Session of 1998
By Committee on Business, Commerce and Labor
            9             AN ACT concerning the payment of wages; relating to certain claims
10             therefor; amending K.S.A. 44-317 and 44-322a and repealing the ex-
11             isting sections.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 44-317 is hereby amended to read as follows: 44-
15       317. Whenever any person responsible pursuant to a contract for the
16       performance of any work has subcontracted the performance of all or any
17       part of such work, such responsible person shall be civilly liable to the
18       employees of the subcontractor for wages due on account of the perform-
19       ance of work covered by the contract, but only if and to the extent that
20       the subcontractor fails to pay such wages. This section shall not be con-
21       strued to impose any liability on any person other than the subcontractor
22       for the added fixed damages provided in subsection (d) (b) of K.S.A.
23       44-315 and amendments thereto. Any payment of wages by reason of
24       liability imposed by this section shall result in the creation of a right in
25       the payor to recoupment from the subcontractor or any other person
26       jointly or severally liable to the subcontractor therefor. Any employee
27       making a claim pursuant to this section must file such claim within three
28       months of the payday when such wages were due.
29           Sec. 2. K.S.A. 44-322a is hereby amended to read as follows: 44-
30       322a. (a) Whenever a claim for unpaid wages under K.S.A. 44-313
31       through 44-326, and amendments thereto, is filed with the secretary of
32       human resources, the secretary or the secretary's authorized represen-
33       tative shall investigate the claim as provided in K.S.A. 44-322 and amend-
34       ments thereto to determine if a dispute exists between the parties to the
35       claim. If the secretary or the secretary's authorized representative deter-
36       mines that a dispute does exist and that the parties are unable to resolve
37       their differences, the secretary or the secretary's authorized representa-
38       tive shall establish a time and place for a hearing on the matter. The
39       hearing shall be conducted in accordance with the provisions of the Kan-
40       sas administrative procedure act except that any employee claiming wages
41       under this section must establish the existence of an employment relation-
42       ship by clear and convincing evidence.
43           (b) Upon the completion of the hearing, the presiding officer shall

HB 2701


  1       determine whether the claim for unpaid wages is a valid claim under
  2       K.S.A. 44-313 through 44-326, and amendments thereto. If the presiding
  3       officer determines the claim for unpaid wages is valid, the amount of
  4       unpaid wages owed together with any damages which may be assessed
  5       under K.S.A. 44-315 and amendments thereto, if applicable, also shall be
  6       determined by the presiding officer. If the presiding officer determines
  7       the claim for unpaid wages is valid, the presiding officer shall order that
  8       the unpaid wages and any applicable damages be paid by the party re-
  9       sponsible for their payment. Any initial order under this section shall be
10       reviewed by the secretary or the secretary's authorized representative in
11       accordance with K.S.A. 77-527 and amendments thereto. The decision of
12       the secretary or the secretary's authorized representative shall be final
13       and the amount of any unpaid wages and applicable damages determined
14       by the secretary or the secretary's authorized representative to be valid
15       shall be due and payable unless judicial review is sought within the time
16       allowed by law.
17           (c) Any agency action under this section is subject to review in ac-
18       cordance with the act for judicial review and civil enforcement of agency
19       actions.
20           Sec. 3. K.S.A. 44-317 and 44-322a are hereby repealed.
21           Sec. 4. This act shall take effect and be in force from and after its
22       publication in the statute book.