Printable Format44-317. Liability under subcontracts. Whenever any person responsible pursuant to a contract for the performance of any work has subcontracted the performance of all or any part of such work, such responsible person shall be civilly liable to the employees of the subcontractor for wages due on account of the performance of work covered by the contract, but only if and to the extent that the subcontractor fails to pay such wages. This section shall not be construed to impose any liability on any person other than the subcontractor for the added fixed damages provided in subsection (d)* of K.S.A. 44-315. Any payment of wages by reason of liability imposed by this section shall result in the creation of a right in the payor to recoupment from the subcontractor or any other person jointly or severally liable to the subcontractor therefor.
History: L. 1973, ch. 204, ยง 5; July 1.
Source or prior law:
44-306.
Revisor's Note:
* The reference to subsection "(d)" should have been to "(b)" instead.
Law Review and Bar Journal References:
"See Dick and Jane Work: A Kansas Wage Payment Act Primer," Boyd A. Byers and Carolyn L. Rumfelt, 72 J.K.B.A. No. 9, 14 (2003).
CASE ANNOTATIONS
1. Construed and applied; action to recover wages and penalties under former statute; claim within contemplation of act. McGowen v. Southwestern Bell Tel. Co., 215 Kan. 887, 888, 891, 529 P.2d 97.
2. Illegal alien's employment contract is enforceable under Kansas Wage Payment Act, act not preempted by federal law. Coma Corporation v. Kansas Dept. of Labor, 283 Kan. 625, 635, 645, 154 P.3d 1080 (2007).