44-322a.
Enforcement; hearing; action of secretary; judicial review.
(a) Whenever a claim for unpaid wages under K.S.A. 44-313 through 44-326, and amendments thereto, is filed with the secretary of labor, the secretary or the secretary's authorized representative shall investigate the claim as provided in K.S.A. 44-322, and amendments thereto, to determine if a dispute exists between the parties to the claim. If the secretary or the secretary's authorized representative determines that a dispute does exist and that the parties are unable to resolve their differences, the secretary or a presiding officer from the office of administrative hearings shall establish a time and place for a hearing on the matter. The hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(b) Upon the completion of the hearing, the presiding officer shall determine whether the claim for unpaid wages is a valid claim under K.S.A. 44-313 through 44-326, and amendments thereto. If the presiding officer determines the claim for unpaid wages is valid, the amount of unpaid wages owed together with any damages which may be assessed under K.S.A. 44-315, and amendments thereto, if applicable, also shall be determined by the presiding officer. If the presiding officer determines the claim for unpaid wages is valid, the presiding officer shall order that the unpaid wages and any applicable damages be paid by the party responsible for their payment. Any initial order under this section shall be reviewed by the secretary in accordance with K.S.A. 77-527, and amendments thereto. The decision of the secretary shall be final and the amount of any unpaid wages and applicable damages determined by the secretary to be valid shall be due and payable unless judicial review is sought within the time allowed by law.
(c) Any agency action under this section is subject to review in accordance with the Kansas judicial review act.
History:
L. 1977, ch. 173, § 2; L. 1983, ch. 165, § 1; L. 1986, ch. 318, § 53; L. 1988, ch. 356, § 138; L. 2004, ch. 179, § 5; L. 2008, ch. 150, § 4; L. 2010, ch. 17, § 71; July 1.
Notes of Decisions
Campbell v. Husky Hogs, L.L.C., 255 P.3d 1 (Kan. 2011).
· cites it 4× “44-321); and mandates that the Secretary of Labor enforce and administer the KWPA’s provisions through administrative proceedings, compulsory process to compel witness attendance and document production, and permits application to the district courts for citations in contempt…”
Woods v. Midwest Conveyor Co., 648 P.2d 234 (Kan. 1982).
· cites it 2× “Appeals to the district court, similar to appeals from an order of the KCCR, are provided for in K.S.A. 44-322a. In this and other similar statutes authorizing an administrative agency to assess damages as penalties, the damages or penalties, without exception, are limited by…”
Coma Corp. v. Kansas Dep't of Labor, 154 P.3d 1080 (Kan. 2007).
“It also reversed the hearing officer’s penalty award, holding that federal immigration policy should prohibit a statutory penalty. ANALYSIS Standard of Review KDOL actions are reviewable under the Act for Judicial Review and Civil Enforcement of Agency Actions (KJRA), K.”
Craig v. FedEx Ground Package Sys., Inc., 335 P.3d 66 (Kan. 2014).
“44-322; K.S.A. 2007 Supp. 44-322a. Notably, the KWPA does not contain any express provision relating to die payment of overtime, which is typically pursued under a FLSA claim.”
Smith v. MCI Telecomm. Corp., 124 F.R.D. 665 (D. Kan. 1989).
“K.S.A. 44-322a(a). In making his determination regarding the claim, the secretary has the power to issue compulsory process to compel the attendance of witnesses or the production of evidence, examine witnesses under oath, and apply to state district court judges for citations…”
Micheaux v. Amalgamated Meatcutters & Butcher Workmen of North Am., Local P-94, 648 P.2d 722 (Kan. 1982).
· cites it 2× “: This is an appeal in a wage claim dispute originally heard administratively pursuant to procedures found in K.S.A. 44-322a. The two claimants before the administrative *792 agency, Alfreda Micheaux and Willie Cotton, were former employees of Amalgamated Meatcutters and Butcher…”
Weinzirl v. the Wells Grp., Inc., 677 P.2d 1004 (Kan. 1984).
“21 as earned wages but reversed on the penalty imposed and refused to award prejudgment interest claimed by Weinzirl for the first time in the district court.”
Richardson v. St. Mary Hosp., 627 P.2d 1143 (Kan. Ct. App. 1981).
“…its review on the record taken below, and in our opinion it followed the statutorily prescribed standard of review. K.S.A. 1980 Supp. 44-322a(c). Affirmed.”
R. D. Andersen Constr. Co. v. Kansas Dep't of Human Resources, 643 P.2d 1142 (Kan. Ct. App. 1982).
“44-322 and ultimately set the claim for an administrative hearing on December 15, 1980, as provided by K.S.A. 44-322a. On December 10,1980, appellee filed a petition in the Shawnee County District Court seeking a declaratory judgment that the appellants’ attempt to exert…”
Spor v. Presta Oil Co., 798 P.2d 68 (Kan. Ct. App. 1990).
“44-322 and K.S.A. 1989 Supp. 44-322a establish a comprehensive administrative remedy for claims for back wages.”
Spicin Foods, Inc. (Kan. Ct. App. 2024).
· cites it 2× “44-322a(b) ("[T]he presiding officer shall order that the unpaid wages and any applicable damages be paid by the party responsible for their payment."); K.S.A. 44- 323(b) ("Any officer, manager, major shareholder or other person who has charge of the affairs of an employer, and…”
— K.S.A. § 44-322a(a) — 1 case
Smith v. MCI Telecomm. Corp., 124 F.R.D. 665 (D. Kan. 1989).
“K.S.A. 44-322a(a). In making his determination regarding the claim, the secretary has the power to issue compulsory process to compel the attendance of witnesses or the production of evidence, examine witnesses under oath, and apply to state district court judges for citations…”
— K.S.A. § 44-322a(b) — 1 case
Spicin Foods, Inc. (Kan. Ct. App. 2024).
“44-322a(b) ("[T]he presiding officer shall order that the unpaid wages and any applicable damages be paid by the party responsible for their payment."); K.S.A. 44- 323(b) ("Any officer, manager, major shareholder or other person who has charge of the affairs of an employer, and…”
— K.S.A. § 44-322a(c) — 3 cases
Richardson v. St. Mary Hosp., 627 P.2d 1143 (Kan. Ct. App. 1981).
“…its review on the record taken below, and in our opinion it followed the statutorily prescribed standard of review. K.S.A. 1980 Supp. 44-322a(c). Affirmed.”
Spicin Foods, Inc. (Kan. Ct. App. 2024).
“44-322a(b) ("[T]he presiding officer shall order that the unpaid wages and any applicable damages be paid by the party responsible for their payment."); K.S.A. 44- 323(b) ("Any officer, manager, major shareholder or other person who has charge of the affairs of an employer, and…”
— K.S.A. § 44-322a(e) — 1 case
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