K.S.A. » Chapter 44
Kansas Statutes Annotated

K.S.A. § 44-313 (2026)

Definitions

✓ current as of May 2026
Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

44-313. Definitions. As used in this act: (a) "Employer" means any individual, partnership, association, joint stock company, trust, corporation, limited liability company or other organization, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, the state of Kansas or any department, agency or authority of the state, any city, county, school district or other political subdivision, municipality or public corporation and any instrumentality thereof, employing any person.

(b) "Employee" means any person allowed or permitted to work by an employer.

(c) "Wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission or other basis less authorized withholding and deductions.

(d) "Secretary" means the secretary of labor.

History: L. 1973, ch. 204, § 1; L. 1976, ch. 370, § 4; L. 1986, ch. 187, § 1; L. 2003, ch. 76, § 1; L. 2004, ch. 179, § 4; July 1.

Notes of Decisions
Cited in 98 cases (18 in the last 5 years), 1978–2025 · leading case: Blair v. Transam Trucking, Inc., 309 F. Supp. 3d 977 (D. Kan. 2018).
Sort: Relevance Newest Treatment
Blair v. Transam Trucking, Inc., 309 F. Supp. 3d 977 (D. Kan. 2018). · cites it 8× “because the Plaintiffs were "employees" pursuant to the application of the "right to control" test for employee status under the KWPA, and Defendant failed to pay the opt-in Plaintiffs wages in the amount of at least the applicable federal minimum wage for all hours worked…”
Coma Corp. v. Kansas Dep't of Labor, 154 P.3d 1080 (Kan. 2007). · cites it 6× “80, § 490; and the wage payment act, K.S.A. 44-313 et seq., enacted in 1973. K.”
Elkins v. Showcase, Inc., 704 P.2d 977 (Kan. 1985). · cites it 13× “: This is an appeal in an administrative proceeding brought by an employee, pursuant to the Kansas Wage Payment Act (KWPA), K.S.A. 44-313 et seq., seeking recovery of back wages.”
Campbell v. Husky Hogs, L.L.C., 255 P.3d 1 (Kan. 2011). · cites it 4× “: This court considers for the first time whether a common-law tort for retaliatory discharge may be brought against an employer when an employee claims he or she was fired for filing a wage claim under the Kansas Wage Payment Act (KWPA), K.S.A. 44-313 et seq. The district court…”
Richardson v. St. Mary Hosp., 627 P.2d 1143 (Kan. Ct. App. 1981). · cites it 9× “19 which she alleges is due her as “wages” as defined by K.S.A. 1980 Supp. 44-313(c). The action being appealed is the district court’s review of an administrative decision that allowed Mrs.”
R. D. Andersen Constr. Co. v. Kansas Dep't of Human Resources, 643 P.2d 1142 (Kan. Ct. App. 1982). · cites it 10× “44-201, the eight-hour day on public work law, be enforced by the Secretary of the Department of Human Resources under the authority and administrative procedures prescribed by K.S.A. 44-313 et seq., the payment of wages law? K.”
Whelan's, Inc. v. Kansas Dep't of Human Resources, 681 P.2d 621 (Kan. 1984). · cites it 14× “: This is an appeal by the Kansas Department of Human Resources (KDHR) from a decision of the Shawnee County District Court enjoining the KDHR from proceeding under a wage claim made pursuant to K.S.A. 44-313 et seq., on the theory that the KDHR action is preempted by the action…”
Sweet v. Stormont Vail Reg'l Med. Ctr., 647 P.2d 1274 (Kan. 1982). · cites it 5× “She, therefore, filed a claim with the Secretary of Human Resources pursuant to K.S.A. 44-313 et seq. and, following an administrative hearing, the examiner found that the claimant had accrued certain vacation time and was entitled to payment therefor as wages upon the…”
Craig v. FedEx Ground Package Sys., Inc., 335 P.3d 66 (Kan. 2014). · cites it 3× “(FedEx) delivery drivers under the provisions of the Kansas Wage Payment Act (KWPA), K.S.A. 44-313 et seq. Specifically, the Seventh Circuit inquires: “1.”
Tronsgard v. FBL Fin. Grp., Inc., 312 F. Supp. 3d 982 (D. Kan. 2018). · cites it 2× “Defendants assert that none of these claims states a plausible cause of action. Defendants thus ask the court to dismiss plaintiffs' Complaint under Rule 12(b)(6).”
Jones v. Addictive Behavioral Change Health Grp., LLC, 364 F. Supp. 3d 1257 (D. Kan. 2019). · cites it 2× “, the Kansas Wage Payment Act ("KWPA"), K.S.A. §§ 44-313, et seq., and Kansas state law alleging claims of failure to pay overtime, wages due, breach of contract, and retaliation.”
Simpson v. City of Topeka, 383 P.3d 165 (Kan. Ct. App. 2016). · cites it 4× “They later sued the City, seeking severance pay and damages pursuant to three theories of relief: breach of contract, negligent misrepresentation, and unpaid earned wages under the Kansas Wage Payment Act (KWPA), K.S.A. 44-313 et seq. The district court granted the City summary…”
Show all 98 citing cases →
— K.S.A. § 44-313(a) — 7 cases
Blair v. Transam Trucking, Inc., 309 F. Supp. 3d 977 (D. Kan. 2018). “because the Plaintiffs were "employees" pursuant to the application of the "right to control" test for employee status under the KWPA, and Defendant failed to pay the opt-in Plaintiffs wages in the amount of at least the applicable federal minimum wage for all hours worked…”
Campbell v. Husky Hogs, L.L.C., 255 P.3d 1 (Kan. 2011). “: This court considers for the first time whether a common-law tort for retaliatory discharge may be brought against an employer when an employee claims he or she was fired for filing a wage claim under the Kansas Wage Payment Act (KWPA), K.S.A. 44-313 et seq. The district court…”
Eckholt v. Am. Bus. Info., Inc., 873 F. Supp. 507 (D. Kan. 1994).
Nordwald v. Brightlink Commc'ns, LLC (D. Kan. 2022).
Maley v. Bd. of Coffey Cnty. Comm'rs (Kan. Ct. App. 2021).
— K.S.A. § 44-313(b) — 9 cases
Coma Corp. v. Kansas Dep't of Labor, 154 P.3d 1080 (Kan. 2007). “80, § 490; and the wage payment act, K.S.A. 44-313 et seq., enacted in 1973. K.”
Craig v. FedEx Ground Package Sys., Inc., 335 P.3d 66 (Kan. 2014). “(FedEx) delivery drivers under the provisions of the Kansas Wage Payment Act (KWPA), K.S.A. 44-313 et seq. Specifically, the Seventh Circuit inquires: “1.”
Herr v. Heiman, 75 F.3d 1509 (10th Cir. 1996).
Coma Corp. v. Kansas Dep't of Labor, 154 P.3d 1080 (Kan. 2007).
Flinn v. C Pepper Logistics LLC (D. Kan. 2021).
— K.S.A. § 44-313(c) — 32 cases
Richardson v. St. Mary Hosp., 627 P.2d 1143 (Kan. Ct. App. 1981). “19 which she alleges is due her as “wages” as defined by K.S.A. 1980 Supp. 44-313(c). The action being appealed is the district court’s review of an administrative decision that allowed Mrs.”
Blair v. Transam Trucking, Inc., 309 F. Supp. 3d 977 (D. Kan. 2018). “because the Plaintiffs were "employees" pursuant to the application of the "right to control" test for employee status under the KWPA, and Defendant failed to pay the opt-in Plaintiffs wages in the amount of at least the applicable federal minimum wage for all hours worked…”
Sweet v. Stormont Vail Reg'l Med. Ctr., 647 P.2d 1274 (Kan. 1982). “She, therefore, filed a claim with the Secretary of Human Resources pursuant to K.S.A. 44-313 et seq. and, following an administrative hearing, the examiner found that the claimant had accrued certain vacation time and was entitled to payment therefor as wages upon the…”
Kephart v. Data Sys. Int'l, Inc., 243 F. Supp. 2d 1205 (D. Kan. 2003).
Elkins v. Showcase, Inc., 704 P.2d 977 (Kan. 1985). “: This is an appeal in an administrative proceeding brought by an employee, pursuant to the Kansas Wage Payment Act (KWPA), K.S.A. 44-313 et seq., seeking recovery of back wages.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.