44-312.
Preference of wages of employees in insolvency.
That whenever a receiver shall be appointed of the estate of any corporation, copartnership, or individual, under the laws of this state, or whenever any corporation, copartnership or individual shall make a general assignment for the benefit of the creditors of such corporation, copartnership, or individual, the wages due to all laborers or employees other than officers of such corporation, accruing within the six months immediately preceding such appointment of a receiver or such assignment, shall be preferred to every other debt or claim against such corporation, copartnership, or individual, and shall be paid by the receiver or assignee of such corporation, copartnership or individual from the moneys thereof which shall first come into the hands of such receiver or assignee.
History:
L. 1901, ch. 229, § 1; May 1; R.S. 1923, 44-312.
Notes of Decisions
Coma Corp. v. Kansas Dep't of Labor, 154 P.3d 1080 (Kan. 2007).
· cites it 3× “The Kansas Department of Labor (KDOL) determined that both respondents (Coma) owed Corral wages plus interest and also assessed a civil penalty for a total of $7,657 under the Kansas Wage Payment Act, K.S.A. 44-312 et seq. On Coma’s petition for review pursuant to the Kansas Act…”
Campbell v. Husky Hogs, L.L.C., 255 P.3d 1 (Kan. 2011).
“38, § 6, providing that otherwise exempt personal property shall not be exempt from attachment or execution for wages; K.S.A. 44-312, enacted in 1901, giving preference to the payment of wages in the case of receiverships or assignments for the benefit of creditors; the statute…”
Fernandez v. McDonald's, 292 P.3d 311 (Kan. 2013).
“3d 1080 (2007) (plain language of Kansas Wage Payment Act [KWPA], K.S.A. 44-312 et seq. does not exclude undocumented workers from KWPA protections).”
Greenstein v. Meredith Corp., 948 F. Supp. 2d 1266 (D. Kan. 2013).
“and the Kansas Wage Payment Act, K.S.A. 44-312 et seq. alleging unpaid straight time and overtime compensation.”
Craig v. Fedex Ground Package Sys., Inc., 792 F.3d 818 (7th Cir. 2015).
“drivers were independent contractors as a matter of law under the Kansas Wage Payment Act (KWPA), Kan. Stat. Ann. §§ 44-312 to 44-340. See In Re FedEx Ground Package Sys.”
Salon Enter., Inc. v. Langford, 31 P.3d 290 (Kan. Ct. App. 2000).
“, d/b/a Par Exsalonce Hair Salon (Par Exsalonce) appeals from the ruling of the trial court that Par Exsalonce violated the Kansas Wage Payment Act (KWPA), K.S.A. 44-312 et seq., and the Fair Labor Standards Act (FLSA), 29 U.”
First Nat'l Bank v. Fam. Med. Clinic, 798 P.2d 519 (Kan. Ct. App. 1990).
· cites it 2× “: First National Bank of Medicine Lodge appeals a decision of the district court which found that K.S.A. 44-312 grants wage claims priority over prior perfected security interests.”
Wallace v. Microsoft Corp., 563 F. Supp. 2d 1197 (D. Kan. 2008).
“In his KWPA claim, Wallace contends that pursuant to K.S.A. 44-312 he is entitled to “wages in the sum of $8,000 for earned but unused family care leave.”
Burriss v. N. Assurance Co. of Am., 691 P.2d 10 (Kan. 1984).
“38, § 6, providing that otherwise exempt personal property shall not be exempt from attachment or execution for wages; K.S.A. 44-312, enacted in 1901, giving preference to the payment of wages in the case of receiverships or assignments for the benefit of creditors; the statute…”
Gillick v. Brite Voice Sys., Inc., 981 P.2d 1165 (Kan. 1999).
“Brite contends the release provisions in the settlement *423 agreement disposed of Gillick’s claim for statutory penalties under the Kansas Wage Payment Act, K.S.A. 44-312 et seq. Gillick responds by suggesting the settlement agreement did not displace his underlying wage claims.”
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