Chapter 44, LABOR AND INDUSTRIES

44-713. Merit awards for certain employees. The secretary of labor, in recognition of meritorious service by individual employees who serve in the administration of the employment security law and who receive a preponderant share of their compensation through the employment secur…

44-713a. In-service training. Pursuant to 42 U.S.C.A. § 1101 et seq., the secretary of labor may accept assistance from the United States secretary of labor to conduct in-service training either directly or through contracts with institutions of higher education or other qualifie…

44-714. Administration of act; powers and duties of secretary; employees, agents and contractors; reports and records, confidentiality; disclosure of information; witnesses, oaths and subpoenas; state-federal cooperation; fees for document copies. (a) Duties and powers of secreta…

44-715. Kansas state employment service; officers and employees; appointments; powers and duties. (a) State employment service. The secretary of labor shall establish and maintain employment offices in such number and in such places as may be necessary for the proper administrati…

44-716. Employment security administration fund. (a) Special fund. There is hereby created in the state treasury a special fund to be known as the employment security administration fund. All moneys in this fund which are received from the federal government or any agency thereof…

44-716a. Special employment security fund; creation; authorized expenditures and transfers. (a) There is hereby created in the state treasury a special fund to be known as the special employment security fund. All interest and penalties collected under the provisions of the Kansa…

44-717. Collection of employer payments; penalties and interest, past-due reports and payments; priorities; liens, enforcement; seizure and sale of property; procedure; refunds; cash deposit or bond; liability of officers and stockholders and members and managers of limited liabi…

44-718. Protection of rights and benefits; penalties; recoupment of food stamp overissuances; withholding of state income tax from unemployment compensation. (a) Waiver of rights void. No agreement by an individual to waive, release or commute such individual's rights to benefits…

44-719. Penalties for violation of act; repayment of benefits ineligibly received, interest thereon; criminal prosecution. (a) (1) Except as provided in subsection (a)(2), any person who makes a false statement or representation knowing it to be false or knowingly fails to disclo…

44-720. Representation in court; prosecutions. (a) In civil actions. In any civil action involving the provisions of this act, the secretary of labor and the state may be represented by any qualified attorney who is an employee of the secretary of labor and designated by the secr…

44-721. Nonliability of state. Benefits shall be deemed to be due and payable under this act only to the extent provided in this act and to the extent that moneys are available therefor to the credit of the employment security fund and neither the state nor the secretary of labor…

44-722. Saving clause. The legislature reserves the right to amend or repeal all or any part of this act at any time; and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this act or by act…

44-723. Operation concurrent with federal act. If the tax imposed by title IX of the federal social security act (Public No. 271, seventy-fourth congress, approved August 14, 1935)*, or by any amendments thereto, or any other federal tax against which contributions under this act…

44-724. Separability of provisions. If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of this act and the application of such provision to other persons or circumstances shall not be affected thereby. No caption…

44-725. Contributions and payments in lieu of contributions deductible in computation of Kansas taxable income. Contributions and payments in lieu of contributions paid by the employer shall be deductible in arriving at the taxable income of such employer under the income tax law…

44-727. Title to real property acquired with federal funds. The state of Kansas is hereby authorized to receive and accept title to real property which may be acquired under rental purchase agreements executed or to be executed by the secretary in the administration of the employ…

44-752. Sections K.S.A. 44-704a and 44-713a part of and supplemental to employment security law. K.S.A. 44-704a and 44-713a shall be supplemental to and a part of the employment security law. History: L. 1971, ch. 180, § 11; February 25.

44-757. Short-term compensation program; definitions; rules and regulations; promotion of program; procedures; employer plans, requirements, review and approval; benefits, eligibility and amount; benefit period. Shared work unemployment compensation program. (a) As used in this s…

44-758. Lessor employing units and client lessees; liability for contributions on wages for services performed for client lessees; reports and records. (a) Any employer or any individual, organization, partnership, corporation or other legal entity that is a lessor employing unit…

44-759. Administrative rulings; availability of. On and after January 1, 1998, the secretary of labor shall make available in a medium readily accessible to contributing employers all administrative rulings of the department of labor which affect the duties and responsibilities o…

44-760. Employment security insurance act for domestic violence survivors; citation. This act shall be known and may be cited as the employment security insurance act for domestic violence survivors. History: L. 2003, ch. 75, § 1; July 1.

44-761. Same; definitions. As used in this act, unless the context clearly shows otherwise: (a) "Abuse" means: (1) Causing or attempting to cause physical harm; (2) placing another person in fear of imminent physical harm; (3) causing another person to engage involuntarily in sex…

44-762. Same; curriculum for claimants, implementation and approval. The secretary of labor shall implement a training curriculum for employees who will interact with claimants under the provisions of K.S.A. 44-706 and K.S.A. 44-760 through 44-764, and amendments thereto. Such cu…

44-763. Same; benefits not chargeable to employer's accounts. No contributing employer or rated governmental employer's account shall be charged with respect to the benefits paid to a claimant who is eligible to receive employment security benefits due to domestic violence as set…

44-764. Same; supplemental to employment security law. This act shall be deemed part of and supplemental to the employment security law. History: L. 2003, ch. 75, § 5; July 1.

44-765. Motor vehicle lease agreements; definitions; determination of employment relationship. (a) As used in this section: (1) "Driver" means an individual who operates a motor vehicle which is leased to a licensed motor carrier pursuant to a lease agreement. (2) "Lease agreemen…

44-766. Employers; misclassification of employee; penalty. (a) No person shall knowingly and intentionally misclassify an employee as an independent contractor for the sole or primary purpose of avoiding either state income tax withholding and reporting requirements or state unem…

44-767. Classification of workers; withholding tax and payroll information; unemployment insurance contributions due; determination of misclassification of worker, collection of income withholding taxes. (a) The secretary or the secretary's designee shall make all determinations …

44-768. Determination of classification of worker as an employee or independent contractor; circumstances for reasonable basis of classification; imposition of penalties, when. The secretary shall make the determination of employment required by K.S.A. 44-703(i)(3)(D), and amendm…

44-769. Annual report on investigations on misclassification of employees. On or before January 31 of each year, the secretary shall transmit annually to the standing committee on commerce of the senate and the standing committee on commerce and economic development of the house …

44-770. Report on employment refusal based on misconduct. (a) Each employer shall submit a report to the secretary containing: (1) The name and address of each job applicant who has been refused employment by reason of misconduct as such term is defined in K.S.A. 44-706(b)(2), an…

44-771. Unemployment compensation modernization and improvement council; creation; membership; terms; vacancies; dissolution; compensation; organization; duties and limitations; audit and executive session; staffing; initial report; certain duties of secretary; posting of materia…

44-772. Unemployment insurance program information technology system; development; utilization of technology and features; deadline; extension by legislative coordinating council; inclusion of components, features and program integrity elements specified and defined by unemployme…

44-773. Tax consequences information for claimants to be provided by secretary. (a) The secretary of labor shall include information on an unemployment insurance benefit claimant's initial notice of determination that informs the claimant of the federal and state tax consequences…

44-774. Posting of trust fund computations and data by secretary; annual certification memorandum on negative rated employers; submission by secretary to legislature. (a) The secretary of labor shall post trust fund computations and data as required by subsection (b) on a publicl…

44-775. Establishment of my reemployment plan; participation by claimants required; exceptions; extensions of temporary unemployment by secretary; conditions; limitation on total temporary unemployment; duties of secretary of labor and secretary of commerce related to the provisi…

44-777. Identity verification for claimants; form; permitted documentation; presentation to and verification by law enforcement officer; presumption of identity; immunity from liability for law enforcement. (a) The secretary of labor shall develop a form for use by claimants to e…

44-801. Certain labor organizations prohibited from being representative unit for the purpose of collective bargaining. No labor organization of any kind, agency or representative committee or plan, in which employees participate and which exists for the purpose, in whole or in p…

44-802. Definitions. The following terms, when used in this act, shall have the meaning ascribed to them in this section: (1) The term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose…

44-803. Rights of employees. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining o…

44-804. Registration of business agents; annual fee. (a) Every person, desiring to operate as a business agent in the state of Kansas, shall, before doing so, obtain a registration certificate from the secretary of state by filing an application therefor, accompanied by a registr…

44-807. Records kept by secretary of state; records to be made available for examination and copies. The secretary of state shall prepare and keep a register or proper record showing the date of filing of the application provided for in K.S.A. 44-804, and amendments thereto, the …

44-808. Unlawful acts of employer. It shall be unlawful for any employer (1) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in K.S.A. 44-803: Provided, however, That no provision of this act shall be so construed as to deprive that emplo…

44-809. Unlawful acts. It shall be unlawful for any person: (1) To interfere with or prevent the right of franchise of any member of a labor organization. The right of franchise shall include the right of an employee to make a complaint, file charges, give information or testimon…

44-809a. Certain acts unlawful and against public policy; construction. It shall be unlawful and against public policy for any person to engage in, or to induce or encourage the employees of any employer to engage in a strike or a concerted refusal in the course of their employme…

44-810. Action against a business agent for violations of act. An action shall be commenced by the attorney general or the county attorney of any county of the state on complaint of any interested party against any business agent for the violation of this act. Such action may be …

44-811. Action by or against unincorporated organization. An action or suit may be maintained by or against any unincorporated labor organization in its commonly used name. All process, pleadings, and other papers in such action may be served on the president or other officer, bu…

44-811a. Purchasing and conveying of real estate by unincorporated labor organization. Any labor organization, as defined in K.S.A. 44-802, that is unincorporated may purchase and convey real estate upon the signatures of the president, secretary and trustees of such labor organi…

44-812. Fees to state general fund. All fees collected by the secretary of state hereunder shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit…

44-813. Certain rights protected. Except as specifically provided in this act, nothing therein shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work; nor shall anything in this act be so construed as to…