Kansas Statutes

Chapter 44: Labor And Industries

Article 4: Private Employment Agencies

Statutes:

• 44-401: Definitions.
• 44-402: Private employment agencies; license required; fees; duration of license.
• 44-403: Bond of licensee.
• 44-404: Action on bond.
• 44-405: Revocation of license; hearings.
• 44-406: Register of applicants; examination by secretary.
• 44-407: Application fee; receipts.
• 44-408: False notices, advertisements or information.
• 44-409: Complaints and prosecutions.
• 44-410: Penalties for violations.
• 44-411: Disposition of moneys received from fees.
• 44-412: Rules and regulations.
• 44-413:
• 44-414:
• 44-415:
• 44-416, 44-417:

• 44-401: Definitions. As used in K.S.A. 44-401 through 44-412 and amendments thereto:

        (a)   "Applicant" means any person who uses or attempts to use the services of a private employment agency in seeking employment.

        (b)   "Employer" means a person employing or seeking to employ a person for compensation, or any representative or employee of such a person.

        (c)   "Fee" means anything of value, including money or other valuable consideration or services or the promise of any of the foregoing, required or received by a private employment agency in payment for any of its services or any act rendered or to be rendered by the private employment agency.

        (d)   "Person" means any individual, association, partnership or corporation.

        (e) (1)   "Private employment agency" means any business which is operated for profit in this state and which:

        (A)   Secures employment; or

        (B)   by any form of advertising holds itself out to applicants as able to secure employment or to provide information or service of any kind purporting to promote, lead to or result in employment for the applicant with any employer other than itself.

        (2)   "Private employment agency" does not include:

        (A)   Any educational, religious, charitable, fraternal or benevolent organization which charges no fee for services rendered in securing employment or providing information about employment;

        (B)   any employment service operated by the state, the United States or any political subdivision of the state, or any agency thereof;

        (C)   any temporary help service that at no time advertises or represents that its employee may, with the approval of the temporary help service, be employed by one of its client companies on a permanent basis;

        (D)   any newspaper or publication of general circulation;

        (E)   any radio or television station; or

        (F)   any employment service where the fee is paid by the employer.

        History:   L. 1911, ch. 187, § 1; R.S. 1923, 44-401; L. 1971, ch. 178, § 1; L. 1976, ch. 370, § 9; L. 1984, ch. 180, § 1; L. 1995, ch. 235, § 1; L. 1996, ch. 218, § 1; July 1.

• 44-402: Private employment agencies; license required; fees; duration of license. (a) No person may open, operate or maintain any business performing any private employment agency activities or service without first obtaining a private employment agency license from the state department of labor. The annual fee for the license shall be $25. Every license shall contain the city, street and building number of the location where the licensee conducts the licensee's employment agency. The license, together with a copy of this act, shall be posted in a conspicuous place in each employment agency.

        (b)   A license issued pursuant to this act shall expire one year after its issuance. A license may be renewed upon application and payment of the annual fee not less than 30 days prior to the expiration of the license.

        History:   L. 1911, ch. 187, § 2; R.S. 1923, 44-402; L. 1984, ch. 180, § 2; L. 2004, ch. 179, § 7; July 1.

• 44-403: Bond of licensee. The secretary of labor shall require with each application for a license a bond in the penal sum of five hundred dollars with one or more sureties to be approved by the secretary, and conditioned that the obligors will not violate any of the duties, terms, conditions, provisions or requirements of this act.

        History:   L. 1911, ch. 187, § 3; R.S. 1923, 44-403; L. 1976, ch. 370, § 10; L. 2004, ch. 179, § 8; July 1.

• 44-404: Action on bond. The secretary of labor is authorized to commence action or actions on such bond or bonds in the name of the state of Kansas, by filing complaint with the attorney general or other proper prosecuting officer of any violations of its conditions.

        History:   L. 1911, ch. 187, § 4; R.S. 1923, 44-404; L. 1976, ch. 370, § 11; L. 2004, ch. 179, § 9; July 1.

• 44-405: Revocation of license; hearings. The secretary of labor is authorized to revoke any license, whenever in the judgment of the secretary, the party licensed violates any of the provisions of this act whenever written complaint shall have been filed with the secretary and the secretary gives the case full and fair hearing in accordance with the provisions of the Kansas administrative procedure act.

        History:   L. 1911, ch. 187, § 5; R.S. 1923, 44-405; L. 1976, ch. 370, § 12; L. 1988, ch. 356, § 140; L. 2004, ch. 179, § 10; July 1.

• 44-406: Register of applicants; examination by secretary. It shall be the duty of every licensed agency to keep a register in which shall be entered the name and address of every person who shall make application for employment, and the name and nature of employment wanted. Such register shall, at all reasonable hours be kept open to the inspection and examination of the secretary of labor or a person or persons designated by the secretary.

        History:   L. 1911, ch. 187, § 6; R.S. 1923, 44-406; L. 1971, ch. 178, § 2; L. 1976, ch. 370, § 13; L. 2004, ch. 179, § 11; July 1.

• 44-407: Application fee; receipts. Where a fee is charged for receiving or filing applications for employment, such fee shall not exceed $75 for which a duplicate receipt shall be given (one copy to be kept by the employee and the other for the employer), in which shall be stated the name and address of the applicant, the date of such application, the amount of the fee, and the nature of the work to be done or the situation to be procured.

        History:   L. 1911, ch. 187, § 7; R.S. 1923, 44-407; L. 1931, ch. 216, § 1; L. 1971, ch. 178, § 3; L. 1996, ch. 218, § 2; July 1.

• 44-408: False notices, advertisements or information. That any licensed agency shall not publish or cause to be published any false or fraudulent notice or advertisement, or give any false information or make any false promise concerning or relating to work or employment to anyone who shall apply for employment, and no licensed agency shall make false entries in the register to be kept as herein provided.

        History:   L. 1911, ch. 187, § 8; May 22; R.S. 1923, 44-408.

• 44-409: Complaints and prosecutions. It shall be the duty of the secretary of labor, or a person or persons designated by the secretary, when informed of any violation of this act, to file a complaint of such violation with the attorney general or with the district attorney or county attorney of the county in which such violation is alleged to have occurred and it shall be the duty of the official informed to institute criminal proceedings for the enforcement of the penalties.

        History:   L. 1911, ch. 187, § 9; R.S. 1923, 44-409; L. 1976, ch. 370, § 14; L. 2004, ch. 179, § 12; July 1.

• 44-410: Penalties for violations. Any person convicted of a violation of any of the provisions of K.S.A. 44-401 to 44-412, inclusive, and amendments thereto shall be guilty of a class C misdemeanor.

        History:   L. 1911, ch. 187, § 10; R.S. 1923, 44-410; L. 1984, ch. 180, § 3; July 1.

• 44-411: Disposition of moneys received from fees. All money or moneys received by or for the secretary of labor from fees under this act 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 the entire amount in the state treasury to the credit of the state general fund.

        History:   L. 1911, ch. 187, § 11; R.S. 1923, 44-411; L. 1976, ch. 370, § 15; L. 2001, ch. 5, § 135; L. 2004, ch. 179, § 13; July 1.

• 44-412: Rules and regulations. The secretary of labor shall adopt any rules and regulations necessary to administer and enforce the provisions of K.S.A. 44-401 through 44-412 and amendments thereto.

        History:   L. 1911, ch. 187, § 12; R.S. 1923, 44-412; L. 1976, ch. 370, § 16; L. 1984, ch. 180, § 4; L. 2004, ch. 179, § 14; July 1.

• 44-413:

        History:   L. 1957, ch. 297, § 1; L. 1968, ch. 51, § 1; Repealed, L. 1975, ch. 257, § 9; July 1.

• 44-414:

        History:   L. 1957, ch. 297, § 2; L. 1963, ch. 272, § 1; L. 1968, ch. 51, § 2; L. 1974, ch. 348, § 15; L. 1975, ch. 256, § 1; Repealed, L. 1975, ch. 257, § 9; Repealed, L. 1976, ch. 370, § 104; July 1.

• 44-415:

        History:   L. 1957, ch. 297, § 3; L. 1968, ch. 51, § 3; L. 1975, ch. 256, § 2; Repealed, L. 1975, ch. 257, § 9; July 1.

• 44-416, 44-417:

        History:   L. 1957, ch. 297, §§ 4, 5; L. 1968, ch. 51, §§ 4, 5; Repealed, L. 1975, ch. 257, § 9; July 1.