Wage Payment Law Summaries
Kansas, Wage Payment Law Summaries
Kansas' wage payment law is codified in the Kansas Statutes Annotated at Chapter 44, Article 3. The full text of the law is available at Wages-Hours ¶17-46,001 .
DEFINITIONS
“Employee” means any person allowed or permitted to work by an employer (Sec. 44-313).
“Employer” means any individual, partnership, association, joint stock company, trust, corporation, limited liability company or other organization, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, the state of Kansas or any department, agency or authority of the state, any city, county, school district or other political subdivision, municipality or public corporation and any instrumentality thereof, employing any person (Sec. 44-313, as amended by H. 2329, L. 2003).
Note: Any officer, manager, major shareholder or other person who has charge of the affairs of an employer, and who knowingly permits the employer to engage in violations of Secs. 44-314 and 44-315 (see below), may be deemed the employer for purposes of the wage payment law (Sec. 44-323(b), as amended by H. 2329, L. 2003).
“Wages” means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission or other basis, less authorized withholding and deductions (Sec. 44-313).
COVERAGE
Kansas' wage payment law covers any individual, partnership, association, joint stock company, trust, corporation, limited liability company or other organization, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, the state of Kansas or any department, agency or authority of the state, any city, county, school district or other political subdivision, municipality or public corporation and any instrumentality thereof, employing any person (Sec. 44-313, as amended by H. 2329, L. 2003).
See also DEFINITIONS above.
WHAT THE EMPLOYER MUST DO
Form of payment.- The employer may designate the method by which employees receive wages, provided all wages shall be paid by one or more of the following methods (Sec. 44-314, as amended by H. 2316, L. 2007, effective from and after its publication in the statute book):
in lawful money of the United States;
by check or draft which is negotiable in the community wherein the place of employment is located;
by electronic fund transfer or deposit to an automated clearinghouse member financial institution account designated by the employee; or
by payroll card.
Any employer that elects to pay wages only as described in item (3) just above shall offer an alternative payment method as a default option for employees that fail to designate a financial institution account for EFT or deposit (Sec. 44-314, as amended by H. 2316, L. 2007, effective from and after its publication in the statute book).
Any employer that elects to pay wages using a payroll card shall allow employees at least one means of fund access withdrawal per pay period at no cost to the employee for an amount up to and including the total amount of the employee's net wages, as stated on the employee's earnings statement (Sec. 44-314, as amended by H. 2316, L. 2007, effective from and after its publication in the statute book).
Not less than 30 days prior to implementing a payroll program using only the methods described in items (3) and (4) just above, an employer shall either (Sec. 44-314, as amended by H. 2316, L. 2007, effective from and after its publication in the statute book):
Conduct one or more employee forums to educate employees regarding the use of a direct deposit or payroll card program offered by the employer; or
distribute educational information to employees about direct deposits or payroll cards as they may be used under the payroll card program offered by the employer.
Employers shall retain no interest in wages paid by electronic funds transferred to an employee's payroll card account, other than the right to correct inadvertent overpayments in accordance with the rules governing direct deposit (Sec. 44-314, as amended by H. 2316, L. 2007, effective from and after its publication in the statute book).
An employer may not charge an employee initiation, loading or other participation fees to receive wages payable in an electronic fund transfer to a payroll card account, with the exception of the cost required to replace a lost, stolen or damaged payroll card (Sec. 44-314, as amended by H. 2316, L. 2007, effective from and after its publication in the statute book).
Frequency of payment.- Employers must pay all wages due to their employees at least once during each calendar month, on regular paydays designated in advance by the employer. The end of the pay period for which payment is made on a regular payday shall be not more than 15 days before such regular payday unless a variance in such requirement is authorized by state or federal law (Sec. 44-314, as amended by H. 2316, L. 2007, effective from and after its publication in the statute book).
Payment upon discharge.- Whenever an employer discharges an employee, the employer must pay the employee's earned wages not later than the next regular payday upon which the employee would have been paid if still employed either through the regular pay channels or by mail postmarked within the deadlines specified in Kansas' wage payment law if requested by the employee (Sec. 44-315(a), as amended by H. 2049, L. 1999).
Payment when employee quits.- Whenever an employee quits or resigns, the employer must pay the employee's earned wages not later than the next regular payday upon which the employee would have been paid if still employed either through the regular pay channels or by mail postmarked within the deadlines specified in Kansas' wage payment law if requested by the employee (Sec. 44-315(a), as amended by H. 2049, L. 1999).
Payment upon death of employee.- In the absence of actual notice of probate proceedings, the employer may pay, upon proper demand, wages due a deceased employee. Any such payment or payments must be in the following order of preference: spouse, children 18 years of age and over in equal shares, father, mother, sisters and brothers in equal shares, or the person to whom funeral expenses are due (Sec. 44-318).
Dispute over wages.- In case of a dispute over the amount of wages due, the employer must pay, without conditions and no later than the regular payday next following the concession, all wages, or parts of wages, conceded by the employer to be due, leaving to the employee all remedies he or she might otherwise be entitled to as to any balance claimed. Unless payment is made by binding settlement agreement, the acceptance by an employee of a payment under this section does not constitute a release as to the balance of his or her claim, and any release required by an employer as a condition to payment is a violation of Kansas' wage payment law and is null and void (Sec. 44-316).
Direct deposit.- With the written consent of the employee, payment of wages may be made by electronic deposit to an employee's account at a financial institution (Sec. 44-314, as amended by H. 2049, L. 1999).
Deductions from wages.- No employer may withhold, deduct or divert any portion of an employee's wages unless (Sec. 44-319):
the employer is required or empowered to do so by state or federal law;
the deductions are for medical, surgical or hospital care or service, without financial benefit to the employer, and are openly, clearly and in due course recorded in the employer's books; or
the employer has a signed authorization by the employee for deductions for a lawful purpose accruing to the benefit of the employee.
Wage statements.- Employers must furnish each employee, upon request by such employee, with an itemized statement of deductions made from his or her wages for each pay period such deductions are made (Sec. 44-320).
Payment for contracted work.- Whenever any person responsible pursuant to a contract for the performance of any work has subcontracted the performance of all or any part of such work, such responsible person is civilly liable to the employees of the subcontractor for wages due on account of the performance of work covered by the contract, but only if and to the extent that the subcontractor fails to pay such wages (Sec. 44-317).
NOTICE
Each employer must (Sec. 44-320):
upon the request of the employee, notify such employee in writing or as required by a collective bargaining agreement, of the rate of pay and of the day and place of payment;
upon the request of the employee, notify such employee in writing or through a posted notice maintained in a place accessible to its employees or as required by a collective bargaining agreement, of any changes in the arrangements specified in (1) above prior to the time of such changes;
upon the request of the employee, make available to such employee in writing or through a posted notice maintained in a place accessible to its employees or as required by a collective bargaining agreement, employment practices and policies with regard to vacation pay, sick leave and any other benefits to which the employee is entitled and that have a direct bearing upon wages payable.
DEADLINES
The end of the pay period for which payment is made on a regular payday may not be more than 15 days before such regular payday, unless a variance in such requirement is authorized by state or federal law (Sec. 44-314, as amended by H. 2049, L. 1999).
POLICIES
Payment for vacation.- Each employer must, upon the request of the employee, make available to such employee in writing or through a posted notice maintained in a place accessible to its employees or as required by a collective bargaining agreement, employment practices and policies with regard to vacation pay, sick leave and any other benefits to which the employee is entitled and that have a direct bearing upon wages payable (Sec. 44-320).
ENFORCEMENT
The Secretary of Human Resources enforces Kansas' wage payment law (Sec. 44-322).
Whenever a claim for unpaid wages is filed with the Secretary of Human Resources, the secretary or the secretary's authorized representative will investigate the claim to determine if a dispute exists between the parties. If it is determined that a dispute does exist and that the parties are unable to resolve their differences, the secretary or the secretary's authorized representative will set up a hearing. If the presiding officer determines the claim for unpaid wages is valid, the amount of unpaid wages owed together with any damages that may be assessed, if applicable, also will be determined by the presiding officer, who will order that the unpaid wages and any applicable damages be paid by the party responsible. Initial orders are reviewed by the secretary or the secretary's authorized representative. The decision of the secretary or the secretary's authorized representative is final and the amount of any unpaid wages and applicable damages determined by the secretary or the secretary's authorized representative to be valid is due and payable unless judicial review is sought within the time allowed by law (Sec. 44-322a).
At the discretion of the presiding officer, interest may be assessed on wage claims found to be due and owing from the date the wages were due (Sec. 44-323, as amended by H. 2329, L. 2003).
Any proceeding by one or more employees to assert any claim arising under or pursuant to Kansas' wage payment law may be brought in any court of competent jurisdiction (Sec. 44-324, as amended by H.B. 2986, L. 1995).
Assignment of claims.- Whenever the Secretary of Human Resources determines that an employee has a valid claim for unpaid wages and determines that the amount of the claim is less than $10,000, the secretary, upon the written request of the employee, will take an assignment of the claim in trust for such employee and will take action appropriate to enforce or defend such claim. Whenever the amount of the claim is equal to or greater than $10,000, the secretary, upon the written request of the employee, may take an assignment of the claim in trust for such employee and if the assessment is taken, will take action appropriate to enforce or defend such claim. With the written consent of the assignor, the secretary may settle or adjust any claim assigned under this section (Sec. 44-324, as amended by H.B. 2986, L. 1995).
WHO TO CONTACT
Contact the Secretary of Human Resources at (785) 296-5000.
RECORDKEEPING
Deductions from wages.- Deductions from wages may be taken for medical, surgical or hospital care or service, without financial benefit to the employer, if they are openly, clearly and in due course recorded in the employer's books (Sec. 44-319).
POSTING
Each employer must (Sec. 44-320):
upon the request of the employee, notify such employee in writing or through a posted notice maintained in a place accessible to its employees or as required by a collective bargaining agreement, of any changes in the arrangements specified in (1) above prior to the time of such changes;
upon the request of the employee, make available to such employee in writing or through a posted notice maintained in a place accessible to its employees or as required by a collective bargaining agreement, employment practices and policies with regard to vacation pay, sick leave and any other benefits to which the employee is entitled and that have a direct bearing upon wages payable.
PENALTIES
Failure to pay wages.- If an employer willfully fails to pay an employee wages as required by Sec. 44-314 or Sec. 44-315(a) (see WHAT THE EMPLOYER MUST DO, above), such employer is liable to the employee for the wages due and also is liable to the employee for a penalty in the fixed amount of one percent of the unpaid wages for each day, except Sundays and legal holidays, upon which such failure continues after the eighth day after the day upon which payment is required or in an amount equal to 100 percent of the unpaid wages, whichever is less. For the purpose of such additional damages, the failure to pay will not be deemed to continue after the date of the filing of a petition in bankruptcy with respect to the employer if he or she is adjudicated bankrupt upon such petition nor will it be deemed to continue after an appeal is filed under Sec. 44-322a (see ENFORCEMENT, above), until the decision becomes final (Sec. 44-315, as amended by H. 2049, L. 1999).
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