Kansas Statutes

Chapter 44: Labor And Industries

Article 1: Protection Of Employees

Statutes:

• 44-101:
• 44-102:
• 44-103:
• 44-104:
• 44-105:
• 44-106:
• 44-107:
• 44-108:
• 44-109:
• 44-110:
• 44-111, 44-112:
• 44-113 to 44-116:
• 44-117: Employer not to prevent discharged employee from obtaining employment.
• 44-118: Same; penalty.
• 44-119: Same; liability; attorney's fee.
• 44-119a: Employer immunity from liability and suit for disclosure of employment information.
• 44-120 to 44-123:
• 44-124:
• 44-125: Definitions.
• 44-126: Wage payment.
• 44-127: Crew chief registration; information to state employment service.
• 44-128: Availability of information furnished.
• 44-129: Violation of act.
• 44-130: Employment agreements assigning employee rights in inventions to employer; restrictions; certain provisions void; notice and disclosure.
• 44-131: Discharge of certain employees prohibited.

• 44-101:

        History:   L. 1903, ch. 356, § 1; R.S. 1923, 44-101; Repealed, L. 1978, ch. 191, § 3; July 1.

• 44-102:

        History:   L. 1903, ch. 356, § 2; R.S. 1923, 44-102; Repealed, L. 1978, ch. 191, § 3; July 1.

• 44-103:

        History:   L. 1903, ch. 356, § 3; R.S. 1923, 44-103; L. 1927, ch. 220, § 9; Repealed, L. 1972, ch. 157, § 20; July 1.

• 44-104:

        History:   L. 1903, ch. 356, § 4; R.S. 1923, 44-104; Repealed, L. 1978, ch. 191, § 3; July 1.

• 44-105:

        History:   L. 1903, ch. 356, § 5; R.S. 1923, 44-105; Repealed, L. 1978, ch. 191, § 3; July 1.

• 44-106:

        History:   L. 1903, ch. 356, § 6; R.S. 1923, 44-106; Repealed, L. 1978, ch. 191, § 3; July 1.

• 44-107:

        History:   L. 1903, ch. 356, § 7; R.S. 1923, 44-107; Repealed, L. 1978, ch. 191, § 3; July 1.

• 44-108:

        History:   L. 1903, ch. 356, § 8; R.S. 1923, 44-108; Repealed, L. 1978, ch. 191, § 3; July 1.

• 44-109:

        History:   L. 1905, ch. 527, § 1; R.S. 1923, 44-109; L. 1976, ch. 370, § 2; Repealed, L. 1978, ch. 191, § 3; July 1.

• 44-110:

        History:   L. 1905, ch. 527, § 2; R.S. 1923, 44-110; L. 1976, ch. 370, § 3; Repealed, L. 1978, ch. 191, § 3; July 1.

• 44-111, 44-112:

        History:   L. 1901, ch. 187, §§ 1, 2; R.S. 1923, 44-111, 44-112; Repealed, L. 1975, ch. 256, § 7; July 1.

• 44-113 to 44-116:

        History:   L. 1909, ch. 119, §§ 1 to 4; R.S. 1923, 44-113 to 44-116; Repealed, L. 1927, ch. 232, § 63; June 30.

• 44-117: Employer not to prevent discharged employee from obtaining employment. Any employer of labor in this state, after having discharged any person from his service, shall not prevent or attempt to prevent by word, sign or writing of any kind whatsoever any such discharged employee from obtaining employment from any other person, company or corporation, except by furnishing in writing, on request, the cause of such discharge.

        History:   L. 1897, ch. 144, § 1; May 8; R.S. 1923, 44-117.

• 44-118: Same; penalty. Any employer of labor, his agent or employee, who shall violate the provisions of this act shall be guilty of a misdemeanor, and shall upon conviction be fined for each offense the sum of one hundred dollars and thirty days' imprisonment in the county jail.

        History:   L. 1897, ch. 144, § 3; May 8; R.S. 1923, 44-118.

• 44-119: Same; liability; attorney's fee. Any person, firm or corporation found guilty of the violation of this act, shall be liable to the party injured to an amount equal to three times the sum he may be injured, and such employers of labor shall also be liable for a reasonable attorney fee, which shall be taxed as part of the costs in the case.

        History:   L. 1897, ch. 144, § 4; May 8; R.S. 1923, 44-119.

• 44-119a: Employer immunity from liability and suit for disclosure of employment information. (a) Unless otherwise provided by law, an employer, or an employer's designee, who discloses information about a current or former employee to a prospective employer of the employee shall be qualifiedly immune from civil liability.

        (b)   Unless otherwise provided by law, an employer who discloses information about a current or former employee to a prospective employer of the employee shall be absolutely immune from civil liability. The immunity applies only to disclosure of the following:

        (1)   Date of employment;

        (2)   pay level;

        (3)   job description and duties; and

        (4)   wage history.

        (c)   Unless otherwise provided by law, an employer who responds in writing to a written request concerning a current or former employee from a prospective employer of that employee shall be absolutely immune from civil liability for disclosure of the following information to which an employee may have access:

        (1)   Written employee evaluations which were conducted prior to the employee's separation from the employer and to which an employee shall be given a copy upon request; and

        (2)   whether the employee was voluntarily or involuntarily released from service and the reasons for the separation.

        (d)   This section shall apply to causes of action accruing on and after the effective date of this act.

        History:   L. 1995, ch. 122, § 1; July 1.

• 44-120 to 44-123:

        History:   L. 1972, ch. 330, §§ 1 to 4; Repealed, L. 1976, ch. 370, § 104; July 1.

• 44-124:

        History:   L. 1972, ch. 330, § 5; L. 1975, ch. 462, § 53; Repealed, L. 1976, ch. 370, § 104; July 1.

• 44-125: Definitions. As used in this act, the following words shall have the meaning respectively ascribed to them herein:

        (a)   "Migrant worker" means any person who is a nonresident of Kansas and who is employed temporarily in agriculturally-related work involving seasonal labor requiring his migration from one area to another in order to gain employment but shall not mean any person who is employed by any custom combine operator.

        (b)   "Crew chief" means any person, other than an employer, who brings a crew or group of migrant workers into the state of Kansas or is responsible for finding employment for them but shall not mean any custom combine operator.

        History:   L. 1974, ch. 202, § 1; July 1.

• 44-126: Wage payment. Any employer employing migrant workers, or any employee of an employer responsible for the payment of wages to migrant workers, shall make such payments directly to the individual worker and no such payment shall be made to a crew chief.

        History:   L. 1974, ch. 202, § 2; July 1.

• 44-127: Crew chief registration; information to state employment service. Any crew chief who brings any migrant worker into the state of Kansas or who is responsible for any migrant worker within the state of Kansas shall register with a local Kansas state employment service office. Upon registering, such crew chief shall furnish to such office a list of names and social security numbers of all migrant workers he serves in his capacity as crew chief and the names of those for whom recruitment is being done.

        History:   L. 1974, ch. 202, § 3; July 1.

• 44-128: Availability of information furnished. Any information filed with the local Kansas state employment service office pursuant to the provisions of K.S.A. 44-127 shall be made available to the public upon request.

        History:   L. 1974, ch. 202, § 4; July 1.

• 44-129: Violation of act. Any violation of this act shall be a class C misdemeanor. Any crew chief found to be in violation of this act shall cease to operate as a crew chief in this state for a period of two (2) years.

        History:   L. 1974, ch. 202, § 5; July 1.

• 44-130: Employment agreements assigning employee rights in inventions to employer; restrictions; certain provisions void; notice and disclosure. (a) Any provision in an employment agreement which provides that an employee shall assign or offer to assign any of the employee's rights in an invention to the employer shall not apply to an invention for which no equipment, supplies, facilities or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless:

        (1)   The invention relates to the business of the employer or to the employer's actual or demonstrably anticipated research or development; or

        (2)   the invention results from any work performed by the employee for the employer.

        (b)   Any provision in an employment agreement which purports to apply to an invention which it is prohibited from applying to under subsection (a), is to that extent against the public policy of this state and is to that extent void and unenforceable. No employer shall require a provision made void and unenforceable by this section as a condition of employment or continuing employment.

        (c)   If an employment agreement contains a provision requiring the employee to assign any of the employee's rights in any invention to the employer, the employer shall provide, at the time the agreement is made, a written notification to the employee that the agreement does not apply to an invention for which no equipment, supplies, facility or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless:

        (1)   The invention relates directly to the business of the employer or to the employer's actual or demonstrably anticipated research or development; or

        (2)   the invention results from any work performed by the employee for the employer.

        (d)   Even though the employee meets the burden of proving the conditions specified in this section, the employee shall disclose, at the time of employment or thereafter, all inventions being developed by the employee, for the purpose of determining employer and employee rights in an invention.

        History:   L. 1986, ch. 186, § 1; July 1.

• 44-131: Discharge of certain employees prohibited. (a) No employer may discharge any employee by reason of the fact that the employee performs duties as a volunteer firefighter, volunteer certified emergency medical services attendant, as defined in K.S.A. 65-6112, and amendments thereto, volunteer reserve law enforcement officer or volunteer part-time law enforcement officer. The provisions of this section shall not apply to an employer when the employee is employed by the employer as a full-time firefighter or law enforcement officer.

        (b)   For the purposes of this section, the term:

        (1)   "Employee" shall have the meaning ascribed to it in K.S.A. 44-313 and amendments thereto.

        (2)   "Employer" shall have the meaning ascribed to it in K.S.A. 44-313 and amendments thereto.

        History:   L. 2008, ch. 55, § 1; July 1.