Short title

44-701. Short title. This act shall be known and may be cited as the "employment security law." History: L. 1937, ch. 255, § 1; L. 1949, ch. 288, § 1; March 5. Law Review and Bar Journal References: Survey of constitutional and administrative law, Glenn E. Opie, 12 K.L.R. 166 (1963). "Benefits for a Retiring Worker," 13 W.L.J. 261 (1974). CASE ANNOTATIONS 1. Act is complete within itself and provides its own procedure. Smith v. Robertson, 155 Kan. 706, 128 P.2d 260. 2. Jurisdiction and powers of labor commissioner under act continuing in nature. Warburton v. Warkentin, 185 Kan. 468, 469, 470, 345 P.2d 992. 3. Act complete within itself including procedure for judicial review. Johnston v. Kansas Employment Security Board of Review, 189 Kan. 327, 328, 369 P.2d 394. 4. Act should be liberally construed; right to receive benefits determined by statute. Pickman v. Weltmer, 191 Kan. 543, 544, 549, 382 P.2d 298. 5. Mentioned in finding nonresident employee entitled to judicial review in Kansas. Whitehead v. State of Kansas Labor Department, 203 Kan. 159, 160, 453 P.2d 11. 6. Cited in holding employees who elected to take their vacations at some time other than the shutdown period authorized under a collective bargaining agreement were voluntarily unemployed and not eligible for unemployment compensation benefits. Goodyear Tire & Rubber Co. v. Employment Security Board of Review, 205 Kan. 279, 469 P.2d 263. 7. Act cited; city human relations ordinance invades area preempted from local action in fair employment matters (dissenting opinion). Hutchinson Human Relations Comm. v. Midland Credit Management, Inc., 213 Kan. 308, 327, 517 P.2d 158. 8. Act complete within itself; action in district court against local office to obtain records properly dismissed. City of Hutchinson v. Hutchinson, Office of State Employment Service, 213 Kan. 399, 403, 517 P.2d 117. 9. Appeal from district court holding that claimant hereunder was not disqualified affirmed; burden of proof upon employer, preponderence of evidence. Farmland Foods, Inc. v. Abendroth, 225 Kan. 742, 594 P.2d 184. 10. Act held constitutional; not violative of due process or equal protection requirements; not unlawful delegation of legislative authority. Wesley Medical Center v. McCain, 226 Kan. 263, 264, 265, 270, 597 P.2d 1088. 11. When Employment Security Board of Review findings state only conclusions, they are inadequate and do not constitute sufficient findings for valid order. Krashin v. Kansas Employment Security Bd. of Review, 6 Kan. App. 2d 103, 626 P.2d 1221. 12. Cited in case upholding the constitutionality of K.S.A. 44-706. Leiker v. Employment Security Bd. of Review, 8 Kan. App. 2d 379, 384, 659 P.2d 236 (1983). 13. Act not arbitrary, capricious or unconstitutional as applied to closely held corporation where sole employee is sole stockholder, officer and director. State ex rel. Ludwick v. Sherlock Auction & Realty, Inc., 235 Kan. 232, 235, 678 P.2d 630 (1984). 14. Entity performing KP contract at Fort Riley is employer as defined herein, and subject to the act. Centro Management, Inc. v. Kansas Dept. of Human Resources, 237 Kan. 369, 699 P.2d 524 (1985). 15. Permanent part-time employees not involuntarily unemployed (K.S.A. 44-702) during time off; ineligible for benefits. McCall Pattern Co. v. Kansas Employment Security Bd. of Review, 238 Kan. 608, 613, 712 P.2d 1266 (1986). 16. Under act, which is complete within itself with own procedure, "employer" (K.S.A. 44-703(h)(6)) remains such until status terminated under K.S.A. 44-711(b). State ex rel . Wolgast v. Schurle, 11 Kan. App. 2d 390, 392, 722 P.2d 585 (1986). 17. Cited; classification as "successor employer" (K.S.A. 44-703, 44-710a) examined; court may determine law where facts undisputed. D S G Corp. v. Shelor, 239 Kan. 312, 321, 720 P.2d 1039 (1986). 18. Employee's right to unemployment compensation benefits following discharge for failing off-the-job drug usage test determined. National Gypsum Co. v. Kansas Employment Security Bd. of Review, 244 Kan. 678, 679, 772 P.2d 786 (1989). 19. Act does not give state "super-priority" over prior perfected security interest. Bank of Kansas v. Hutchinson Health Services, Inc., 13 Kan. App. 2d 421, 423, 773 P.2d 660 (1989). 20. Unemployment benefit hearing transcripts as inadmissible at any proceeding except those enumerated (K.S.A. 44-714) examined. Batt v. Globe Engineering Co., 13 Kan. App. 2d 500, 774 P.2d 371 (1989). 21. Nothing in unemployment security law indicates that more than one act of misconduct necessary to disqualify a claimant. Helmick v. Kansas Employment Security Bd. of Review, 17 Kan. App. 2d 444, 446, 839 P.2d 49 (1992). 22. Review of independent contractor v. employer-employee factors; right to control examined. Crawford v. Kansas Dept. of Human Resources, 17 Kan. App. 2d 707, 709, 845 P.2d 703 (1992). 23. Whether teacher deemed laid off at end of each assignment for unemployment compensation purposes examined. U.S.D. No. 500 v. Womack, 20 Kan. App. 2d 608, 890 P.2d 1233 (1995). 24. Injured worker receiving workers compensation benefits, a quadriplegic confined to wheelchair, is employer of personal care attendants for purposes of employment security law. Hartford Underwriters Ins. Co. v. Kansas Department of Human Resources, 272 Kan. 265, 32 P.3d 1146 (2001). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026