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44-323. Assessment of interest; who deemed employer. (a) At the discretion of the presiding officer, interest, as provided under K.S.A. 16-201, and amendments thereto, may be assessed on wage claims found to be due and owing from the date the wages were due as defined in K.S.A. 44-314, and amendments thereto.

(b) Any officer, manager, major shareholder or other person who has charge of the affairs of an employer, and who knowingly permits the employer to engage in violations of K.S.A. 44-314 or 44-315, and amendments thereto, may be deemed the employer for purposes of this act.

History: L. 1973, ch. 204, § 11; L. 1983, ch. 165, § 2; L. 1988, ch. 356, § 139; L. 2003, ch. 76, § 2; July 1.

Law Review and Bar Journal References:

"Conflict of Laws in Kansas: A Guide to Navigating the Dismal Swamp," Terri Savely Bezek, 71 J.K.B.A. No. 8, 21 (2002).

"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. Action based on oral contract of employment subject to three-year statute of limitations. Head v. Knopp, 225 Kan. 45, 46, 587 P.2d 867.

2. Cited; statutory remedy for damages for breach of employment contract lies hereunder. Temmen v. Kent-Brown Chev. Co., 227 Kan. 45, 46, 48, 49, 50, 51, 605 P.2d 95.

3. Sole officer of corporation who knowingly permits violation of wage payment laws is personally liable for unpaid wages and damages. State ex rel. McCain v. Erdman, 4 Kan. App. 2d 375, 377, 607 P.2d 78.

4. Where employee elects statutory remedy for willful nonpayment of wages, interest under K.S.A. 16-201 not mandatory. Weinzirl v. The Wells Group, Inc., 234 Kan. 1016, 1023, 677 P.2d 1004 (1984).

5. "Employer" determined; effect of employer's filing for bankruptcy. Alkire v. Fissel, 23 Kan. App. 2d 487, 495, 932 P.2d 1034 (1997).

6. 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).

7. A former employee is not required to show that a former employer knowingly failed to make 401(k) contributions, and the fact that the employer used a third party to make such contributions is not material to make a claim for unpaid contributions under the Kansas Wage Payment Act. Nordwald v. Brightlink Commc'ns LLC, 603 F. Supp. 3d 1030, 1038 (D. Kan. 2022).


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