Kansas Statutes Annotated

K.S.A. § 44-315 (2026)

Separation prior to payday; damages for willful non-payment

✓ current as of May 2026

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44-315. Separation prior to payday; damages for willful non-payment. (a) Whenever an employer discharges an employee or whenever an employee quits or resigns, the employer shall pay the employee's earned wages not later than the next regular payday upon which he or she would have been paid if still employed as provided under K.S.A. 44-314 either through the regular pay channels or by mail postmarked within the deadlines herein specified if requested by the employee.

(b) If an employer willfully fails to pay an employee wages as required by K.S.A. 44-314, and amendments thereto, or as required under subsection (a) of this section, such employer shall be liable to the employee for the wages due and also shall be liable to the employee for a penalty in the fixed amount of 1% of the unpaid wages for each day, except Sunday and legal holidays, upon which such failure continues after the eighth day after the day upon which payment is required or in an amount equal to 100% of the unpaid wages, whichever is less. For the purpose of such additional damages, the failure to pay shall not be deemed to continue after the date of the filing of a petition in bankruptcy with respect to the employer if he or she is adjudicated bankrupt upon such petition nor shall it be deemed to continue after an appeal is filed under K.S.A. 44-322a, and amendments thereto, until the decision on appeal becomes final.

History: L. 1973, ch. 204, § 3; L. 1977, ch. 173, § 1; L. 1999, ch. 69, § 1; July 1.

Notes of Decisions

Cited in 61 cases (8 in the last 5 years), 1978–2025 · leading case: Kephart v. Data Sys. Int'l, Inc., 243 F. Supp. 2d 1205 (D. Kan. 2003).

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Kephart v. Data Sys. Int'l, Inc., 243 F. Supp. 2d 1205 (D. Kan. 2003). · cites it 23× “Distler claims that under the circumstances, he acquired an absolute right to commissions which accrued during the first quarter of 2001, and that DSI’s effort to require employment on the date of customer payment constitutes an unlawful forfeiture under K.”

Holder v. Kansas Steel Built, Inc., 582 P.2d 244 (Kan. 1978). · cites it 12× “The first point raised by defendants-appellants is that the trial court erred in applying K.S.A. 44-315 which became effective July 1, 1973.”

Coma Corp. v. Kansas Dep't of Labor, 154 P.3d 1080 (Kan. 2007). · cites it 7× “] Whether Respondent ‘willfully’ and ‘knowingly’ withheld payments are issues of fact. [Citation omitted.”

Blair v. Transam Trucking, Inc., 309 F. Supp. 3d 977 (D. Kan. 2018). · cites it 3× “(citing K.S.A. § 44-315(a) ). Besides quoting § 44-315(a), the Veale Court did not analyze the issue further.”

Sweet v. Stormont Vail Reg'l Med. Ctr., 647 P.2d 1274 (Kan. 1982). · cites it 6× “44-313[c]), but that it had not been “earned” (K.S.A. 44-315[a]) in this case. The Court of Appeals agreed that the vacation time constituted wages but disagreed that such wages had not been earned.”

Beckman v. Kansas Dep't of Human Resources, 43 P.3d 891 (Kan. Ct. App. 2002). · cites it 8× “If the latter date is used, according to Beckman, no authority existed to assess a penalty because he “appealed [Miller’s] demand within 8 days of its receipt; [sic] pursuant to K.S.A. 44-315.” An employer must pay die employee’s wages at least monthly.”

Campbell v. Husky Hogs, L.L.C., 255 P.3d 1 (Kan. 2011). · cites it 3× “44-314; K.S.A. 44-315). It also permits specific damages awards for willful nonpayment (K.”

A.O. Smith Corp. v. Kansas Dep't of Human Resources, 144 P.3d 760 (Kan. Ct. App. 2005). · cites it 8× “44-315(a) in Determining that the Employees Were “Discharged” under the Act? In its cross-appeal, AOS challenges the decisions of KDHR and the district court in determining that its sale but protection of employee jobs constituted a “discharge” for purposes of K.S.A. 44-315. We…”

Fitzgerald v. City of Ottawa, Kan., 975 F. Supp. 1402 (D. Kan. 1997). · cites it 18× “56 of which he attributes to a penalty for non-payment of wages under K.S.A. § 44-315. This matter comes before the Court on Defendant’s Motion to Dismiss or, in the Alternative, Motion for Summary Judgment (Doc.”

Elkins v. Showcase, Inc., 704 P.2d 977 (Kan. 1985). · cites it 6× “Accordingly, respondent is found to be a willful violator as provided in K.S.A. 44-315 (b). 11. The tip pooling system at issue here is designed to provide tips to other employees who assist in the food service area.”

Mid Am. Aerospace, Inc. v. Dep't of Human Resources, 694 P.2d 1321 (Kan. Ct. App. 1985). · cites it 8× “44-313 (c); and then found, after analysis of the terms of the employment contract, Benjamin’s vacation pay was “earned wages” under K.S.A. 44-315 (a). In Benjamin , the employment contract provided that after one year of employment, employees could elect to take either two…”

Weinzirl v. the Wells Grp., Inc., 677 P.2d 1004 (Kan. 1984). · cites it 4× “" K.S.A. 44-315. Parties have wide discretion in fixing the terms of employment contracts, and when the employment contract is not contrary to the law or unreasonable in its terms, it should be honored and enforced by the courts.”

Show all 61 citing cases →

— K.S.A. § 44-315(a) — 28 cases

Kephart v. Data Sys. Int'l, Inc., 243 F. Supp. 2d 1205 (D. Kan. 2003). “Distler claims that under the circumstances, he acquired an absolute right to commissions which accrued during the first quarter of 2001, and that DSI’s effort to require employment on the date of customer payment constitutes an unlawful forfeiture under K.”

Blair v. Transam Trucking, Inc., 309 F. Supp. 3d 977 (D. Kan. 2018). “(citing K.S.A. § 44-315(a) ). Besides quoting § 44-315(a), the Veale Court did not analyze the issue further.”

Sweet v. Stormont Vail Reg'l Med. Ctr., 647 P.2d 1274 (Kan. 1982). “44-313[c]), but that it had not been “earned” (K.S.A. 44-315[a]) in this case. The Court of Appeals agreed that the vacation time constituted wages but disagreed that such wages had not been earned.”

Beckman v. Kansas Dep't of Human Resources, 43 P.3d 891 (Kan. Ct. App. 2002). “If the latter date is used, according to Beckman, no authority existed to assess a penalty because he “appealed [Miller’s] demand within 8 days of its receipt; [sic] pursuant to K.S.A. 44-315.” An employer must pay die employee’s wages at least monthly.”

Hart v. Sprint Commc'ns Co., LP, 872 F. Supp. 848 (D. Kan. 1994).

— K.S.A. § 44-315(b) — 30 cases

Coma Corp. v. Kansas Dep't of Labor, 154 P.3d 1080 (Kan. 2007). “] Whether Respondent ‘willfully’ and ‘knowingly’ withheld payments are issues of fact. [Citation omitted.”

Mid Am. Aerospace, Inc. v. Dep't of Human Resources, 694 P.2d 1321 (Kan. Ct. App. 1985). “44-313 (c); and then found, after analysis of the terms of the employment contract, Benjamin’s vacation pay was “earned wages” under K.S.A. 44-315 (a). In Benjamin , the employment contract provided that after one year of employment, employees could elect to take either two…”

Elkins v. Showcase, Inc., 704 P.2d 977 (Kan. 1985). “Accordingly, respondent is found to be a willful violator as provided in K.S.A. 44-315 (b). 11. The tip pooling system at issue here is designed to provide tips to other employees who assist in the food service area.”

Clements v. Emery Worldwide Airlines, Inc., 44 F. Supp. 2d 1141 (D. Kan. 1999).

— K.S.A. § 44-315(fe) — 1 case

State Ex Rel. McCain v. Erdman, 607 P.2d 78 (Kan. Ct. App. 1980).

— K.S.A. § 44-315(h) — 2 cases

Holder v. Kansas Steel Built, Inc., 582 P.2d 244 (Kan. 1978). “The first point raised by defendants-appellants is that the trial court erred in applying K.S.A. 44-315 which became effective July 1, 1973.”

Yuille v. Pester Mktg. Co., 682 P.2d 676 (Kan. Ct. App. 1984).

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