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44-1202. Minimum wage and maximum hours law; definitions. As used in K.S.A. 44-1201 to 44-1213, inclusive, and amendments thereto, unless the context otherwise requires:

(a) "Secretary" means the secretary of labor.

(b) "Wage" means compensation due to an employee by reason of the employee's employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such allowances as may be permitted by regulations of the secretary under K.S.A. 44-1207, and amendments thereto.

(c) "Employ" means to suffer or permit to work.

(d) "Employer" means any individual, partnership, association, corporation, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include any employer who is subject to the provisions of the fair labor standards act of 1938 (29 U.S.C.A. § 201 et seq.) and any other acts amendatory thereof or supplemental thereto.

(e) "Employee" means any individual employed by an employer, but shall not include: (1) Any individual employed in agriculture; (2) any individual employed in domestic service in or about a private home; (3) any individual employed in a bona fide executive, administrative or professional capacity or in the capacity of an outside commission paid salesman, as such terms are defined and delimited by rules and regulations of the secretary; (4) any individual employed by the United States; (5) any individual who renders service gratuitously for a nonprofit organization as such terms are defined by rules and regulations of the secretary; (6) persons eighteen years of age or less employed for any purpose on an occasional or part-time basis; or (7) any individual employed by a unified school district in an executive, administrative or professional capacity, if the individual is engaged in such capacity 50% or more of the hours during which the individual is so employed.

(f) "Occupation" means employment in any service, trade, business, industry or other gainful employment.

(g) "Gratuity" means voluntary monetary contribution received by an employee from a guest, patron or customer for services rendered.

(h) "Occasional or part-time basis" means any employee working less than 40 hours per week and, for the purposes of this definition, students 18 years of age and under working between academic terms shall be considered part-time employees regardless of the number of hours worked.

History: L. 1977, ch. 179, § 4; L. 1979, ch. 162, § 2; L. 1988, ch. 175, § 1; L. 2004, ch. 179, § 84; July 1.

Law Review and Bar Journal References:

"Farmers and the Law: Exemptions and Exceptions," J. W. Looney, 50 J.B.A.K. 7, 9 (1981).

"Employment Law: After-Acquired Evidence Doctrine—An Affirmative Defense for Kansas Employers to Bar Relief for Wrongful Discharge," Robert L. Shuck, 37 W.L.J. 215 (1997).

"The In-House Attorney Employment Dilemma," Todd Myers, 6 Kan. J.L. & Pub. Pol'y, No. 2, 147 (1997).

CASE ANNOTATIONS

1. Exemptions applicable to fair labor standards act and state law not coextensive. Dollison v. Osborne County, 241 K. 374, 380, 381, 382, 383, 384, 737 P.2d 43 (1987).

2. Under facts, undersheriff found to be non-administrative employee and therefore entitled to overtime provisions of KMWMHL. Dollison v. Osborne Co., 243 K. 763, 768, 763 P.2d 1101 (1988).

3. Air freight carrier met definition of employer for Kansas minimum wage statute overtime requirement purposes. Clements v. Emery Worldwide Airlines, Inc., 44 F.Supp.2d 1141, 1147 (1999).

4. Parties found to be regulated by the FLSA; Kansas law not applicable. Brown v. Ford Storage & Moving Co., 43 K.A.2d 304, 224 P.3d 593 (2010).


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