Kansas Statutes

Chapter 44: Labor And Industries

Article 6: Regulation Of Labor And Industry

Statutes:

• 44-601: Prescription of functions.
• 44-601a:
• 44-601b: Same; children in industry; factory, workshop, mill and mine inspection.
• 44-602:
• 44-603: Utilities and employments subject to supervision.
• 44-604, 44-605:
• 44-606: Continuity and efficiency in operation of industries.
• 44-607: Investigations and temporary findings.
• 44-608: Orders affecting hours, ways and conditions of employment; modification.
• 44-609: Rights and contracts of parties.
• 44-610: Notice of investigation or hearing; publication.
• 44-611: Powers in investigations.
• 44-612: Judicial review of secretary's actions.
• 44-613:
• 44-614: Labor unions; collective bargaining.
• 44-615: Unlawful acts against witnesses and litigants.
• 44-616: Business operations; limitation or cessation, hearings; changing conditions.
• 44-617: Violations of act; quitting employment; picketing; intimidation.
• 44-618: Penalties for violating 44-601 to 44-628.
• 44-619: Inducing violation of act or orders; penalty.
• 44-620: Emergency control and operation.
• 44-621: Controversies between employer and employee; authority of secretary.
• 44-622: Evidence taking; examiner, appointment, qualifications, authority.
• 44-623: Orders as to minimum or standard wage; accounts pending investigations.
• 44-624: Industrial conditions and relations; investigations, inquiries.
• 44-625: Effect of act on other rights and remedies.
• 44-626: Construction of 44-601 to 44-628.
• 44-627:
• 44-628: Partial invalidity of act.
• 44-629:
• 44-630:
• 44-631: Factory, mill and mine inspection.
• 44-632:
• 44-633:
• 44-634: Annual reports; duties as to labor and industrial pursuits; enforcement of laws.
• 44-635: Interrogatories and testimony; penalty for failure to testify; information deemed confidential; penalty for disclosing.
• 44-636: Places of business; inspection; safety and protection of employees; orders; notice and hearing; penalty.
• 44-637: Definitions.
• 44-638: Statistics and information by state and municipal officers.
• 44-639: State policy as to wages, hours and insanitary conditions.
• 44-640: Conditions of employment detrimental to health and welfare unlawful.
• 44-641, 44-642:
• 44-643: Wages, hours and conditions for learners, apprentices and minors.
• 44-644:
• 44-645: Same; investigation; orders; notice and hearing; employer to display order; petition for rehearing.
• 44-646: Same; inspectors and clerical personnel.
• 44-647: Same; review of orders.
• 44-648: Same; penalties.
• 44-649:
• 44-650: Same; act supplemental.
• 44-651:
• 44-652:
• 44-653, 44-654:
• 44-655:
• 44-656, 44-657:
• 44-658:
• 44-659:
• 44-660:
• 44-661: Kansas apprenticeship council; establishment; composition; qualifications; terms; quorum; vacancies; organization; officers; meetings; expenses; clerical, secretarial and staff assistance.
• 44-661a:
• 44-662: Powers, duties and functions.

• 44-601: Prescription of functions. The secretary of labor shall have such power, authority and jurisdiction, and shall perform such duties as are in this act set forth.

        History:   L. 1920, ch. 29, § 2; L. 1921, ch. 261, § 1; R.S. 1923, 44-601; L. 1976, ch. 370, § 25; L. 2004, ch. 179, § 23; July 1.

• 44-601a:

        History:   L. 1929, ch. 258, § 5; Repealed, L. 1976, ch. 370, § 104; July 1.

• 44-601b: Same; children in industry; factory, workshop, mill and mine inspection. The secretary of labor shall have active charge of supervision of laws pertaining to children in industry, and the secretary is hereby given full jurisdiction over and control of factory, workshop and mill and mine inspection.

        History:   L. 1939, ch. 294, § 4; L. 1975, ch. 256, § 6; L. 1976, ch. 370, § 99; L. 2004, ch. 179, § 24; July 1.

• 44-602:

        History:   L. 1921, ch. 261, § 2; R.S. 1923, 44-602; Repealed, L. 1951, ch. 306, § 1; June 30.

• 44-603: Utilities and employments subject to supervision. (a) The operation of the following named and indicated employments, industries, public utilities and common carriers is hereby determined and declared to be affected with a public interest and therefore subject to supervision by the state as herein provided for the purpose of preserving the public peace, protecting the public health, preventing industrial strife, disorder and waste, and securing regular and orderly conduct of the businesses directly affecting the living conditions of the people of this state and in the promotion of the general welfare, to wit:

        (1)   The manufacture or preparation of food products whereby, in any stage of the process, substances are being converted, either partially or wholly, from their natural state, to a condition to be used as food for human beings;

        (2)   The manufacture of clothing and all manner of wearing apparel in common use by the people of this state whereby, in any stage of the process, natural products are being converted, either partially or wholly, from their natural state to a condition to be used as such clothing and wearing apparel;

        (3)   The mining or production of any substance or material in common use as fuel either for domestic, manufacturing, or transportation purposes;

        (4)   The transportation of all food products and articles or substances entering into wearing apparel, or fuel, as aforesaid, from the place where produced to the place of manufacture or consumption;

        (5)   All public utilities as defined by K.S.A. 66-104, and all common carriers as defined by K.S.A. 66-105.

        (b)   Any person, firm or corporation engaged in any such industry or employment, or in the operation of such public utility or common carrier, within the state of Kansas, either in the capacity of owner, officer or worker, shall be subject to the provisions of this act, except as limited by the provisions of this act.

        History:   L. 1920, ch. 29, § 3; Jan. 24; R.S. 1923, 44-603.

• 44-604, 44-605:

        History:   L. 1920, ch. 29, §§ 4, 5; R.S. 1923, 44-604, 44-605; Repealed, L. 1951, ch. 306, § 1; June 30.

• 44-606: Continuity and efficiency in operation of industries. It is hereby declared and determined to be necessary for the public peace, health and general welfare of the people of this state that the industries, employments, public utilities and common carriers herein specified shall be operated with reasonable continuity and efficiency in order that the people of this state may live in peace and security, and be supplied with the necessaries of life. No person, firm, corporation, or association of persons shall in any manner or to any extent, willfully hinder, delay, limit or suspend such continuous and efficient operation for the purpose of evading the purpose and intent of the provisions of this act; nor shall any person, firm, corporation, or association of persons do any act or neglect or refuse to perform any duty herein enjoined with the intent to hinder, delay, limit or suspend such continuous and efficient operation as aforesaid, except under the terms and conditions provided by this act.

        History:   L. 1920, ch. 29, § 6; Jan. 24; R.S. 1923, 44-606.

• 44-607: Investigations and temporary findings. In case of a controversy arising between employers and workers, or between groups or crafts of workers, engaged in any of such industries, employments, public utilities, or common carriers, if it shall appear to the secretary of labor that the controversy may endanger the continuity or efficiency of service of any such industries, employments, public utilities or common carriers, or affect the production or transportation of the necessaries of life affected or produced by such industries or employments, or produce industrial strife, disorder or waste, or endanger the orderly operation of such industries, employments, public utilities or common carriers, and thereby endanger the public peace or threaten the public health, full power, authority and jurisdiction are hereby granted to the secretary of labor, upon the secretary's own initiative, to summon all necessary parties before the secretary and to investigate the controversy, and to make such temporary findings and orders as may be necessary to preserve the public peace and welfare and to preserve and protect the status of the parties, property and public interests involved pending such investigations, and to take evidence and to examine all necessary records, and to investigate conditions surrounding the workers, and to consider the wages paid to labor and the return accruing to capital, and the rights and welfare of the public, and all other matters affecting the conduct of such industries, employments, public utilities or common carriers, and to settle and adjust all such controversies by such findings and orders as provided in this act.

        It is further made the duty of the secretary of labor, upon complaint of either party to such controversy, or upon complaint of any ten citizen taxpayers of the community in which such industries, employments, public utilities or common carriers are located, or upon the complaint of the attorney general of the state of Kansas, if it shall be made to appear to the secretary of labor that the parties are unable to agree and that such controversy may endanger the continuity or efficiency of service of any of the industries, employments, public utilities or common carriers, or affect the production or transportation of the necessaries of life affected or produced by such industries or employments, or produce industrial strife, disorder or waste, or endanger the orderly operation of such industries, employments, public utilities or common carriers, and thereby endanger the public peace or threaten the public health, to proceed and investigate and determine such controversy in the same manner as though upon the secretary's own initiative.

        After the conclusion of any such hearing and investigation, and as expeditiously as possible, the secretary of labor shall make and serve upon all interested parties the secretary's findings, stating specifically the terms and conditions upon which the industry, employment, utility or common carrier should be thereafter conducted insofar as the matters determined by the secretary of labor are concerned.

        History:   L. 1920, ch. 29, § 7; R.S. 1923, 44-607; L. 1976, ch. 370, § 26; L. 2004, ch. 179, § 25; July 1.

• 44-608: Orders affecting hours, ways and conditions of employment; modification. The secretary of labor shall order such changes, if any, as are necessary to be made in and about the conduct of such industry, employment, utility or common carrier, in the matters of working and living conditions, hours of labor, rules and practices, and a reasonable minimum wage, or standard of wages, to conform to the findings of the secretary of labor in such matters, as provided in this act, and such orders shall be served at the same time and in the same manner as provided for the service of the secretary's findings in this act. All such terms, conditions and wages shall be just and reasonable and such as to enable such industries, employments, utilities or common carriers to continue with reasonable efficiency to produce or transport their products or continue their operations and thus to promote the general welfare.

        Service of such order shall be made in the same manner as service of notice of any hearing before the secretary of labor as provided by this act. Such terms, conditions, rules, practices, wages, or standard of wages, so fixed and determined by the secretary of labor and stated in the order, shall continue for such reasonable time as may be fixed by the secretary of labor, or until changed by agreement of the parties with the approval of the secretary of labor.

        If either party to such controversy shall in good faith comply with any order of the secretary of labor for a period of 60 days or more, and shall find the order unjust, unreasonable or impracticable, the party may apply to the secretary of labor for a modification thereof and the secretary of labor shall hear and determine the application and make findings and orders in like manner and with like effect as originally. In such case the evidence taken and submitted in the original hearing may be considered.

        History:   L. 1920, ch. 29, § 8; R.S. 1923, 44-608; L. 1976, ch. 370, § 27; L. 2004, ch. 179, § 26; July 1.

• 44-609: Rights and contracts of parties. It is hereby declared necessary for the promotion of the general welfare that workers engaged in any of the industries, employments, utilities or common carriers shall receive at all times a fair wage and have healthful and moral surroundings while engaged in such labor; and that capital invested therein shall receive at all times a fair rate of return to the owners thereof. The right of every person to make such person's own choice of employment and to make and carry out fair, just and reasonable contracts and agreements of employment, is hereby recognized. If, during the continuance of any such employment, the terms or conditions of any such contract or agreement hereafter entered into, are by the secretary of labor, in any action or proceeding properly before the secretary under the provisions of this act, found to be unfair, unjust or unreasonable, the secretary may by proper order so modify the terms and conditions thereof so that they will be and remain fair, just and reasonable and all such orders shall be enforced as in this act provided.

        History:   L. 1920, ch. 29, § 9; R.S. 1923, 44-609; L. 1976, ch. 370, § 28; L. 2004, ch. 179, § 27; July 1.

• 44-610: Notice of investigation or hearing; publication. Before any hearing, trial or investigation shall be held by the secretary of labor, such notice as the secretary shall deem necessary shall be given to all parties interested by registered U.S. mail addressed to the parties to the post office of the usual place of residence or business of the interested parties when same is known, or by the publication of notice in some newspaper of general circulation in the county in which the industry or employment, or the principal office of such utility or common carrier is located, and the notice shall fix the time and place of the investigation or hearing. The costs of publication shall be paid by the secretary out of any funds available therefor. Such notice shall contain the substance of the matter to be investigated, and shall notify all persons interested in the matter to be present at the time and place named to give such testimony or to take such action as they may deem proper.

        History:   L. 1920, ch. 29, § 10; R.S. 1923, 44-610; L. 1976, ch. 370, § 29; L. 2004, ch. 179, § 28; July 1.

• 44-611: Powers in investigations. The secretary of labor shall have the power and authority to issue summons and subpoenas and compel the attendance of witnesses and parties and to compel the production of the books, correspondence, files, records, and accounts of any industry, employment, utility or common carrier, or of any person, corporation, association or union of employees affected, and to make any and all investigations necessary to ascertain the truth in regard to the controversy. In case any person shall fail or refuse to obey any summons or subpoena issued by the secretary after due service then and in that event the secretary is hereby authorized and empowered to take proper proceedings in any court of competent jurisdiction to compel obedience to such summons or subpoena.

        History:   L. 1920, ch. 29, § 11; R.S. 1923, 44-611; L. 1976, ch. 370, § 30; L. 2004, ch. 179, § 29; July 1.

• 44-612: Judicial review of secretary's actions. Any action of the secretary of labor pursuant to K.S.A. 44-601 through 44-628, and amendments thereto, is subject to review and enforcement by the supreme court in accordance with the act for judicial review and civil enforcement of agency actions. Any such review shall take precedence over other civil cases before the court, and the hearing and determination of the action shall be expedited as fully as may be possible consistent with a careful and thorough trial and consideration of the matter.

        History:   L. 1920, ch. 29, § 12; R.S. 1923, 44-612; L. 1976, ch. 370, § 31; L. 1986, ch. 318, § 58; L. 2004, ch. 179, § 30; July 1.

• 44-613:

        History:   L. 1920, ch. 29, § 13; R.S. 1923, 44-613; Repealed, L. 1986, ch. 318, § 146; July 1.

• 44-614: Labor unions; collective bargaining. Any union or association of workers engaged in the operation of such industries, employments, public utilities or common carriers, which shall incorporate under the laws of this state shall be considered and recognized in all its proceedings as a legal entity by the secretary of labor and may appear before the secretary through and by its proper officers, attorneys or other representatives. The right of such corporations, and of such unincorporated unions or associations of workers, to bargain collectively for their members is hereby recognized. The individual members of such unincorporated unions or associations, who shall desire to avail themselves of such right of collective bargaining, shall appoint in writing some officer or officers of such union or association, or some other person or persons as their agents or trustees with authority to enter into such collective bargains and to represent the individuals in all matters relating thereto. Such written appointment of agents or trustees shall be made a permanent record of such union or association. All such collective bargains, contracts, or agreements shall be subject to the provisions of K.S.A. 44-609 and amendments thereto.

        History:   L. 1920, ch. 29, § 14; R.S. 1923, 44-614; L. 1976, ch. 370, § 32; L. 2004, ch. 179, § 31; July 1.

• 44-615: Unlawful acts against witnesses and litigants. It shall be unlawful for any person, firm or corporation to discharge any employee or to discriminate in any way against any employee because of the fact that any such employee may testify as a witness before the secretary of labor, or shall sign any complaint or shall be in any way instrumental in bringing to the attention of the secretary of labor any matter of controversy between employers and employees as provided herein.

        It shall also be unlawful for any two or more persons, by conspiring or confederating together, to injure in any manner any other person or persons, or any corporation, in their, or its business, labor, enterprise, or peace and security, by boycott, by discrimination, by picketing, by advertising, by propaganda, or other means, because of any action taken by any such person or persons, or any corporation, under any order of the secretary of labor, or because of any action or proceeding instituted before the secretary, or because any such person or persons, or corporation, shall have invoked the jurisdiction of the secretary in any matter provided for herein.

        History:   L. 1920, ch. 29, § 15; R.S. 1923, 44-615; L. 1976, ch. 370, § 33; L. 2004, ch. 179, § 32; July 1.

• 44-616: Business operations; limitation or cessation, hearings; changing conditions. It shall be unlawful for any person, firm, or corporation engaged in the operation of any such industry, employment, utility, or common carrier willfully to limit or cease operations for the purpose of limiting production or transportation or to affect prices, for the purpose of avoiding any of the provisions of this act, except that any person, firm or corporation so engaged may apply to the secretary of labor for authority to limit or cease operations, stating the reasons thereof the secretary shall hear such application promptly in accordance with the provisions of the Kansas administrative procedure act, and if such application is found to be in good faith and meritorious, the secretary shall grant authority to limit or cease operations.

        In all such industries, employments, utilities or common carriers in which operation may be ordinarily affected by changes in season, market conditions, or other reasons or causes inherent in the nature of the business, the secretary may, upon application and after notice to all interested parties, and investigation, as herein provided, make orders fixing rules, regulations and practices to govern the operation of such industries, employments, utilities or common carriers for the purpose of securing the best service to the public consistent with the rights of employers and employees engaged in the operation of such industries, employments, utilities or common carriers.

        History:   L. 1920, ch. 29, § 16; R.S. 1923, 44-616; L. 1976, ch. 370, § 34; L. 1988, ch. 356, § 142; L. 2004, ch. 179, § 33; July 1.

• 44-617: Violations of act; quitting employment; picketing; intimidation. It shall be unlawful for any person, firm or corporation, or for any association of persons, to do or perform any act forbidden, or to fail or refuse to perform any act or duty enjoined by the provisions of this act, or to conspire or confederate with others to do or perform any act forbidden, or to fail or refuse to perform any act or duty enjoined by the provisions of this act, or to induce or intimidate any person, firm or corporation engaged in any of said industries, employments, utilities or common carriers to do any act forbidden, or to fail or refuse to perform any act or duty enjoined by the provisions of this act, for the purpose or with the intent to hinder, delay, limit, or suspend the operation of any of the industries, employments, utilities or common carriers herein specified or indicated, or to delay, limit, or suspend the production or transportation of the products of such industries, or employments, or the service of such utilities or common carriers: Provided, That nothing in this act shall be construed as restricting the right of any individual employee engaged in the operation of any such industry, employment, public utility, or common carrier to quit his employment at any time, but it shall be unlawful for any such individual employee or other person to conspire with other persons to quit their employment or to induce other persons to quit their employment for the purpose of hindering, delaying, interfering with, or suspending the operation of any of the industries, employments, public utilities, or common carriers governed by the provisions of this act, or for any person to engage in what is known as "picketing," or to intimidate by threats, abuse or in any other manner, any person or persons with intent to induce such person or persons to quit such employment, or for the purpose of deterring or preventing any other person or persons from accepting employment or from remaining in the employ of any of the industries, employments, public utilities, or common carriers governed by the provisions of this act.

        History:   L. 1920, ch. 29, § 17; Jan. 24; R.S. 1923, 44-617.

• 44-618: Penalties for violating 44-601 to 44-628. Any person willfully violating the provisions of this act, or any valid order of the secretary of labor, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction of this state shall be punished by a fine of not to exceed $1,000, or by imprisonment in the county jail for a period of not to exceed one year, or by both such fine and imprisonment.

        History:   L. 1920, ch. 29, § 18; R.S. 1923, 44-618; L. 1976, ch. 370, § 35; L. 2004, ch. 179, § 34; July 1.

• 44-619: Inducing violation of act or orders; penalty. Any officer of any corporation engaged in any of the industries, employments, utilities or common carriers herein named and specified, or any officer of any labor union or association of persons engaged as workers in any such industry, employment, utility or common carrier, or any employer of labor, coming within the provisions of this act, who shall willfully use the power, authority or influence incident to such person's official position, or position as an employer of others, and by such means shall intentionally influence, impel, or compel any other person to violate any of the provisions of this act, or any valid order of the secretary of labor, shall be deemed guilty of a felony and upon conviction thereof in any court of competent jurisdiction shall be punished by a fine not to exceed $5,000, or by imprisonment in the custody of the secretary of corrections for a term not to exceed two years, or by both such fine and imprisonment.

        History:   L. 1920, ch. 29, § 19; R.S. 1923, 44-619; L. 1976, ch. 370, § 36; L. 1990, ch. 309, § 32; L. 2004, ch. 179, § 35; July 1.

• 44-620: Emergency control and operation. In case of the suspension, limitation or cessation of the operation of any of the industries, employments, public utilities or common carriers affected by this act, contrary to the provisions hereof, or to the orders of the secretary of labor made hereunder, if it shall appear to the secretary that such suspension, limitation, or cessation shall seriously affect the public welfare by endangering the public peace, or threatening the public health, then the secretary is hereby authorized, empowered and directed to take proper proceedings in any court of competent jurisdiction of this state to take over, control, direct and operate such industry, employment, public utility or common carrier during such emergency. A fair return and compensation shall be paid to the owners of such industry, employment, public utility or common carrier and also a fair wage to the workers engaged therein, during the time of such operation under the provisions of this section.

        History:   L. 1920, ch. 29, § 20; R.S. 1923, 44-620; L. 1976, ch. 370, § 37; L. 2004, ch. 179, § 36; July 1.

• 44-621: Controversies between employer and employee; authority of secretary. When any controversy shall arise between employer and employee as to wages, hours of employment, or working or living conditions, in any industry not hereinbefore specified, the parties to such controversy may, by mutual agreement, and with the consent of the secretary of labor, refer the same to the secretary for findings and orders. Such agreement of reference shall be in writing, signed by the parties thereto; whereupon the secretary shall proceed to investigate, hear, and determine the controversy as in other cases, and in such case the findings and orders of the secretary as to the controversy shall have the same force and effect as though made in any essential industry as herein provided.

        History:   L. 1920, ch. 29, § 21; R.S. 1923, 44-621; L. 1976, ch. 370, § 38; L. 2004, ch. 179, § 37; July 1.

• 44-622: Evidence taking; examiner, appointment, qualifications, authority. The secretary of labor may appoint a person, or persons, having a technical knowledge of bookkeeping, engineering, or other technical subjects involved in any inquiry in which the secretary of labor is engaged, as an examiner for the purpose of taking evidence with relation to such subject. The examiner when appointed shall take an oath to well and faithfully perform the duties imposed upon such examiner, and shall thereafter have the same power to administer oaths, compel the production of evidence, and the attendance of witnesses as the secretary of labor would have if sitting in the same matter. The examiner shall receive such compensation as may be provided by law or as fixed by the secretary.

        History:   L. 1920, ch. 29, § 22; R.S. 1923, 44-622; L. 1976, ch. 370, § 39; L. 2004, ch. 179, § 38; July 1.

• 44-623: Orders as to minimum or standard wage; accounts pending investigations. Any order made by the secretary of labor as to a minimum wage or a standard of wages shall be deemed prima facie reasonable and just, and if the minimum wage or standard of wages shall be in excess of the wages theretofore paid in the industry, employment, utility or common carrier, then and in that event the workers affected thereby shall be entitled to receive the minimum wage or standard of wages from the date of the service of summons or publication of notice instituting the investigation, and shall have the right individually, or in case of incorporated unions or associations, or unincorporated unions or associations entitled thereto, collectively, to recover in any court of competent jurisdiction the difference between the wages actually paid and the minimum wage or standard of wages so found and determined by the court in such order.

        It shall be the duty of all employers affected by the provisions of this act, during the pendency of any investigation brought under this act, or any litigation resulting therefrom, to keep an accurate account of all wages paid to all workers interested in the investigation or proceedings. In the event the order shall fix a wage or standard of wages which is lower than the wages theretofore paid in the industry, employment, utility or common carrier affected, then and in that event the employers shall have the same right to recover in the same manner as provided in this section with reference to the workers.

        History:   L. 1920, ch. 29, § 23; R.S. 1923, 44-623; L. 1976, ch. 370, § 40; L. 2004, ch. 179, § 39; July 1.

• 44-624: Industrial conditions and relations; investigations, inquiries. With the consent of the governor, the secretary of labor is hereby authorized and empowered to make, or cause to be made, within this state or elsewhere, such investigations and inquiries as to industrial conditions and relations as may be profitable or necessary for the purpose of becoming familiar with industrial problems such as may arise under the provisions of this act.

        History:   L. 1920, ch. 29, § 24; R.S. 1923, 44-624; L. 1976, ch. 370, § 41; L. 2004, ch. 179, § 40; July 1.

• 44-625: Effect of act on other rights and remedies. The rights and remedies given and provided by this act shall be construed to be cumulative of all other laws in force in said state relating to the same matters, and this act shall not be interpreted as a repeal of any other act now existing in said state with reference to the same matters referred to in this act, except where the same may be inconsistent with the provisions of this act.

        History:   L. 1920, ch. 29, § 25; Jan. 24; R.S. 1923, 44-625.

• 44-626: Construction of 44-601 to 44-628. The provisions of this act and all grants of power, authority and jurisdiction herein made to the secretary of labor shall be liberally construed and all incidental powers necessary to carry into effect the provisions of this act are hereby expressly granted to and conferred upon the secretary.

        History:   L. 1920, ch. 29, § 26; R.S. 1923, 44-626; L. 1976, ch. 370, § 42; L. 2004, ch. 179, § 41; July 1.

• 44-627:

        History:   L. 1920, ch. 29, § 27; R.S. 1923, 44-627; Repealed, L. 1976, ch. 370, § 104; July 1.

• 44-628: Partial invalidity of act. If any section or provision of this act shall be found invalid by any court, it shall be conclusively presumed that this act would have been passed by the legislature without such invalid section or provision, and the act as a whole shall not be declared invalid by reason of the fact that one or more sections or provisions may be found to be invalid by any court.

        History:   L. 1920, ch. 29, § 28; Jan. 24; R.S. 1923, 44-628.

• 44-629:

        History:   L. 1921, ch. 262, § 1; R.S. 1923, 44-629; Repealed, L. 1976, ch. 370, § 104; July 1.

• 44-630:

        History:   L. 1921, ch. 262, § 2; R.S. 1923, 44-630; Repealed, L. 1976, ch. 370, § 104; July 1.

• 44-631: Factory, mill and mine inspection. The secretary of labor is hereby given full jurisdiction over and control of factory, workshop and mill inspection, and mine inspection.

        History:   R.S. 1923, 44-631; L. 1976, ch. 370, § 43; L. 2004, ch. 179, § 42; July 1.

• 44-632:

        History:   R.S. 1923, 44-632; Repealed, L. 1975, ch. 256, § 7; July 1.

• 44-633:

        History:   R.S. 1923, 44-633; Repealed, L. 1967, ch. 434, § 69; July 1.

• 44-634: Annual reports; duties as to labor and industrial pursuits; enforcement of laws. It shall be the duty of the secretary of labor to collect, assort, arrange and present in annual reports to the governor, to be transmitted biennially by the governor to the legislature, statistical details relating to all labor and industrial pursuits in the state; to the subjects of cooperation, strikes and other labor difficulties; to trade unions and other labor organizations and their effect upon labor and capital; to other matters relating to the commercial, industrial, social, educational, moral and sanitary conditions prevailing within the state; and the exploitation of such other subjects as will tend to promote the permanent prosperity of the respective industries of the state.

        It shall also be the duty of the secretary of labor to cause to be enforced all laws regulating the employment of children and minors; all laws established for the protection of health, lives and limbs of operators in workshops and factories, on railroads, and other places; and all laws enacted for the protection of the working classes now in force or that may hereafter be enacted. In the annual report the secretary of labor shall also give an account of all proceedings which have been taken in accordance with the provisions of this act, or any of the other laws herein referred to, and in addition thereto such remarks, suggestions and recommendations as the secretary of labor may deem necessary for the information of the legislature.

        History:   L. 1898, ch. 34, § 3; R.S. 1923, 44-634; L. 1975, ch. 256, § 3; L. 1976, ch. 370, § 44; L. 2004, ch. 179, § 43; July 1.

• 44-635: Interrogatories and testimony; penalty for failure to testify; information deemed confidential; penalty for disclosing. The secretary of labor is hereby authorized to furnish and deliver a written or printed list of interrogatories to any person, company, or the proper officer of any corporation operating within the state, and require full and complete answers to be made thereto, and returned under oath. The secretary of labor shall have power to take and preserve testimony, to issue subpoenas and administer oaths, and examine witnesses under oath in all matters relating to the duties herein required by the secretary of labor, such testimony to be taken in some suitable place in the vicinity to which the testimony is applicable. Witnesses subpoenaed and testifying before the secretary of labor shall be paid the same fees as witnesses before the district court; such payment to be made from the incidental fund of the secretary of labor.

        Any person duly subpoenaed under the provisions of this act who shall willfully neglect or refuse to attend, or refuse to answer any question propounded to such person concerning the subject of such examination as provided in this act, or if any person to whom a written or printed list of interrogatories has been furnished by the secretary of labor shall neglect or refuse to answer and return the same under oath, such person or persons shall be deemed guilty of a misdemeanor, and upon complaint of the secretary of labor before a court of competent jurisdiction, and upon conviction thereof, such person or persons shall be fined in a sum not less than $25 nor more than $100, or by imprisonment in the county jail not exceeding 90 days, or by both such fine and imprisonment. No witness shall be compelled to go outside of the county in which such witness resides to testify. In the report of the secretary of labor no use shall be made of the names of individuals, firms or corporations supplying the information called for by this act, unless by written permission, such information being deemed confidential and not for the purpose of disclosing personal affairs; and any officer, agent or employee of the secretary of labor violating this provision shall forfeit a sum not exceeding $500, or be imprisoned not more than one year.

        History:   L. 1898, ch. 34, § 4; R.S. 1923, 44-635; L. 1976, ch. 370, § 45; L. 2004, ch. 179, § 44; July 1.

• 44-636: Places of business; inspection; safety and protection of employees; orders; notice and hearing; penalty. (a) The secretary of labor shall have power to enter any factory or mill, workshop, private works, public works or state agency or institution, mercantile establishment, laundry or any other place of business where labor is or is intended to be performed for any purpose, when the same are open or in operation, for the purpose of gathering facts and statistics such as are contemplated by this act, and to examine into the methods of protection from danger to employees and the sanitary conditions in and around such buildings and places and to keep a record thereof of such inspection.

        If it shall be found upon such investigation that the heating, lighting, ventilation, occupant capacity or sanitary arrangement of any such establishment or place is such as to be injurious to the health of persons employed or residing therein, or that the means of egress in case of fire or other disaster are not sufficient, or that the belting, shafting, gearing, elevators, drums, saws, cogs or machinery, in any such establishment or place are so located or are in a condition so as to be dangerous, or are not sufficiently guarded, or that the vats, pans or any other structures filled with molten metal, hot liquid or hazardous materials or substances are not surrounded with proper safeguards for preventing accidents, injury or illness to those persons in, or near them, or that the construction or condition of any building or buildings, or any boiler, machinery or other appurtenances in or about any place as described in this section is such as to be dangerous or injurious to the persons employed or residing therein, or that the methods of operation are such as to be unnecessarily dangerous or injurious to the persons employed or residing therein, or that any other condition which is within the control of the owner, proprietor, agent, administrator or lessee of any such building, establishment or place to be found to be dangerous or injurious to any persons employed therein or to any other person or persons, the secretary or the authorized agent of the secretary after making such inspection shall notify in writing the owner, proprietor, agent, administrator or lessee of such building, establishment, or place. Such notification may also include an order that requires the provisions of such safeguards or safety devices or the making of such alterations or additions or changes in methods of operation or the taking of any other measures the secretary may deem appropriate and necessary for the safety and protection of the employees or other persons endangered by such conditions and the amount of time granted by the secretary for making any such alterations, additions, changes or taking such other methods as required. Such amount of time shall not exceed 60 days after service of the notice and the order unless an extension thereof is requested for good cause shown by the person named in the order, and such extension is granted by the secretary.

        (b)   The notification required by subsection (a) shall include notice of the right to a hearing concerning any order included therein. Any such order shall become final unless within 15 days after service of the notice and order, the person or persons named therein shall request in writing a hearing by the secretary. If a request is made for a hearing the date of the hearing shall not be more than 30 days after such request is made. Orders under subsection (a), and hearings thereon, shall be subject to the provisions of the Kansas administrative procedure act.

        (c)   No person, firm or corporation, nor any officer, agent or employee thereof, shall remove or require to be removed, or made ineffective any practical safeguard around or safety attachment to any machinery, vats, pan, or other apparatus or device mentioned in this section while the same is in use, except for the purpose of immediately making repairs thereto, and all safeguards or safety attachments so removed shall be promptly replaced before the dangerous machine, apparatus or device is returned to normal use or operation. Except as otherwise provided, no person shall require or permit the operation of, or operate, the dangerous machine, apparatus or device without the required safeguards or safety attachments.

        (d)   If the secretary of labor determines that conditions or products in any place of employment are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately, or before such danger can be eliminated through the enforcement provisions otherwise provided by law, the secretary may, in accordance with the provisions of K.S.A. 77-536, and amendments thereto, order the immediate taking of any steps necessary to avoid, correct or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct or remove such imminent danger or to prevent any avoidable loss of production facilities or product.

        (e)   Upon issuance of the order authorized by subsection (d) of this section and upon the request of any party who is adversely affected thereby, the secretary shall fix a place and time for a hearing to be held on such order in accordance with the provisions of the Kansas administrative procedure act.

        (f)   No person shall discharge or in any manner discriminate against any employee because such employee has filed a complaint with, or furnished information to, the secretary of labor concerning conditions or situations alleged to be unsafe or hazardous or otherwise covered by the provisions of this act.

        (g)   Any person who willfully violates any provision of this section or any lawful order issued pursuant to this section shall be guilty of a misdemeanor and shall be subject to a fine of not less than $25 nor more than $100. Each day that such violation exists shall constitute a separate offense.

        (h)   An action brought pursuant to this section shall not constitute a bar to enforcement of the provisions of this section by injunction or other appropriate remedy, and upon request of the secretary of labor, the attorney general shall have the power to institute and maintain in the name of the state any and all appropriate enforcement procedures.

        History:   R.S. 1923, 44-636; L. 1976, ch. 370, § 46; L. 1978, ch. 191, § 1; L. 1988, ch. 356, § 143; L. 2004, ch. 179, § 45; July 1.

• 44-637: Definitions. As used in this act: (a) "Person" means an individual, corporation, partnership, company, agency, institution or association. (b) "Children" means minor persons under the age of fourteen (14) years. (c) "Minor" means a person under the age of eighteen (18) years. (d) "Factory" means any premises where steam, water or other mechanical power is used in aid of any manufacturing process. (e) "Workshop" means any premises, room, or place, not being a factory as above defined, wherein any manual labor is being performed, and to which or over which premises, room or place the employer of the person or persons working therein has the right of access or control. (f) "Public works" means any agency of state government and its political subdivisions and municipalities including schools, counties and cities. The exercise of manual labor in a private house, or a private room, by the family dwelling therein, or by any of them, or in case a majority of persons therein employed are members of such family, shall not of itself constitute such house or room a workshop within this definition.

        History:   L. 1898, ch. 34, § 6; R.S. 1923, 44-637; L. 1957, ch. 294, § 1; L. 1972, ch. 161, § 12; L. 1976, ch. 370, § 47; L. 1978, ch. 191, § 2; July 1.

• 44-638: Statistics and information by state and municipal officers. All state, county, township and city officers are hereby directed to furnish the secretary of labor, upon request, such statistical or other information necessary for the administration of this act.

        History:   L. 1898, ch. 34, § 7; R.S. 1923, 44-638; L. 1976, ch. 370, § 48; L. 2004, ch. 179, § 46; July 1.

• 44-639: State policy as to wages, hours and insanitary conditions. The state of Kansas exercising herewith its police and sovereign powers declares that inadequate wages, long continued hours and insanitary conditions of labor, exercise a pernicious effect on the health and welfare of learners and apprentices, and minors.

        History:   L. 1915, ch. 275, § 1; R.S. 1923, 44-639; L. 1976, ch. 370, § 49; July 1.

• 44-640: Conditions of employment detrimental to health and welfare unlawful. It shall be unlawful to employ learners, apprentices and minors in any industry or occupation within the state of Kansas under conditions of labor detrimental to their health or welfare and it shall be unlawful to employ learners, apprentices and minors in any industry within the state of Kansas at wages which are not adequate for their maintenance and for more hours in any one day than is consonant with their health and welfare, except as hereinafter provided.

        History:   L. 1915, ch. 275, § 2; R.S. 1923, 44-640; L. 1976, ch. 370, § 50; July 1.

• 44-641, 44-642:

        History:   L. 1921, ch. 263, §§ 1, 2; R.S. 1923, 44-641, 44-642; Repealed, L. 1976, ch. 370, § 104; July 1.

• 44-643: Wages, hours and conditions for learners, apprentices and minors. The secretary of labor may establish such standard of wages, hours, and conditions of labor for learners and apprentices, and minors employed within this state as shall be held hereunder to be reasonable and not detrimental to health and welfare. The secretary of labor may establish different minimum hours and standards for each class in an occupation of different localities in the state, when, in the judgment of the secretary of labor the different conditions justify such action.

        History:   L. 1915, ch. 275, § 3; L. 1921, ch. 263, § 3; R.S. 1923, 44-643; L. 1976, ch. 370, § 51; L. 2004, ch. 179, § 47; July 1.

• 44-644:

        History:   L. 1915, ch. 275, § 6; L. 1921, ch. 263, § 4; R.S. 1923, 44-644; Repealed, L. 1975, ch. 256, § 7; July 1.

• 44-645: Same; investigation; orders; notice and hearing; employer to display order; petition for rehearing. If after investigation the secretary of labor is of the opinion that in any occupation the wages, hours and conditions, sanitary and otherwise, are prejudicial to the health or welfare of any substantial number of the classes of employees named in this act and are inadequate to supply the necessary cost of living and to maintain the worker in health the secretary shall publish a notice, not less than once a week for four successive weeks in the Kansas register, that the secretary will on a date and at a place named in the notice hold a public meeting at which all persons will be given a hearing; and, after publication of the notice and the meeting, the secretary of labor may make and render such an order as may be proper or necessary, and require all employers in the occupation affected thereby to observe and comply with such determinations and the order.

        The order shall become effective in 60 days after it is made and rendered and shall be in full force and effect on and after the 60th day following its making and rendition. The secretary of labor shall, insofar as it is practicable, mail a copy of any such order to every employer affected thereby; and every employer affected by any such order shall keep a copy thereof posted in a conspicuous place in each room of such establishment.

        Whenever wages, hours, or conditions of labor have been made mandatory in any occupation, upon petition of either employers or employees, the secretary of labor may reopen the question.

        History:   L. 1915, ch. 275, § 8; L. 1921, ch. 263, § 5; R.S. 1923, 44-645; L. 1976, ch. 370, § 52; L. 1981, ch. 324, § 14; L. 2004, ch. 179, § 48; July 1.

• 44-646: Same; inspectors and clerical personnel. The secretary of labor may employ such inspectors and clerical personnel as may be necessary to administer the provisions of this act.

        History:   L. 1921, ch. 263, § 6; R.S. 1923, 44-646; L. 1976, ch. 370, § 53; L. 2004, ch. 179, § 49; July 1.

• 44-647: Same; review of orders. The orders of the secretary of labor under the provisions of this act may be reviewed in the same manner as is now provided for the review of decisions by K.S.A. 44-601 to 44-628 and amendments thereto.

        History:   L. 1921, ch. 263, § 7; R.S. 1923, 44-647; L. 1976, ch. 370, § 54; L. 2004, ch. 179, § 50; July 1.

• 44-648: Same; penalties. That a violation of any provision of this act shall constitute a misdemeanor, and any one convicted thereof shall be punished by a fine of not less than twenty-five dollars $25, nor more than one hundred dollars $100 for each such misdemeanor.

        History:   L. 1915, ch. 275, § 15; May 22; R.S. 1923, 44-468.

• 44-649:

        History:   L. 1915, ch. 275, § 17; R.S. 1923, 44-649; Repealed, L. 1975, ch. 256, § 7; July 1.

• 44-650: Same; act supplemental. This act is to be construed as supplemental to existing laws regulating the employment of learners and apprentices and minors.

        History:   L. 1915, ch. 275, § 21; R.S. 1923, 44-650; L. 1976, ch. 370, § 55; July 1.

• 44-651:

        History:   R.S. 1923, 44-651; Repealed, L. 1937, ch. 255, § 26; March 29.

• 44-652:

        History:   R.S. 1923, 44-652; Repealed, L. 1937, ch. 255, § 26; March 29.

• 44-653, 44-654:

        History:   R.S. 1923, 44-653, 44-654; Repealed, L. 1976, ch. 370, § 104; July 1.

• 44-655:

        History:   L. 1920, ch. 62, § 6; R.S. 1923, 44-655; Repealed, L. 1976, ch. 370, § 104; July 1.

• 44-656, 44-657:

        History:   R.S. 1923, 44-656, 44-657; Repealed, L. 1976, ch. 370, § 104; July 1.

• 44-658:

        History:   L. 1901, ch. 185, § 4; R.S. 1923, 44-658; Repealed, L. 1976, ch. 370, § 104; July 1.

• 44-659:

        History:   R.S. 1923, 44-659; Repealed, L. 1943, ch. 269, § 28; June 30.

• 44-660:

        History:   L. 1901, ch. 185, § 6; R.S. 1923, 44-660; Repealed, L. 1976, ch. 370, § 104; July 1.

• 44-661: Kansas apprenticeship council; establishment; composition; qualifications; terms; quorum; vacancies; organization; officers; meetings; expenses; clerical, secretarial and staff assistance. (a) There is hereby established the Kansas apprenticeship council within the department of commerce. The Kansas apprenticeship council shall be composed of nine members as follows:

        (1)   Four members representative of management appointed by the secretary of commerce;

        (2)   four members representative of labor appointed by the secretary of commerce; and

        (3)   the secretary of commerce or the secretary's designee.

        In making such appointments, the secretary of commerce shall consider all persons nominated for membership on the council by statewide trade associations, employer groups and state labor organizations. All members appointed or designated by the secretary of commerce shall possess considerable knowledge of apprenticeship and apprenticeship programs.

        (b)   For terms beginning March 1, 2004, the secretary of human resources shall appoint one representative of management and one representative of labor to terms of one year, one representative of management and one representative of labor to terms of two years, one representative of management and one representative of labor to terms of three years and one representative of management and one representative of labor to terms of four years. Thereafter members appointed by the secretary of commerce shall be appointed to four-year terms and shall serve until their successors are appointed and qualified. A quorum shall consist of any five members other than the secretary or the secretary's designee. Each member shall have one vote on all matters before the council, except that the secretary or the secretary's designee may cast a vote only in cases of tie votes. Any vacancy shall be filled by appointment for the remainder of the unexpired term.

        (c)   The Kansas apprenticeship council shall organize annually by electing a chairperson and a vice-chairperson from among the members appointed by the secretary of commerce as representative of management or labor. When a member representative of labor is chairperson of the council, a member representative of management shall be vice-chairperson. When a member representative of management is chairperson of the council, a member representative of labor shall be vice-chairperson. In the absence of the chairperson, the vice-chairperson shall exercise all powers of the chairperson. The council may adopt such rules of procedure as it may deem to be required for operation.

        (d)   The Kansas apprenticeship council shall meet regularly on a bimonthly basis and at such other times as determined by the council. Meetings may be held at locations within the state which will best promote the purposes of the council and apprenticeship and as may be required in the performance of the powers, duties and functions of the council. Members of the Kansas apprenticeship council attending meetings thereof, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto. Such amounts shall be paid pursuant to vouchers approved by the chairperson of the Kansas apprenticeship council and by the secretary of commerce or a person or persons designated therefor by the secretary.

        (e)   The secretary of commerce shall provide to the Kansas apprenticeship council such clerical, secretarial and other staff assistance as may be requested by the council for the performance of the powers, duties and functions of the council.

        History:   L. 1992, ch. 240, § 1; L. 2004, ch. 179, § 51; L. 2005, ch. 186, § 12; May 12.

• 44-661a:

        History:   L. 1992, ch. 240, § 1; L. 2004, ch. 169, § 2; Repealed, L. 2005, ch. 186, § 22; May 12.

• 44-662: Powers, duties and functions. The Kansas apprenticeship council shall perform the following powers, duties and functions:

        (a)   Assist in the development of and recommend to the secretary of labor, standards of wages, hours and conditions of employment for learners and apprentices in accordance with K.S.A. 44-639 through 44-650 and amendments thereto;

        (b)   formulate and promote the furtherance of labor standards necessary to safeguard the welfare of learners and apprentices;

        (c)   extend the application of such standards by encouraging the inclusion thereof in collective bargaining agreements;

        (d)   bring together employers and labor for the formulation of programs of apprenticeship;

        (e)   cooperate with the bureau of apprenticeship and training and other state or federal agencies engaged in the formulation and promotion of standards of apprenticeship;

        (f)   examine and approve standards of apprenticeship programs and register apprentices and such programs for purposes of applicable and related federal laws and regulations;

        (g)   promote the apprenticeship concept within all segments of management and labor and other interested public and private organizations and individuals;

        (h)   encourage the development of apprenticeship and other industrial training programs embodying sound training practices, proper selection procedures and equal training and employment opportunities for all persons, regardless of race, religion, color, sex, national origin or ancestry; and

        (i)   serve in an advisory capacity to the secretary of commerce in all such matters and in such other matters as may be requested by the secretary.

        History:   L. 1992, ch. 240, § 2; L. 2004, ch. 179, § 52; July 1.