Kansas Statutes Annotated

K.S.A. § 44-324 (2026)

Proceedings; assignment of claims taken by secretary, when; fee; wage claims assignment fee fund

✓ current as of May 2026

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44-324. Proceedings; assignment of claims taken by secretary, when; fee; wage claims assignment fee fund. (a) Any proceeding by one or more employees to assert any claim arising under or pursuant to this act may be brought in any court of competent jurisdiction.

(b) Whenever the secretary determines under K.S.A. 44-322a, and amendments thereto, that an employee has a valid claim for unpaid wages and determines that the amount of the claim is less than $10,000, the secretary, upon the written request of the employee, shall take an assignment of the claim in trust for such employee and shall take action appropriate to enforce or defend such claim. Whenever the secretary determines under K.S.A. 44-322a, and amendments thereto, that an employee has a valid claim for unpaid wages and determines that the amount of the claim is equal to or greater than $10,000, the secretary, upon the written request of the employee, may take an assignment of the claim in trust for such employee and if the assessment is taken, shall take action appropriate to enforce or defend such claim. With the written consent of the assignor, the secretary may settle or adjust any claim assigned pursuant to this subsection. Whenever the secretary takes an assignment of a claim in trust for an employee under this section, the secretary shall charge and collect a fee therefor which fee shall be fixed by rules and regulations adopted by the secretary. The fee fixed by rules and regulations shall be in an amount of not more than $25 per claim assigned under this section.

(c) If the secretary prevails on behalf of the employee, the court shall award a judgment to the agency in an amount equal to the cost of reasonable attorney fees for such action.

(d) There is hereby created the wage claims assignment fee fund. The secretary shall remit all moneys received for assignment and attorney fees charged and collected under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the wage claims assignment fee fund. All expenditures from the wage claims assignment fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary.

History: L. 1973, ch. 204, § 12; L. 1976, ch. 370, § 7; L. 1977, ch. 173, § 4; L. 1986, ch. 187, § 2; L. 1996, ch. 162, § 1; L. 2001, ch. 5, § 134; L. 2011, ch. 53, § 15; July 1.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1980–2022 · leading case: Smith v. MCI Telecomm. Corp., 124 F.R.D. 665 (D. Kan. 1989).

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Smith v. MCI Telecomm. Corp., 124 F.R.D. 665 (D. Kan. 1989). · cites it 3× “K.S.A. 44-324 provides that “[a]ny proceeding by one or more employees to assert any claim arising under or pursuant to this act may be brought in any court of competent jurisdiction.”

Jones v. Casey's Gen. Stores, 551 F. Supp. 2d 848 (S.D. Iowa 2008). · cites it 2× “” Kan. Stat. Ann. § 44-324 (a). Kansas Statute § 44-314, notably not cited by Plaintiffs in their Proposed Amended Complaint, provides that “[ejvery employer shall pay all wages due to the employees of the employer at least once during each calendar month, on regular paydays…”

Micheaux v. Amalgamated Meatcutters & Butcher Workmen of North Am., Local P-94, 648 P.2d 722 (Kan. 1982). · cites it 2× “Pursuant to K.S.A. 44-324(¿), the Secretary of Human Resources took an assignment of the claim.”

Sweet v. Stormont Vail Reg'l Med. Ctr., 647 P.2d 1274 (Kan. 1982). “At the time of filing the original claim it was assigned, pursuant to K.S.A. 44-324, to the Secretary of Human Resources.”

Spor v. Presta Oil Co., 798 P.2d 68 (Kan. Ct. App. 1990). · cites it 3× “K.S.A. 44-324(a) provides: “Any proceeding by one or more employees to assert any claim arising under or pursuant to this act may be brought in any court of competent jurisdiction.”

Richardson v. St. Mary Hosp., 627 P.2d 1143 (Kan. Ct. App. 1981). “The secretary of the Kansas Department of Human Resources is the real party in interest by virtue of K.S.A. 1980 Supp. 44-324(h). The operative facts are not in dispute.”

Morton Bldgs., Inc. v. Dep't of Human Resources, 695 P.2d 450 (Kan. Ct. App. 1985). “K.S.A. 44-324(b). The wage claims were granted by administrative order but denied by the district court on appeal.”

Mid Am. Aerospace, Inc. v. Dep't of Human Resources, 694 P.2d 1321 (Kan. Ct. App. 1985). “Human Resources is the statutory assignee of Johnson’s wage claim, having taken an assignment of his claim pursuant to K.S.A. 44-324(b) of the Kansas Wage Payment Act.”

Midwest Crane & Rigging, Inc. v. Kansas Corp. Comm'n, 163 P.3d 1244 (Kan. Ct. App. 2007). “Spor is additionally distinguishable from the present case because the Spor court held that the court and the Secretary of Human Resources had concurrent jurisdiction to hear back wage claims under K.S.A. 44-324(a) and that the claimants had a choice of forum.”

State Ex Rel. McCain v. Erdman, 607 P.2d 78 (Kan. Ct. App. 1980). “Montgomery assigned his claim pursuant to K.S.A. 44-324 to the Secretary of Human Resources, who sought the back wages and damages equal to the unpaid wages as provided by K.”

Nordwald v. Brightlink Commc'ns, LLC (D. Kan. 2022). · cites it 2× “2d 696, 697-98 (1990) (quoting K.S.A. § 44-324(a)). Thus, because the statute at issue already expressly provides a remedial scheme including claims for civil liability – of which Mr.”

Shelley v. State, 8 P.3d 33 (Kan. Ct. App. 2000). · cites it 3× “Attorney Fees Shelley argues that she is entitled to attorney fees under K.S.A. 1996 Supp. 44-324. We disagree. K.”

— K.S.A. § 44-324(a) — 5 cases

Smith v. MCI Telecomm. Corp., 124 F.R.D. 665 (D. Kan. 1989). “K.S.A. 44-324 provides that “[a]ny proceeding by one or more employees to assert any claim arising under or pursuant to this act may be brought in any court of competent jurisdiction.”

Jones v. Casey's Gen. Stores, 551 F. Supp. 2d 848 (S.D. Iowa 2008). “” Kan. Stat. Ann. § 44-324 (a). Kansas Statute § 44-314, notably not cited by Plaintiffs in their Proposed Amended Complaint, provides that “[ejvery employer shall pay all wages due to the employees of the employer at least once during each calendar month, on regular paydays…”

Spor v. Presta Oil Co., 798 P.2d 68 (Kan. Ct. App. 1990). “K.S.A. 44-324(a) provides: “Any proceeding by one or more employees to assert any claim arising under or pursuant to this act may be brought in any court of competent jurisdiction.”

Nordwald v. Brightlink Commc'ns, LLC (D. Kan. 2022). “2d 696, 697-98 (1990) (quoting K.S.A. § 44-324(a)). Thus, because the statute at issue already expressly provides a remedial scheme including claims for civil liability – of which Mr.”

— K.S.A. § 44-324(b) — 3 cases

Micheaux v. Amalgamated Meatcutters & Butcher Workmen of North Am., Local P-94, 648 P.2d 722 (Kan. 1982). “Pursuant to K.S.A. 44-324(¿), the Secretary of Human Resources took an assignment of the claim.”

— K.S.A. § 44-324(c) — 1 case

Shelley v. State, 8 P.3d 33 (Kan. Ct. App. 2000). “Attorney Fees Shelley argues that she is entitled to attorney fees under K.S.A. 1996 Supp. 44-324. We disagree. K.”

— K.S.A. § 44-324(h) — 1 case

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