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

K.S.A. § 44-316 (2026)

Payment of undisputed wages; remedies retained

✓ current as of May 2026
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44-316. Payment of undisputed wages; remedies retained. (a) In case of a dispute over the amount of wages due, the employer shall pay, without conditions and no later than the regular payday next following the concession, all wages, or parts thereof, conceded by him to be due, leaving to the employee all remedies he might otherwise be entitled to, including those provided under this act, as to any balance claimed.

(b) Unless payment is made by binding settlement agreement, the acceptance by an employee of a payment under this section shall not constitute a release as to the balance of his claim and any release required by an employer as a condition to payment shall be in violation of this act and shall be null and void.

History: L. 1973, ch. 204, § 4; July 1.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1978–2024 · leading case: Holder v. Kansas Steel Built, Inc., 582 P.2d 244 (Kan. 1978).
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Holder v. Kansas Steel Built, Inc., 582 P.2d 244 (Kan. 1978). · cites it 5× “44-315 and K.S.A. 44-316 the penalty authorized can be collected only if the employer knowingly or willfully fails to pay the wages due.”
Beckman v. Kansas Dep't of Human Resources, 43 P.3d 891 (Kan. Ct. App. 2002). “Morever, the employer also placed a release on the back of the check to forestall litigation in violation of K.S.A. 44-316(b). 224 Kan. at 411-12 . Beckman contends that Miller conceded that he agreed to have the costs of his lunches withheld from the accumulated wages that…”
Clements v. Emery Worldwide Airlines, Inc., 44 F. Supp. 2d 1141 (D. Kan. 1999). “§ 44-316(b) if the defen *1149 dant’s refusal to pay the wages was willful.”
Spicin Foods, Inc. (Kan. Ct. App. 2024). “By not paying the wages for years after they became due, Spicin Foods obtained the time value of that money and Maxfield and Dennis lost that value.”
— K.S.A. § 44-316(a) — 2 cases
Holder v. Kansas Steel Built, Inc., 582 P.2d 244 (Kan. 1978). “44-315 and K.S.A. 44-316 the penalty authorized can be collected only if the employer knowingly or willfully fails to pay the wages due.”
Spicin Foods, Inc. (Kan. Ct. App. 2024). “By not paying the wages for years after they became due, Spicin Foods obtained the time value of that money and Maxfield and Dennis lost that value.”
— K.S.A. § 44-316(b) — 3 cases
Holder v. Kansas Steel Built, Inc., 582 P.2d 244 (Kan. 1978). “44-315 and K.S.A. 44-316 the penalty authorized can be collected only if the employer knowingly or willfully fails to pay the wages due.”
Beckman v. Kansas Dep't of Human Resources, 43 P.3d 891 (Kan. Ct. App. 2002). “Morever, the employer also placed a release on the back of the check to forestall litigation in violation of K.S.A. 44-316(b). 224 Kan. at 411-12 . Beckman contends that Miller conceded that he agreed to have the costs of his lunches withheld from the accumulated wages that…”
Clements v. Emery Worldwide Airlines, Inc., 44 F. Supp. 2d 1141 (D. Kan. 1999). “§ 44-316(b) if the defen *1149 dant’s refusal to pay the wages was willful.”
— K.S.A. § 44-316(o) — 1 case
Holder v. Kansas Steel Built, Inc., 582 P.2d 244 (Kan. 1978). “44-315 and K.S.A. 44-316 the penalty authorized can be collected only if the employer knowingly or willfully fails to pay the wages due.”
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