--

- - -
-- - -- --
- - - -
- -
- -
- --
1
(IAAI) prohibits discrimination on the basis of race, religion,
2
(IAIIA) prohibits discrimination on the basis of age.
-
ute was recently amended to protect only those individuals who are !0 years old or older.

Also of interest is that the Iansas Buman Iights Commission (IBIC) has interpreted I.A.I. 21-2-6 to
require that employers provide reasonable accommodations to pregnant women, including leave, even if not
-
Iurther, Iegulation 21-2-6 contemplates that a pregnant employee would be entitled to reinstatement to
that found under the Iamily and Vedical Ieave Act.
-
!
It is
unclear whether the $2,000 limit applies to independent civil actions brought under the IAAI, or if it
applies only to administrative proceedings.

Attorneys' fees are not recoverable.

1
K.S.A. 44-1001, -
2
K.S.A. 44-1111, -

B.B. 2771 (Kan. 2008) (enacted as K.S.A. 44-1112).

!
K.S.A. 44-1005(k).

Iabra v. Vid-Plains Constr., Inc., 2 Kan. App. 2d 821, 82, 90 P.d 954 (2004).
-
--

6
-
A court may also order reinstatement, hiring, or promotion.
- - --
6 months of the act of discrimination, or if the discrimination is a continuing pattern or practice, within 6
months of the last act of discrimination.
7
sharing agreement
with the Iqual Imployment Opportunity Commission (IIOC).
8
9
-
10
-
Iansas's state constitution establishes the state as a right to work state.
11
a violation of a person's right to work, including an award of attorneys' fees.
12
- -
--
1
Iansas employees, including, but not limited to: the method of payment, the timing of wage payments,
deductions from wages, and payment of wages upon separation.
established in advance by the employer.
1!
Imployees can recover unpaid back wages, willful damages in an amount not to exceed the unpaid back
recoverable in a private action under the I\PA.
An employee whose employment has ended for any reason must be paid not later than the next regular
payday upon which he/she would have been paid if still employed."
1
If there is a dispute over what wages
6
Wagher v. Cuy's Ioods, Inc., 246 Kan. 00, 885 P.2d 1197 (1994); K.S.A. 44-1011(b)().
7
K.S.A. 44-1005(i); 44-1115.
8
Bughs v. Valley State Bank, 26 Kan. App. 2d 61, 994 P.2d 1079 (1999).
9
Sandlin v. Roche Iaboratories, 268 Kan. 79, 86-87, 991 P.2d 88 (1999).
10
; Wagher v. Cuy's Ioods, Inc., 256 Kan. 00, 885 P.2d 1197 (1994).
11
Constitution of the State of Kansas, art. 15, 12.
12
K.S.A. 44-81.
1
K.S.A. 44-12 to 44-27.
1!
K.S.A. 44-14(a).
1
K.S.A. 44-15(a).
--
are due, the employer must pay the wages that are not in dispute.
16
Ixcept as allowed in I.S.A. ,!!-2!,
employees cannot waive claims under the I\PA.
17
If an employer contracts to perform work and then that work is subcontracted, the original contracting
employer is still responsible for the payment of wages if the subcontractor fails to pay wages to its employ-
ees.
18
any other person jointly or severally liable to the subcontractor therefore."
19
Iurther, employees are entitled to request and receive information relating to: wages, including pay-rates
-
ment of deductions made from wages.
20
Inder the I\PA, an employer is prohibited from withholding, deducting, or diverting any portion of an
employee's wages unless:
1. the employer is required or empowered to do so by state or federal law;
2.
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
21
22
-
(A) Contributions to and recovery of overpayments under employee welfare and pension plans;
(I) Contributions made under a collective bargaining agreement to employee welfare and pension plans
that are not subject to the federal welfare and pension plans disclosure act. Such plans include, but are
not limited to, group insurance plans, hospitalization insurance, life insurance plans approved by the
(C) Ieductions authorized in writing by employees or deduction by employers under a collective bargain-
-
provided such securities are listed on a stock exchange or are marketable over the counter;
(I) Ieductions by employers for payment into employee personal savings accounts. Such payments
include, but are not limited to, payments into credit unions, savings fund societies, savings and loan
associations, building and loan associations, savings departments of banks for Christmas, vacations or
other purposes, and payments for Inited States government bonds;
(I) Contributions by the employee for charitable purposes;
16
K.S.A. 44-16(a).
17
K.S.A. 44-21.
18
K.S.A. 44-17.
19

20
K.S.A. 44-20.
21
K.S.A. 44-19(a).
22
K.A.R. 49-20-1.
--
(I) Contributions to labor organizations for purposes of dues, assessments, initiation fees and other
charges; and
(C)
wages earned.
- -
(A) Ieductions made for cash and inventory shortages; breakage; returned checks or bad credit card sales;
losses to employers resulting from burglaries, robberies, or alleged negligent acts;
(I) Ieductions made for uniforms, special tools or special equipment which are not necessary to the per-
formance of the assigned duties and are customarily supplied by the employer;
(C) Any other deduction not set out by I.S.A. ,,!!-1 - or permitted by these rules and regulations.
- -
(A)
court order lawfully issued, to the extent permitted by that law (I.S.A. ,!!-19(a)(1));
(I) Ieductions for medical, surgical, or hospital care and services paid for by the employer which are with-
employer (I.S.A. ,!!-19(a)(2));
(C) Ieductions made to correct wage overpayments resulting from employer error when the error alone
has resulted in the overpayment. Bowever, if the deduction rate is to exceed the overpayment rate, the
employer shall be required to obtain signed authorization of the employee before making any such
deduction;
(I) Ieduction for cash advances made upon the written request or by signed agreement of the employee
and made as part payment of future wages to be earned;
(I) Ieduction for excess cash expense allowances or advances made to the employee which are not jus-
advances not returned to the employer.
2
An employer who willfully fails to pay necessary wages following termination can be penalized as follows:
is required, or an amount equal to the full amount of the unpaid wages, whichever is less.
2!
Interest on the
penalty may also be assessed by the Iepartment of Iabor in an administrative action.
2
-- -
26
-
sas employees and applies only to employers and employees not covered by federal wage and hour laws.
Imployers are generally required to pay overtime wages of one and one-half times for all hours over !6 a
week.
27 28
2
K.A.R. 49-20-1.
2!
K.S.A. 44-15(b).
2
K.S.A. 44-2.
26
K.S.A. 44-1201 to 44-121.
27
K.S.A. 44-1204(a).
28
K.S.A. 44-1205.
--
and law enforcement personnel, employees covered by section 7 of the IISA, car salespersons and prisoners.
29
-
edy.
0
Imployers should note that the law authorizes the Iansas Iepartment of Iabor to inspect places of
1
A current, unique aspect of Iansas employment law is its ability to consistently align itself with tradition: it
retains the lowest national minimum wage. Xew law has been passed to raise the minimum wage in Iansas
2

Public employees are protected by a general leave of absence statute.

Also, see note ! regarding time

Xo.

!
-- - -
Iansas follows the general rule that in the absence of a contract, express or implied, between an employee
and an employer covering the duration of employment, the employment is terminable at the will of either
party, and the employee has no cause of action for breach of contract if he or she is discharged from
employment.

law exceptions to the employment-at-will doctrine

and several state statutes that provide protection from termination for Iansas at-will employees.
-
Iecognized public policy concerns which contravene the employment-at-will rule are few and narrowly
at-will doctrine that Iansas courts
an employee for a good faith report or threat to report a serious infraction of rules, regulations, or law per-
taining to the public health, safety, and the general welfare by a co-worker or employer (whistle-blowing).
6
29
K.S.A. 44-1204(b) and (c).
0
K.S.A. 44-1211.
1
K.S.A. 44-1209 to 44-1211.
2
S.B. 160 (Kan. 2009) (signed into law by Cov. Sebelius on April 2, 2009).

K.S.A. 75-2947.
!
K.S.A. 75-427.

Johnston v. Iarmers Alliance Vut. Ins. Co., 218 Kan. 54, 545 P.2d 12 (1976).
6
Bysten v. Burlington Xorthern Santa Ie Ry. Co., 277 Kan. 551, 554, 85 P.d 118 (2004).
--
Although there are few exceptions to the employment-at-
comprehensive protection to employees discharged under the workers compensation public policy excep-
tion.
7
-
8
-
Several Iansas statutes prohibit employers from retaliating against employees for exercising various statu-
9
the unemploy-
ment compensation statute,
!0
or for engaging in union activities or otherwise exercising the right to bargain
collectively.
!1
Additionally, Iansas law prohibits employers from discriminating or retaliating against an employee
for absences incurred as a result of domestic violence or sexual assault.
!2
regarding reasonable notice and proper documentation, but essentially, employers must allow employ-
-
ily (
-
may take up to 8 days per calendar year of domestic violence leave (unless the employee handbook or other
agreement provides for additional time).
!
-
Cenerally, a unilaterally created handbook or policy will not create an implied contract. \ithout a proper
disclaimer and reservation of rights by the employer to modify, change or ignore the handbook or policies,
create implied contracts with employees. Ior instance, policies or provisions such as continuous service"
policies, progressive discipline policies, and lists of acts that constitute cause for discharge" have been held
in certain circumstances to be implied contracts.
!!
7
Conzalez-Centeno v. Xorth Central Kansas, 278 Kan. 427, 40, 101 P.d 1170 (2004).
8
at 40, 4-4 (internal citations omitted).
9
K.S.A. 44-1202.
!0
K.S.A. 44-615.
!1
K.S.A. 44-80; 75-4(b)(1), (4) (public employees).
!2
K.S.A. 44-111 to 2.
!
K.S.A. 44-112(4)(d).
!!
Allegri v Providence-St. Vargaret Bealth Ctr., 9 Kan. App. 2d 659, 684 P.2d 101 (1984) (progressive discipline
policy created issue of fact for jury as to whether an implied contract existed to follow that policy prior to termina-
tion); Kitsler v. Iife Care Ctrs. of Am., Inc., 620 I. Supp. 1268 (I. Kan. 1985) (a list of 4 actions that constitute cause
for discharge" created an issue of fact as to whether an implied contract existed).
--
-
disclosure agreements, non-solicitation (of customers or current
employees) agreements, and non-compete agreements.
-
under the Iansas Iniform 1rade Secrets Act
!
(II1SA), which provides for injunctive relief and actual
damages for a misappropriation, and for punitive damages and attorneys' fees if the misappropriation was
willful and malicious. 1rade secrets are also protected by common law.
!6
!7
Otherwise the limitations are that covenants to compete are enforced only to the extent that they are found
to be reasonable.
!8
In determining whether or not a non-competition clause is reasonable, Iansas courts will look to four fac-
-
and territorial limitations contained in the covenant reasonable based on the particular facts and circum-
stances of each case:
non-
for such remedies in the contract.
-
State civil service employees enjoy protection under the Iansas \histleblower Act.
!9
Ior those public
law remedy is
unavailable.
0
Common law protects persons who, in good faith, report infractions of rules, regulations, or the law per-
taining to public health, safety, and the general welfare.
1
!
K.S.A. 60-20, -
!6
Koch Ing'g Co. v. Iaulconer, 227 Kan. 81 610 P.2d 1094 (1980).
!7
K.S.A. 60-511(1) and K.S.A. 60-512(1).1
!8
Weber v. Tillman, 259 Kan. 457, 91 P.2d 84 (1996).
!9
K.S.A. 75-297.
0
-
tion for whistleblowing and no common- law remedy exists that they are entitled to pursue."); - Prager v. Kan-
sas Iept. of Revenue, 271 Kan. 1 (2001).
1
Palmer v. Brown, 424 Kan. 89, 752 P.2d 685 (1988); White v. Ceneral Votors Corp., 908 I.2d 669 (10th Cir. 1990),
, 498 I.S. 1069 (1991).
--
discharge by providing clear and convincing
2
concluded that the employer or a coworker was engaged in activities that violated rules, regulations, or the
-
ation for making the report."

As part of the prima facie case, the employee must also prove that any whistleblowing was done in good
faith based on concern regarding the wrongful activity reported rather than for a corrupt motive like mal-
ice, spite, jealousy, or personal gain."
!
convincing evidence that the employee was terminated for a legitimate reason, at which point the burden

Also of note is that the Iansas Ialse Claims Act (IICA)

6
provides anti-retaliation protection, but it does
not give rise to a separate private cause of action-only the Iansas Attorney Ceneral may initiate a IICA
action.
7
-
blower recovery removes one of the chief incentives for whistle-blowing and places the burden of enforcing
the IICA upon the state.
- -
Service-members are protected from discrimination under Iansas law.
8
of action for each violation for either actual damages or $00, whichever is greater.
9
for injunctions, restraining orders, and attorneys' fees and costs.
60
2
retaliation claims and determined that both Workers' Compensation and Whistleblower claims require the same bur-
of the evidence, but the evidence must be clear and convincing in nature. It is clear if it is certain, unambiguous,
and plain to the understanding. It is convincing if it is reasonable and persuasive enough to cause the trier of facts
to believe it.
at 528.

Shaw v. Southwest Kan., 42 Kan. App. 2d 994, 999 (2009) (Citing Coodman v. Wesley Ved. Center, 276 Kan. 586, 589-
590, 78 P.d 817 (200)).
!

6
K.S.A. 75-7501 through 7511.
7
K.S.A. 75-7504.
8
K.S.A. 44-1125 through 1128.
9
K.S.A. 44-1127.
60

--
-- -
-
An employer must treat an employee's time serving on a jury as a leave of absence under existing company
policy.
61
both actual damages and attorneys' fees.
62

An employee is entitled under law to at least two consecutive hours, during polling hours, in which to
vote.
6 6!
required to grant additional time during work hours if the employee would already have two consecu-
-
-
vate employment have no such protection.
-
law tort of invasion of privacy that
may be used to protect personnel and other kinds of employment records against disclosure to persons who
have no legitimate business reason to have access.
6

any doorway, open window or air intake. Iusinesses are required to post signs stating that smoking is pro-
hibited by state law.
Iusinesses are also required to adopt and maintain a written smoking policy which shall prohibit smok-
ing without exception in all areas of the place of employment. Such policy must have been communicated
to all employees upon adoption of the law and must be communicated to all new employees upon hiring.
Imployers must also provide a written copy of the smoking policy upon request to any current or prospec-
tive employee.
law.
66
Iach act of retaliation is considered a violation of the statute.
Code and only applies to individuals, businesses will technically not be liable for violations. Bowever, indi-
viduals, such as owners, managers, operators or anyone who controls the use of any public place" will be
61

62
K.S.A. 4-17.
6
K.S.A. 25-418.
6!

Kansas).
66
K.S.A. 21-4012(f).
--
for third and additional violations within a 1-year period.
67
Iach individual smoking in the workplace is
considered a separate violation. Individuals will be deemed to have allowed" smoking in prohibition of the
68
-
hibits the state from granting any other relationship the same rights or incidents of marriage.
69
law tort of invasion of privacy that
have no legitimate business reason to access them.
70
-
-- - -
Iansas permits consumer reporting agencies" to issue consumer reports" to employers verifying the use
of the information for employment purposes.
71
Consumer reporting agencies may also furnish identify-
ing information, limited to name, address, former addresses, places of employment and former places of
employment to any governmental agency.
72
A consumer reporting agency" includes:
whole or in part in the practice of assembling or evaluating consumer credit information or other
information on consumers for the purpose of furnishing consumer reports to third parties, and
which uses any means or facility of interstate commerce for the purpose of preparing or furnishing
consumer reports.
7
any written, oral, or other communication of any information by a consumer reporting agency bear-
ing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputa-
tion, personal characteristics, or mode of living which is used or expected to be used or collected in
whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for
67
K.S.A. 21-4012(d).
68
K.S.A. 21-4012(b)(1)8(2).
69

70
Iinlay - n. 65.
71
K.S.A. 50-70 (c)(2).
72
K.S.A. 50-707.
7
K.S.A. 50-702(e).
--
credit or insurance to be used primarily for personal, family, or household purposes, or employment
purposes, or other purposes authorized under I.S.A. 0-70, and amendments thereto.
7!
A consumer reporting agency must maintain strict procedures to ensure that a consumers public informa-
tion that is reported for employment purposes is accurate, or, at a minimum, advise consumers that such
information is being reported and the name and address of the individual who shall receive the informa-
tion.
7
I.S.A. ,0-712 provides:
A consumer reporting agency which furnishes a consumer report for employment purposes and
which for that purpose compiles and reports items of information on consumers which are matters
-
ment shall:
(a) at the time such public record information is reported to the user of such consumer report,
notify the consumer of the fact that public record information is being reported by the con-
sumer reporting agency, together with the name and address of the person to whom such infor-
mation is being reported; or
(b) maintain strict procedures designed to insure that whenever public record information which
is complete and up to date. Ior purposes of this paragraph, items of public record relating to
arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be con-
sidered up to date if the current public record status of the item at the time of the report is
reported.
76
Imployers who deny an individual employment, or make an employment decision based on information
contained in a consumer report, must advise the consumer against whom the adverse action is taken that
the action was taken because of the information in the report and must also supply the name and address
of the consumer reporting agency making the report.
77
If the employer obtains the information from someone - (, directly
from the State agency reporting the public information), then the employer must inform the consumer
-
sumer has sixty (60) days to make such a request. Ipon receipt of such a request, an employer must disclose
the nature of the information to the consumer and the reason for the adverse decision.
78
Iansas Iair Credit Ieporting Act if it shows by a preponderance of the evidence" that, at the time of the
alleged violation, the employer maintained reasonable procedures to assure compliance with the statute.
79
7!
K.S.A. 50-702(c). It does -
purposes of extending credit.
7
K.S.A. 50-712.
76
K.S.A. 50-712.
77
K.S.A. 50-714(a).
78
K.S.A. 50-714(b).
79
K.S.A. 50-714(c).
--
-- -
Iansas prohibits employers from requiring a person to inspect or challenge any criminal history record
information relating to that person for the purpose of obtaining a copy of the person's record in order to
qualify for employment."
80
Iansas does, however, allow employers to require a job applicant or a prospective independent contractor to
sign a release allowing the employer access to the applicant's or independent contractor's criminal history
81
An employer may seek immunity under I.S.A. ,22-!710(f) for any employment decisions based upon an
applicant's or independent contractor's criminal history record information, provided the information rea-
sonably bears upon the independent contractor's, applicant's or employee's trustworthiness, or the safety or
well- being of the employer's employees or customers."
82

In Iansas, insurance companies and educational institutions are prohibited from using Social Security
8

Iansas has a criminal eavesdropping statute.

8!
It is a Class A Visdemeanor to hear, record, or intercept,
without consent, conversations held with a reasonable expectation of privacy.
8
It is a violation of eaves-
dropping law simply to enter into a private place with the intent of surreptitiously listening to private con-
versations or observing personal conduct.
86
-- -
- -
Iansas law protects employees from employers who prevent or attempt to prevent a terminated employee
from obtaining future employment.
87
-
ple damages and attorneys' fees.
88
A Iansas state court has never ruled on the matter but there is authority
from the 1enth Circuit that supports criminal guilt as a prerequisite to civil liability.
89
1) date of employment
2) pay level
80
K.S.A. 22-4710(a) (violation of this statute is a Class A Visdemeanor).
81
K.S.A. 22-4710(c) (because this state statute is limited to - - -, it is
unclear whether a new policy requiring current employees to undergo a criminal background investigation would be
upheld).
82
K.S.A. 220-4710(f).
8
K.S.A. 40-2425 (insurance companies); 76-768 (educational institutions).
8!
K.S.A. 21-4001.
8

86
K.S.A. 21-4001(a)(1).
87
K.S.A. 44-117 through K.S.A. 44-119a.
88

89
Anderson v. Inited Tel. Co. of Kan., 9 I.2d 1500 (10th Cir. 1991).
--
) job description and duties
!) wage history.
If an employer is responding in writing to a written request from a prospective employer, the employer is
immune from civil liability for disclosure of:
1) written employee evaluations conducted prior to separation;
2) whether the employee was voluntarily or involuntarily separated from employment and the reason for
the separation.
Also, the previous employer must provide a copy of the written disclosures on request of the previous
employee.
-
Iansas law provides that it is illegal for an employer to refuse to furnish, upon written request of any
employee whose services have been terminated, a service letter setting forth the tenure of employment,
90
--
Iansas law provides that the secretary of the Iansas Iepartment of Iabor will have control over regulation
of labor and industry within the state.
91
Iansas law also provides that the secretary of the Iansas Iepart-
ment of Iabor has authority and power to enter and inspect any place of business where labor is performed
to inspect and gather statistics pertaining to safety, health, and sanitary conditions.
92
90
K.S.A. 44-808().
91
K.S.A. 44-601 -
92
K.S.A. 44-626 -
-