) Unit
					determination;
(2) Representation
					election;
(3) Impasse declaration;
					and
(4) Prohibited practice.
The original of the petition shall be signed by the petitioner
						or his or her authorized representative and the original and two (2) copies
						shall be filed with the secretary.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 23 - PROCEDURE › Section 49-23-7 - Hearings, procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Notice of
					hearing.
(1) Following the filing of a
					petition, complaint or other paper with the secretary, if it appears to the
					secretary that a hearing is authorized and warranted, the secretary shall fix a
					time and place for a hearing and shall notify each of the parties and all
					individuals or employee organizations known by the secretary to represent
					employees directly affected in the matter, of the time and place of the
					hearing. The hearing shall not be held less than seven (7) days after issuance
					of the notice by the secretary, except by agreement of the parties or in
					unusual circumstances.
(2) The
					time and place of the hearing may be changed by the secretary prior to the
					beginning of the hearing. Reasonable notice of the alternate time and place of
					the hearing shall be given to all interested parties.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 24 - UNITS › Section 49-24-4 - Determining appropriate units

Current through Register Vol. 43, No. 28, July 11, 2024
Petitions for unit determination may be filed by a board of
						education, professional employee organization, or a professional employee(s).
						In the event a board of education has recognized a professional employee
						organization, unit determination or clarification questions shall be governed
						by the memorandum of agreement unless the secretary determines that the
						agreement is unclear or that the agreement is silent with regard to the
						positions in question.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 25 - ELECTIONS › Section 49-25-4 - Eligibility and conditions

Current through Register Vol. 43, No. 28, July 11, 2024
A petition may be filed by a professional employees'
						organization, board of education, or professional employees requesting the
						secretary to investigate and rule on the question(s) raised by a petition.
(a) The secretary shall investigate
					all the questions but may postpone a representation election if a unit
					determination question is in issue.
(b) A petition calling for a certification or
					decertification election shall be dismissed by the secretary if there is an
					existing memorandum of agreement, and the expiration date of the agreement is
					more than twelve (12) months subsequent to the date upon which the petition was
					filed with the secretary.
(c)
					Elections called pursuant to sufficient petitions filed after December 1 in any
					calendar year will be conducted as expeditiously as possible subsequent to July
					1 of the next ensuing calendar year.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 25 - ELECTIONS › Section 49-25-5 - Membership lists, petition

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Evidence of
					membership shall be by verified membership list. Showing of interest may be by
					petition or authorization cards. A petition shall name the board of education,
					shall show the employee's address, and shall be signed and dated by the
					professional employee specifying that the employee supports the questions
					raised by the petition. A card or petition signed and dated by a professional
					employee less than one hundred and eighty (180) days prior to the date on which
					the petition was filed shall constitute prima facie evidence of continuation of
					the authorization. Membership lists shall contain each member's name
					alphabetically and show the member's address. The list shall be verified on
					each page by an officer or representative of the organization.
(b) The proof of interest submitted shall not
					be furnished to any of the parties.
(c) The professional employees eligible to
					vote on the question(s) raised by the petition shall be those in the
					appropriate unit on the payroll on the date of validation and who remain on the
					payroll on the date of the election.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 25 - ELECTIONS › Section 49-25-6 - Listing of employees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Upon the
					filing of a petition with the secretary requesting a certification or
					decertification election, the secretary shall request, in writing, the
					appropriate board of education to furnish the secretary an alphabetical listing
					of all employees within the affected unit. The board of education shall furnish
					the listing to the secretary as expeditiously as possible not to exceed twenty
					(20) days following the date of the request by the secretary, unless otherwise
					directed by the secretary.
(b)
					Upon a determination by the secretary that an election shall be conducted, the
					secretary shall furnish a list of the names and addresses of all eligible
					professional employees in the appropriate unit to any professional employee
					organization currently recognized to represent the employees, and to all
					professional employee organizations or groups of professional employees who
					have submitted sufficient proof of interest to the secretary.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 25 - ELECTIONS › Section 49-25-7 - Notice of election

Current through Register Vol. 43, No. 28, July 11, 2024
(a) At least
					fifteen (15) days prior to an election, the secretary shall cause a notice of
					election and sample ballot to be posted in conspicuous areas where professional
					employees in the affected unit assemble.
(b) A motion for intervention for
					representation on an election ballot shall not be entertained during the ten
					(10) day period immediately preceding an election.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 25 - ELECTIONS › Section 49-25-8 - Procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All
					elections shall be by secret ballot and shall be conducted at times and places
					and in a manner prescribed by the secretary. All elections shall be conducted
					by the secretary or a designated agent of the secretary. Determinations by the
					secretary on any question regarding an election shall be final. Determinations
					by the secretary's agent on any question regarding an election shall be subject
					to review by the secretary.
(b)
					Ballots shall be prepared and issued by the secretary.
(c) The place of priority on the ballot shall
					be determined by the chronological filing or appearance on the dockets of the
					secretary but with the petitioner taking first priority, except that a
					currently recognized organization shall always take priority.
(d) In a runoff election, the place of
					priority shall be determined by the sequence of the ballot at the prior
					inclusive election. All runoff elections shall be conducted as expeditiously as
					possible not to exceed thirty (30) days following the first election unless
					otherwise ordered by the secretary.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 25 - ELECTIONS › Section 49-25-9 - Observers, eligibility, challenged ballots

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
					organization named on a ballot and the board of education shall be entitled to
					be represented by an observer at each polling place. Observers for each
					organization shall be a professional employee eligible to vote, and the board
					of education's observer shall be a non-supervisory person unless otherwise
					agreed to by all parties.
(b)
					Prior to the commencement of the election, the agent of the secretary shall
					designate the polling area and no advocating, soliciting, promoting, or
					otherwise supporting, in any manner, the election or defeat of a professional
					employees' organization or the choice of "no representation" shall be permitted
					within this area. A violation of this rule by any party or its representative
					or agent may be grounds for setting aside the election.
(c) Any prospective voter may be challenged
					for cause.
(d) All professional
					employees whose names do not appear on the list certified by the secretary as
					being a complete list of professional employees within the defined appropriate
					unit, shall be challenged by the agent of the secretary.
(e) A challenged voter shall be permitted to
					vote but the voter's ballot shall not be cast; instead it shall be sealed in a
					separate, unmarked envelope under the supervision of an agent of the secretary
					and inserted in a special, identifiable form envelope provided by the secretary
					for the purpose and return to the election agent.
(f) Prior to counting the ballots, questions
					regarding challenged voters shall be resolved by the election agent, if the
					agent is able to do so. If the election agent cannot resolve all questions
					regarding challenged voters, the agent shall seal the ballot box, and all
					questions shall be resolved by the secretary. The results of the election will
					be certified by the secretary in accordance with K.A.R. 49-25-9a.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 25 - ELECTIONS › Section 49-25-10 - Absentee ballots

Current through Register Vol. 43, No. 28, July 11, 2024
Absentee ballots shall be available from the secretary upon
						written request by an eligible voter showing good and proper cause for
						obtaining the ballot. The secretary shall rule on the sufficiency of the cause
						and shall prescribe the method and timeliness of application for absentee
						ballots on the notice of election as required by K.A.R. 49-25-4a . Ballots
						shall be mailed to voters by the secretary and shall be returned to the
						secretary's office within the time limits specified on the election notice.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 25 - ELECTIONS › Section 49-25-11 - Tally of balloting, objections

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A tally of
					ballots shall be made by the election agent immediately following the closing
					of the polls except in the case of unresolved challenged ballots. A tally sheet
					shall be furnished to all parties to the election.
(b) Each party to the election shall be
					permitted to observe the count of the ballots.
(c) All objections to a party's conduct or
					third person's conduct to the election shall be filed with the secretary within
					five (5) days of the election and the secretary shall immediately conduct an
					investigation of the objection and shall determine the sufficiency of the
					election.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 25 - ELECTIONS › Section 49-25-12 - Certification of election results

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
					Certification. The secretary shall issue to the parties a certification of the
					results of the elections, including certification of the representative, if
					appropriate. All professional employee organizations shall be certified as of
					the next February 1 following the election in which they were selected, except
					where a postponement has occurred in accordance with Article 25 of these rules
					and regulations causing the election to be conducted after February 1. In that
					event, certification shall be effective as of the next February 1 following the
					filing of the petition for the representation election.
(b) Upon receipt of the certification of
					election results, the board of education shall grant official recognition to
					the professional employee organization selected by the professional employees
					if the employees in fact have selected an exclusive representative. The
					recognition shall become effective on the date of certification by the
					secretary.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 26 - IMPASSE DECLARATION AND NOTIFICATION › Section 49-26-2 - Petition; contents

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A petition
					for impasse declaration shall state:
(1)
					Name, address, telephone number, and representative to contact for both the
					recognized employee organization and the board of education;
(2) Approximate number of employees in unit;
(3) Number of negotiation
					sessions;
(4) Number of issues in
					dispute; and
(5) Description of
					issues in dispute.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 26 - IMPASSE DECLARATION AND NOTIFICATION › Section 49-26-3 - Determination of impasse; duties of secretary

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If the
					secretary determines that an impasse exists, the secretary shall:
(1) If a federal mediator is available,
					appoint a mediator from the federal mediation and conciliation service; or
(2) If a federal mediator is not
					available within fourteen (14) days after the secretary's request the secretary
					shall appoint a mediator from a list of qualified persons maintained by the
					secretary. All mediators shall receive an amount of compensation determined to
					be appropriate by the secretary.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 26 - IMPASSE DECLARATION AND NOTIFICATION › Section 49-26-4 - Mediator authority

Current through Register Vol. 43, No. 28, July 11, 2024
The mediator may hold separate or joint meetings with the
						parties or their representatives, but any meeting shall be private and
						non-public. The meetings shall be conducted at the time and place determined by
						the mediator.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 26 - IMPASSE DECLARATION AND NOTIFICATION › Section 49-26-5 - Costs incurred in mediation

Current through Register Vol. 43, No. 28, July 11, 2024
When the impasse is resolved or when a fact-finding board is
						appointed, the secretary shall submit a statement to the parties for the costs
						incurred by the appointment and service of a mediator.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 27 - FACT-FINDING › Section 49-27-2 - Failure to resolve impasse; appointment of fact-finding board

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If a board
					of education or a recognized employee organization determines, after the seven
					(7) day period following the appointment of the mediator, that mediation has
					failed to resolve an impasse, the board of education or recognized employee
					organization shall file with the secretary notice of the failure. The secretary
					shall furnish a copy of the notification to the remaining party to the impasse.
(b) The party filing notice of the
					failure of mediation may, within ten (10) days of the filing date, request the
					secretary to appoint a fact-finding board.
(c) The party receiving the notice from the
					secretary stating the failure of mediation may, within ten (10) days from
					receipt of the notice, state their concurrence that mediation has failed and
					request the secretary to appoint a fact-finding board.
(d) Requests for appointment of fact-finding
					boards shall be considered timely if the request is postmarked by the U.S.
					Postal Service no later than the tenth day.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 27 - FACT-FINDING › Section 49-27-3 - Request for fact-finding

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A request
					for the appointment of a fact-finding board shall be in writing and may be
					filed with the secretary by either party. Both parties to the impasse shall be
					granted three (3) days from receipt of a written notification from the
					secretary to respond to the secretary, setting out:
(1) All issues at impasse;
(2) The party's final position on each issue
					at impasse; and
(3) The party's
					desire for the appointment of an individual fact-finder or for the appointment
					of a panel of three (3) fact-finders or certification by the secretary of a
					roster of five (5) fact-finders from which the parties may recommend a
					fact-finding board.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 27 - FACT-FINDING › Section 49-27-4 - Fact-finder requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The person
					or persons appointed by the secretary to serve as a fact-finding board shall
					notify the secretary of the date, time and location of the first meeting with
					the parties at impasse.
(b) The
					person or persons appointed by the secretary to serve as a fact-finding board
					shall be compensated at a rate determined by the secretary.
(c) The effective date of the appointment of
					a person to serve on a fact-finding board shall be the date on which the
					fact-finding board first meets with the parties.
(d) The secretary shall submit a statement to
					the parties for all costs incurred by the fact-finding board.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 28 - PROHIBITED PRACTICES › Section 49-28-1 - Who may file

Current through Register Vol. 43, No. 28, July 11, 2024
An allegation of a violation of
						K.S.A.
						72-5430 may be filed with the secretary by a
						board of education, professional employee organization, or a professional
						employee.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 28 - PROHIBITED PRACTICES › Section 49-28-2 - Form and filing, content

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Complaint
					forms shall be provided by the secretary.
(b) An answer filed by a party accused of a
					prohibited practice shall contain the following:
(1) A specific admission, denial, or
					explanation of each allegation of the complaint, or if the answering party is
					without knowledge thereof, he or she shall so state and the statement shall
					serve as a denial. Admissions or denials may be to all or part of an allegation
					but shall fairly meet the substance of the allegation.
(2) A clear and concise statement of the
					facts and matters of law relied upon. Any allegation in the complaint not
					specifically denied in the answer shall be deemed to be true and may be so
					found by the secretary, unless the respondent shall state in the answer that
					the respondent is without knowledge and the reasons he or she is without
					knowledge.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 30 - MINIMUM WAGE AND MAXIMUM HOURS › Section 49-30-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
The definitions herein contained are in addition to those
						expressed in K.S.A. 1978 Supp.
						44-1201 through
						44-1213:
(a) "Wage" means money due an employee from
					an employer whether determined on a time, task, piece rate, commission, bonus,
					or other basis.
(b) "Allowances"
					mean items that by these regulations may be credited in whole or in part to
					"wages" due an employee.
(c)
					"Workweek" means any period of time consisting of seven (7) consecutive days or
					one hundred sixty-eight (168) hours. The beginning of such period shall be at
					the discretion of the employer. In the case of employees who work in fire
					protection agencies or law enforcement agencies, a work period of not less than
					seven (7) days or more than twenty-eight (28) days may be established at the
					discretion of the employer.
(d)
					"Designated time" means the actual time the employee is required to report at a
					designated location regardless of whether a job assignment is made after the
					employee has reported.
(e)
					"Employer" means the state of Kansas and any county, city, improvement
					district, township, school district, or other forms of public administration.
(f) "Employee" means an individual
					employee who performs work not covered under the fair labor standards act of
					1938 (29 U.S.C.A. § 201
et seq.
, as amended) regardless
					of whether or not other employees of the same employer perform work covered
					under the fair labor standards act of 1938.
(g) "Agriculture" means an operation
					cultivating the soil, or the harvesting of crops, or the raising and feeding of
					livestock, bees, fur-bearing animals, fish, poultry, or the preparation,
					packing, packaging or transporting to market of crops or products when such is
					an integral part of the ordinary agricultural operations.
(h) "Domestic service" means an individual
					employed by an owner or tenant in a private home to clean, repair or maintain
					the private home or the property on which the private home is located, but does
					not include an individual employed by a person contracting to perform the
					service.
(i) "Executive" means:
(1) any individual who owns at least twenty
					(20) percent interest in the enterprise and is in sole charge of an independent
					establishment or a physically separated branch establishment; or
(2) an individual employed in the capacity of
					an executive paid in excess of one hundred fifty-five dollars ($155) per week
					and who does not devote more than twenty (20) percent, (forty (40) percent in
					the case of employees in a retail or service establishment) of his or her hours
					of work in a workweek to employment activities which are included in the
					coverage of these regulations.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 30 - MINIMUM WAGE AND MAXIMUM HOURS › Section 49-30-2 - Wages; commissions or bonuses; average hourly rate

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Wage"
					shall include the following:
(1) The
					reasonable cost to the employer for meals or lodging when customarily furnished
					the employee or paid for by the employer for the employee. Should a dispute
					develop, the secretary of human resources shall determine such reasonable cost
					based upon the average employer cost for meals and lodging in the area where
					incurred.
(2) Commissions or
					bonuses earned and due to employees shall be calculated as a percentage of the
					dollar amount of his or her transactions. To determine the average hourly wage
					paid to such employees, the total amount of commission or bonus earned by an
					employee during a designated work period shall be added to other wages earned
					during same period and divided by number of hours worked by the employee in
					such period.
Average hourly wage for a period = Commission or bonus plus
						wages earned / Number of hours worked
(3) The total salary for a specified work
					period whether earned on the basis of time, task, piece rate, or salary shall
					be divided by the hours worked in such period to determine the average hourly
					rate:
Average hourly rate = Total salary / Hours worked
(4) The average hourly rate of an
					employee employed in more than one position with the same employer shall be the
					total earnings for the period divided by the total hours worked:
Average hourly rate for a period = Total earnings / Total hours
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 30 - MINIMUM WAGE AND MAXIMUM HOURS › Section 49-30-3 - Hours worked; on call time; period of paid employment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Hours
					worked" means any period of time during which the employee is performing
					services for an employer or is required to wait or remain on call by an
					employer when:
(1) The employee is required
					to report at a specified time for duty or at a specified work place, even if he
					or she does nothing but wait for a work assignment.
(2) The time is spent in a sleeping period,
					of not more than eight (8) hours, which has been agreed to by the employee and
					the employer, occurring during a work period of twenty-four (24) hours or more
					when the employee is not permitted at least five (5) continuous hours of sleep.
(3) The period of time is less
					than thirty (30) minutes occurring between the required report time and the end
					of the required hours of work.
(4)
					The employer or anyone having management responsibilities of the employer has
					made any actual inferred or implied requirement that work be performed, shall
					cause any designated period of nonpaid employment to be considered as a paid
					period of employment.
(5) The time
					is spent in walking, riding, or traveling to and from the actual place the
					employee is required to report when the period of time is compensable by
					express contract, custom or practice.
(6) The time is spent by an employee who is
					on call and required to remain at a specified place to await possible call to
					perform a work assignment for the employer and is prevented from using the time
					for his or her own personal benefit by such employer requirement.
(7) The period of employment is used for
					training, lectures or meetings that occur either during the employee's regular
					working hours, or outside regular working hours when the subject matter is
					directly related to the employee's job and attendance is required; or when
					nonattendance would have an adverse effect on the employment relationship.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 30 - MINIMUM WAGE AND MAXIMUM HOURS › Section 49-30-4 - Fire protection; law enforcement activities; rescue and ambulance services; exceptions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Fire
					protection activities shall include all activities, and those related thereto,
					in the prevention, control or extinguishment of any fire which is performed by
					an organized fire department or fire protection district within the authority
					and responsibility of state statutes or local ordinances including:
					housekeeping, equipment maintenance, lecturing, community fire drills, fire
					inspections or other essential functions.
(b) Law enforcement activities shall include
					governmental agencies which are empowered to:
(1) Enforce laws designed to maintain public
					peace and order;
(2) to protect
					life and property from willful injury; or
(3) to prevent or detect crimes. Employees
					who shall be considered as being employed in law enforcement activities are
					persons employed as:
(A) City police,
					district or local police, sheriffs, undersheriffs, deputy sheriffs regularly
					employed, court marshals and deputy marshals, constables, deputy constables,
					state troopers, and highway patrol officers.
(B) Other law enforcement employees such as:
					fish and game wardens, criminal investigative agents of the district attorney,
					attorney general's office, or other law enforcement agencies concerned with
					keeping public peace and order.
(C) Employees who are employed as security
					personnel at correctional institutions and who control and maintain custody of
					inmates at a facility maintained as part of a penal system. These facilities
					include: Penitentiaries, prisons, prison farms, county, city and village jails,
					precinct house lockups and reformatories.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 31 - MINIMUM WAGE AND MAXIMUM HOURS › Section 49-31-5 - Minimum wage; tips and gratuities; permits; handicapped workers; learners and apprentices; revocation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Tips and
					gratuities received by an employee shall amount to twenty ($20) dollars or more
					per month before such tips and gratuities customarily constitute part of the
					remuneration of such employee. The employer shall have the burden of proof,
					through substantial evidence, that the allowances taken for tips and gratuities
					are factual. The employer shall have the right to require the employee to
					certify a factual accounting of all tips and gratuities received by the
					employee.
(b) Employers may make
					written application to the secretary of human resources for permits to employ
					handicapped workers, patient laborers at state institutions or hospitals, at a
					wage rate not lower than eighty-five (85) percent of the minimum wage rate
					herein required. No reduced wage shall be paid unless and until the employer
					has such permit from the secretary. Each permit shall expire one (1) year after
					it is issued. The following organizations may apply to the secretary of human
					resources for a blanket permit which allows the employment of handicapped
					persons at a reduced rate: state vocational rehabilitation agencies, state
					institutions and hospitals, and county or city hospitals. Any such application
					shall certify that no person will be so employed, unless it is approved and
					ordered by a staff doctor of the institution or hospital. A handicapped person
					may be employed beyond one (1) year at the reduced rate when a reevaluation by
					such agency, institution or hospital, determines that continued reduced wage
					rate is warranted.
(c) Employers
					may make written application to the secretary of human resources for permits to
					employ learners and apprentices at wages lower than the minimum wage. These
					learners and apprentices shall not be a part of a formalized apprenticeship
					program approved by the Kansas apprenticeship council or the bureau of
					apprenticeship and training. Permits may be obtained as follows:
(1) The secretary shall furnish for such
					applications forms which shall require:
(A) A
					description of the type and kind of training to be given each apprentice or
					learner.
(B) The employer agrees
					that he or she shall endeavor to continue each apprentice or learner in
					employment following completion of the training.
(C) The employer agrees to keep a copy of the
					permit in the employee's pay records.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 31 - MINIMUM WAGE AND MAXIMUM HOURS › Section 49-31-6 - Maximum hours before overtime; computations; schedule consecutive working days with corresponding maximum hours at regular rates; trading time

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Employees
					who are covered by the maximum hours provision of the law and who are engaged
					in fire protection or law enforcement activities shall be paid overtime
					compensation at a rate of not less than 1 1/2 times the regular rate at which
					the employee is employed. Overtime compensation shall be paid for all hours
					worked which exceed the hours worked shown opposite the number of consecutive
					days in the pay period, as follows:
Consecutive work period (days) Maximum hours at regular rates
28 258.00
27 248.75
26 239.50
25 230.50
24 221.25
23 212.00
22 202.75
21 193.50
20 184.25
19 175.00
18 165.75
17 156.75
16 147.50
15 138.25
14 129.00
13 119.75
12 110.50
11 101.25
10 92.25
9 83.00
8 73.75
7 64.50
(b) Calculations of pay rates for the
					overtime requirements of the act shall be based on an hourly rate regardless of
					the form of the wage payment. Use of the label "salary" to describe wage
					payments shall not determine coverage under or exemption from the act. All
					forms of wage payments shall be converted to an average hourly wage and may be
					computed as follows:
Monthly pay = Monthly rate * 12 / 52 weeks * hours worked
						during the week
Weekly pay, piece rate, unit bonus, commission or other = Total
						amount paid during work period / Total hours worked during period
(c) Fire protection or law
					enforcement activities employees may trade time, with the employer's
					permission, by one employee substituting for another on a regularly scheduled
					tour of duty, or for some part thereof, to permit an employee to absent himself
					or herself from work to attend to purely personal pursuits, if:
(1) The trading of time is done voluntarily
					by the employees participating in the program and not at the behest of the
					employer;
(2) The reason for
					trading time is due, not to the employer's business operations, but to the
					employee's desire or need to attend to personal matters;
(3) A record is maintained by the employer of
					all time traded by employees; and
(4) The period during which time is traded
					and paid back does not exceed 12 months. The employer shall assure that traded
					time is paid back or that proper wage payments are made as required.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 31 - MINIMUM WAGE AND MAXIMUM HOURS › Section 49-31-7 - Employment records

Current through Register Vol. 43, No. 28, July 11, 2024
In addition to the records specifically required by the minimum
						wage and maximum hours law, employers shall maintain records which reflect the
						following:
(1) The beginning dates
					and hours of the workweek or work period of each employee.
(2) The date of paydays and all wage payments
					made during each pay period including all deductions or credits made in
					computing the wage.
(3) Tips or
					gratuities received by employees which are claimed as credit within the
					provisions of K.S.A. 1978 Supp.
					44-1203.
(4) Policy setting out any seniority system,
					merit system, system to measure earnings by quantity or quality of production
					or other differential basis on which differing wage payments are computed for
					employees assigned to perform like or similar work functions.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 31 - MINIMUM WAGE AND MAXIMUM HOURS › Section 49-31-8 - Joint employment by public employers in fire prevention and law enforcement activities; overtime

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A joint
					employment relationship exists between two (2) or more public employers when
					they agree to share the services of an employee when one employer shall act
					directly or indirectly in the interest of the other employer in relations with
					the employee when:
(1) The employers each
					have the right to control the job activities of the employee.
(2) The second employer is required by local
					ordinance or otherwise to hire the employee and such employment benefits both
					employers.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 31 - MINIMUM WAGE AND MAXIMUM HOURS › Section 49-31-9 - Employee complaints under the minimum wage and maximum hours law

Current through Register Vol. 43, No. 28, July 11, 2024
Employee complaints under the minimum wage and maximum hours
						law may be in the form of a letter addressed to the secretary of human
						resources.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 45 - BOILER SPECIFICATIONS AND INSPECTIONS › Section 49-45-1 - Rules for construction of power boilers

Current through Register Vol. 43, No. 28, July 11, 2024
Section I of the American society of mechanical engineers
						(ASME) boiler and pressure vessel code, including the appendices, an
						international code and American national standard, 2007 edition, published July
						1, 2007, is hereby adopted by reference.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 45 - BOILER SPECIFICATIONS AND INSPECTIONS › Section 49-45-2 - Part A: ferrous material specifications

Current through Register Vol. 43, No. 28, July 11, 2024
Section II, part A of the American society of mechanical
						engineers (ASME) boiler and pressure vessel code, including the appendices, an
						international code and American national standard, 2007 edition, published July
						1, 2007, is hereby adopted by reference.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 45 - BOILER SPECIFICATIONS AND INSPECTIONS › Section 49-45-3 - Part B: nonferrous material specifications

Current through Register Vol. 43, No. 28, July 11, 2024
Section II, part B of the American society of mechanical
						engineers (ASME) boiler and pressure vessel code, including the appendices, an
						international code and American national standard, 2007 edition, published July
						1, 2007, is hereby adopted by reference.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 45 - BOILER SPECIFICATIONS AND INSPECTIONS › Section 49-45-4 - Part C: specifications for welding rods, electrodes, and filler metals

Current through Register Vol. 43, No. 28, July 11, 2024
Section II, part C of the American society of mechanical
						engineers (ASME) boiler and pressure vessel code, including the appendix, an
						international code and American national standard, 2007 edition, published July
						1, 2007, is hereby adopted by reference.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 45 - BOILER SPECIFICATIONS AND INSPECTIONS › Section 49-45-4a - Part D: properties (customary)

Current through Register Vol. 43, No. 28, July 11, 2024
Section II, part D, "properties (customary)" of the American
						society of mechanical engineers (ASME) boiler and pressure vessel code,
						including the appendices, an international code and American national standard,
						2007 edition, published July 1, 2007, is hereby adopted by reference.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 45 - BOILER SPECIFICATIONS AND INSPECTIONS › Section 49-45-4b - Part D-properties (metric)

Current through Register Vol. 43, No. 28, July 11, 2024
Section II, part D, "properties (metric)" of the American
						society of mechanical engineers (ASME) boiler and pressure vessel code,
						including the appendices, an international code and American national standard,
						2004 edition, published July 1, 2004, is hereby adopted by reference.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 45 - BOILER SPECIFICATIONS AND INSPECTIONS › Section 49-45-5 - Rules for construction of heating boilers

Current through Register Vol. 43, No. 28, July 11, 2024
Section IV of the American society of mechanical engineers
						(ASME) boiler and pressure vessel code, including the appendices, an
						international code and American national standard, 2007 edition, published July
						1, 2007, is hereby adopted by reference.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 45 - BOILER SPECIFICATIONS AND INSPECTIONS › Section 49-45-6 - Nondestructive examination

Current through Register Vol. 43, No. 28, July 11, 2024
Section V of the American society of mechanical engineers
						(ASME) boiler and pressure vessel code, including the appendices, an
						international code and American national standard, 2007 edition, published July
						1, 2007, is hereby adopted by reference.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 45 - BOILER SPECIFICATIONS AND INSPECTIONS › Section 49-45-7 - Recommended rules for the care and operation of heating boilers

Current through Register Vol. 43, No. 28, July 11, 2024
Section VI of the American society of mechanical engineers
						(ASME) boiler and pressure vessel code, including the appendices, an
						international code and American national standard, 2007 edition, published July
						1, 2007, is hereby adopted by reference.