Employment of minor child entertainers, see 38-615 et seq.
Law Review and Bar Journal References:1955-56 survey of civil practice, M. C. Slough, 5 K.L.R. 173, 181 (1956).
1955-56 survey of torts, George T. Van Bebber, 5 K.L.R. 337, 343 (1956).
SAFEGUARDS IN MANUFACTURING ESTABLISHMENTS
44-101 Repealed.INSPECTION OF STRUCTURES AND APPLIANCES
44-109 Repealed.SEATS FOR FEMALE EMPLOYEES
44-111, 44-112 Repealed.ACCIDENTS AND REPORTS
44-113 through 44-116 Repealed.PREVENTION OF BLACKLISTING
44-117 Employer not to prevent discharged employee from obtaining employment.OCCUPATIONAL SAFETY AND HEALTH STANDARDS
44-120 through 44-123 Repealed.MIGRANT WORKERS
44-125 Definitions.ASSIGNMENT OF RIGHTS IN INVENTIONS
44-130 Employment agreements assigning employee rights in inventions to employer; restrictions; certain provisions void; notice and disclosure.DISCHARGE OF EMPLOYEES
44-131 Discharge of certain employees prohibited.MOTOR CARRIER SAFETY IMPROVEMENTS
44-132 Employee status of motor carrier not altered due to deployment, implementation or use of motor carrier safety improvements."Rights of Kansas Non-Union Employees Against Unjust Termination—Where Are We Now?" William C. Nulton, 54 J.K.B.A. 237, 252 (1985).
COMMISSION SALESPERSONS
44-341 Payment of commissions; definitions.Most of the workers compensation act annotations in chapter 44, article 5, K.S.A. written through 1973, have been arranged by subject matter instead of the former chronological arrangement. This was found convenient for the reason that the workers compensation act was originally enacted in 1911 and was completely revised in 1917, 1927 and 1993. Furthermore, it has been amended at nearly every regular session of the legislature.
Annotations added since 1973, are again arranged in chronological order.
Cross References to Related Sections:Occupational diseases, see chapter 44, article 5a.
Director of workers compensation, administrative activities, see chapter 74, article 7.
Department of human resources, see chapter 75, article 57.
Law Review and Bar Journal References:The voir dire examination of jurors, T. E. Akinson, 1 J.B.A.K. 125, 132 (1932).
Liability without fault; the importance of intent and motive in tort law, Paul Smith, 3 J.B.A.K. 37, 38 (1934).
The workmen's compensation law in action, Joe Nickell, 18 J.B.A.K. 127, passim (1949).
Defining accidents and determining disability, E. P. Villepigue, 26 J.B.A.K. 392 (1958).
Aggravation of pre-existing conditions, Joseph Cohen, 20 J.B.A.K. 343 (1952).
Practices and procedures before the compensation commissioner, Edward Curry, 27 J.B.A.K. 367 (1959).
Act discussed and cases cited, Albert M. Ross, 4 K.L.R. 325, passim (1955); 6 K.L.R. 272, passim (1957).
"Statutory Changes of Interest to Lawyers," Robert F. Bennett, 36 J.B.A.K. 169, 214 (1967).
Survey of Kansas law on workmen's compensation (1965-1969), 18 K.L.R. 478 to 491 (1970).
"The 1970 Kansas Legislature in Review," Robert F. Bennett, 39 J.B.A.K. 107, 195 (1970).
Extensively discussed in "Survey of Kansas Law: Workers' Compensation," William A. Kelly, 27 K.L.R. 377 (1979).
"Permanent Total and Partial Disability under the Kansas Workmen's Compensation Act," Holly Nielson Keaton, 29 K.L.R. 121 (1980).
"Survey of Kansas Law: Workmen's Compensation," 29 K.L.R. 619, 623, 624, 625, 627, 628, 629, 630, 631, 632, 633, 635 (1981).
"Workers' Compensation: Reconsidering the 'Right to Control' as the Exclusive Test for Employment Status," Catherine M. Foster, 23 W.L.J. 379, 385 (1984).
"Workers' Compensation: The Exclusive Remedy Rule is Alive and Well in Kansas [Hormann v. New Hampshire Insurance Co., 236 Kan. 190, 689 P.2d 837 (1984)]," Janet K. Kerr, 25 W.L.J. 192, 199 (1985).
"Law Students/Liability/Compensation," Robert J. Fowks, 85 No. 12, J.K.M.S. 341, 343 (1984).
"Tort Law: Kansas Further Limits Employment-at-Will By Providing Relief for Whisteblowers [Palmer v. Brown, 242 Kan. 893, 752 P.2d 685 (1988)]," Lisa K. Hammer, 28 W.L.J. 172, 180, 182, 184 (1988).
"Worker's Compensation: Is Medical Malpractice a Defense in Kansas?" Steven Day, 57 J.K.B.A. No. 8, 17, 18, 22 (1988).
"Forensic Psychiatry: Less Typical Applications," Roy B. Lacoursiere, M.D., 30 W.L.J. 29, 39 (1990).
"Workers Compensation: Narrowing the Test for Determining Permanent Partial General Disability Under the Kansas Workers Compensation Act [Hughes v. Inland Container Corp., 247 Kan. 407, 799 P.2d 1011 (1990)]," Lowell B. Meeks, 31 W.L.J. 380 (1992).
"Equal Protection and the New Workers Compensation Act," Timothy A. Short, J.K.T.L.A. Vol. XVII, No. 3, 25 (1994).
"Fire At Will? The Status of Judicially Created Exceptions to Employment-at-Will in Kansas," Diane S. Worth and Nancy M. Landis, 64 J.K.B.A. No. 2, 22, 36 (1995).
"Retaliatory Demotion: The Kansas Supreme Court Extends Retaliatory Discharge. Brigham v. Dillon Companies, Inc.," Angela Spigarelli, J.K.T.L.A. Vol. XXI, No. 2, 11 (1997).
"Retaliatory Demotion: The Kansas Supreme Court Extends Retaliatory Discharge," Angela Spigarelli, 37 W.L.J. 747 (1998).
"Brigham v. Dillon Cos.: Kansas Creates the Tort of Retaliatory Demotion," Holly M. Pauling, 46 K.L.R. 857 (1998).
"Justice in Simplicity: Perspectives on Knowledge and Access in American Employment Law," B. Glenn George, 19 Kan. J. L. & Pub. Pol'y, No. 3, 383 (2010).
Attorney General's Opinions:Performance of community service. 86-149.
CASE ANNOTATIONS1. Exclusive remedy provision of act held constitutional; corporate directors were immune from liability because of provision. Davidson v. Hobart Corp., 643 F.2d 1386, 1387, 1388 (1981).
2. Act held constitutional; civil damage action cannot be maintained by person against fellow employee for compensation for injury covered by this act. Rajala v. Doresky, 233 Kan. 440, 661 P.2d 1251 (1983).
3. Cause of action for retaliatory demotion recognized. Brigham v. Dillon Companies, 262 Kan. 12, 935 P.2d 1054 (1997).
WORKERS COMPENSATION FUND
44-566 Workers compensation fund to facilitate employment of handicapped workers; definitions.RULES AND REGULATIONS AND SHORT TITLE
44-573 Rules and regulations; filing.STATE WORKERS COMPENSATION SELF-INSURANCE FUND
44-575 State workers compensation self-insurance fund; state agencies self-insured as single employer; administration; state workplace health and safety program.GROUP-FUNDED WORKERS COMPENSATION POOLS
44-581 Group-funded workers compensation pools; requirements.ADVISORY COUNCIL
44-596 Repealed.INFORMATIONAL AND EDUCATIONAL MATERIALS
44-5,101 Informational and educational materials; contents; language; distribution to insured and self-insured.ACCIDENT PREVENTION PROGRAMS
44-5,104 Accident prevention programs; requirements and reports; inspections; duties of secretary of labor; failure to maintain, penalties.WORKERS COMPENSATION ALTERNATE DISPUTE RESOLUTION
44-5,110 Ombudsman program; qualifications and appointment of ombudsmen; special ombudsmen, contracts; dissemination of program information.FRAUD AND ABUSE
44-5,120 Fraudulent or abusive acts or practices; defined; powers, duties and functions of director of workers compensation and commissioner of insurance; application of section; administrative investigation and enforcement; hearings; costs; cease and desist orders; civil penalties; repayments, interest; review referrals, immunity."Survey of Kansas Law: Workers' Compensation," William A. Kelly, 27 K.L.R. 377, 380 (1979).
"Determining Compensation Due Under the Kansas Workmen's Compensation Act," Bryce B. Moore, 52 J.K.B.A. 214, 223 (1983).
"Justice in Simplicity: Perspectives on Knowledge and Access in American Employment Law," B. Glenn George, 19 Kan. J. L. & Pub. Pol'y, No. 3, 383 (2010).
SECRETARY OF HUMAN RESOURCES
44-601 Prescription of functions.INDUSTRIAL WELFARE OF APPRENTICES AND MINORS
44-639 State policy as to wages, hours and insanitary conditions.STATE FREE EMPLOYMENT BUREAU AND AGENCIES
44-651 Repealed.KANSAS APPRENTICESHIP COUNCIL
44-661 Kansas apprenticeship council; establishment; composition; qualifications; terms; quorum; vacancies; organization; officers; meetings; expenses; clerical, secretarial and staff assistance.Federal social security act, see 42 U.S.C. §§ 301 et seq.
Cross References to Related Sections:Constitutional provision, see Kansas Constitution, article 7, § 5.
Secretary of human resources, see chapter 75, article 57.
Law Review and Bar Journal References:1953-55 survey of labor law, Robert J. Fowks, 4 K.L.R. 300, 301 (1955).
Book Review. The New American Poverty. By Michael Harrington. Holt, Rinehart and Winston, New York, N.Y., 1984, Ronald Griffin, 26 W.L.J. 265 (1987).
"Justice in Simplicity: Perspectives on Knowledge and Access in American Employment Law," B. Glenn George, 19 Kan. J. L. & Pub. Pol'y, No. 3, 383 (2010).
Right of collective bargaining, see 44-614.
Public employer-employee relations, see 75-4321 et seq.
Law Review and Bar Journal References:"Justice in Simplicity: Perspectives on Knowledge and Access in American Employment Law," B. Glenn George, 19 Kan. J. L. & Pub. Pol'y, No. 3, 383 (2010).
ACT OF 1941
44-801 Certain labor organizations prohibited from being representative unit for the purpose of collective bargaining.ACT OF 1943 AND AMENDMENTS
44-802 Definitions.AGRICULTURAL LABOR RELATIONS
44-818 Agricultural employment relations; declaration of public policy.RIGHT TO WORK AMENDMENT
44-831 Violations of right to work amendment; civil action for damages; attorneys' fees as costs, exception; limitation of actions.Boiler Insurance by state agencies authorized, see 74-4705.
Employer and employee relations acts, see chapter 44, article 8.
Advisory committee on Hispanic affairs, see K.S.A. 74-6501.
Law Review and Bar Journal References:Power of municipal corporation to enact a civil rights ordinance, Donald R. Hill, 4 W.L.J. 128, 139, 142 (1964).
Detailed discussion of enforcement of provisions hereunder, Richard B. Dyson and Elizabeth D. Dyson, 14 K.L.R. 29 (1965).
Kansas act against discrimination and 1965 amendments discussed, Charles N. Henson, 35 J.B.A.K. 95 (1966).
Fair employment legislation; changes in 1967 act mentioned, Joseph P. Doherty, 8 W.L.J. 205 to 224 (1969).
Sections hereunder cited in discussion of civil rights commission's administrative powers, H. Scott Beims, 8 W.L.J. 225 to 237 (1969).
"Complaint Processing under the Kansas Act Against Discrimination," Homer C. Floyd and Joseph P. Doherty, 18 K.L.R. 127, 128, 129, 130, 131, 133, 135, 136, 137, 138, 139, 141, 142, 144, 145, 146, 148 (1969).
Discussion of new Fair Housing Law in "The 1970 Kansas Legislature in Review," Robert F. Bennett, 39 J.B.A.K. 107, 190, 191, 192 (1970).
Discrimination against Indians, Jerry L. Bean, 20 K.L.R. 468 (1972).
"Toward a Definition of Discrimination," Joseph P. Doherty, 12 W.L.J. 28 (1972).
"Administrative Law: The Kansas Commission on Civil Rights—True De Novo Review Arrives," Samuel D. Ogelby, 16 W.L.J. 161, 164, 166, 168 (1976).
"Fifteen Years of Home Rule in Kansas Municipalities," Murray E. Anderson, 16 W.L.J. 360, 368 (1977).
K.S.A. 44-1015 through 44-1029 compared with federal Fair Housing Act, 26 K.L.R. 255, 267 (1978).
"Administrative Law: Judicial Review of No Probable Cause Determinations," Jan E. Montgomery, 18 W.L.J. 335, 337, 340 (1979).
"Survey of Kansas Law: Consumer Law," John C. Maloney, 27 K.L.R. 197, 212 (1979).
"Kansas Discrimination Law—Practice and Procedure," David L. Ryan, 49 J.K.B.A. 35 (1980).
"Aids in the Workplace," Douglas L. Stanley, 57 J.K.B.A., No. 4, 21, 25 (1988).
"Does Membership Have Its Privileges? The Limits of Permissible Discrimination in Private Clubs," Diane S. Worth and Nancy M. Landis, 60 J.K.B.A. No. 5, 27, 35 (1991).
"Americans With Disabilities: The Legal Revolution," David L. Ryan, 60 J.K.B.A. No. 9, 13 (1991).
"Employee Drug Testing," Douglas L. Stanley, 61 J.K.B.A. No. 1, 19, 25 (1992).
"Survey of the Americans With Disabilities Act, Title I: With the Final Regulations In, Are the Criticisms Out?" D. Todd Arney, 31 W.L.J. 522, 524 (1992).
"Use of Interpreters for Deaf or Foreign-Speaking People in Kansas," Leonard A. Hall and Charla V. Beall, 63 J.K.B.A. No. 3, 36 (1994).
"Fire At Will? The Status of Judicially Created Exceptions to Employment-at-Will in Kansas," Diane S. Worth and Nancy M. Landis, 64 J.K.B.A. No. 2, 22, 43 (1995).
"Statutory Interpretation: Boy Scouts in the Bible Belt; Boy Scouts' Rejection of Atheist Not Illegal in Kansas, [Seabourn v. Coronado Area Council, Boy Scouts of America, 891 P.2d 385 (Kan. 1995)]," 35 W.L.J. 359 (1996).
"Defending Against Evictions That Violate Anti-Discrimination Legislation," Stephen Kirschbaum, 65 J.K.B.A. No. 7, 31 (1996).
"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).
"Retaliatory Demotion: The Kansas Supreme Court Extends Retaliatory Discharge," Angela Spigarelli, 37 W.L.J. 747 (1998).
"Brigham v. Dillon Cos.: Kansas Creates the Tort of Retaliatory Demotion," Holly M. Pauling, 46 K.L.R. 857 (1998).
Kansas Employment Law Survey, Elinor P. Schroeder, Pamela V. Keller, 55 K.L.R. 887 (2007).
"The Supreme Court Lowers the Bar on Unlawful Retaliation Claims in Burlington Northern & Santa Fe Railway Co. v. White," Aida M. Alaka, 76 J.K.B.A. No. 10, 19 (2007).
"Justice in Simplicity: Perspectives on Knowledge and Access in American Employment Law," B. Glenn George, 19 Kan. J. L. & Pub. Pol'y, No. 3, 383 (2010).
Attorney General's Opinions:KCCR; waiver of jurisdiction over its employees' complaints; equal protection. 88-8.
County commissioners; employment termination of county employees. 88-11.
Supreme court nominating commission; applicability of title 7; 1964 civil rights act, Americans with disabilities act and Kansas acts against discrimination. 93-69.
CASE ANNOTATIONS1. Record examined and held; defendant city sustained burden to show employment decision not discriminatory; plaintiff failed to show decision; reasons were pretext for discrimination. Webb v. City of Leavenworth, 8 Kan. App. 2d 525, 529, 661 P.2d 1 (1983).
2. State not liable for segregation in city's schools. Brown v. Board of Educ. of Topeka, 892 F.2d 851, 888 (1989).
3. Act provides an adequate and exclusive state remedy for violations of public policy enunciated therein. Polson v. Davis, 895 F.2d 705, 706, 709 (1990).
4. Claims against state university in federal court alleging violations of the Kansas act against discrimination are barred by 11th Amendment immunity. Countryman-Roswurm v. Wichita State Univ., 618 F. Supp. 3d 1140, 1154 (D. Kan. 2022).
ACT OF 1953 AND AMENDMENTS
44-1001 Title of act; declaration of state policy and purpose.SUPPLEMENTAL ACTS
44-1015 Discrimination in housing; definitions."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).
"Justice in Simplicity: Perspectives on Knowledge and Access in American Employment Law," B. Glenn George, 19 Kan. J. L. & Pub. Pol'y, No. 3, 383 (2010).
CASE ANNOTATIONS1. Sufficiency of evidence in action alleging discriminatory employment practices considered. Webb v. City of Leavenworth, 8 Kan. App. 2d 525, 661 P.2d 1 (1983).
SEX DISCRIMINATION
44-1101 through 44-1109 Repealed.HEIGHT RESTRICTIONS
44-1110 Restriction on height of person prohibited; exceptions.AGE DISCRIMINATION
44-1111 Kansas age discrimination in employment act.DISCRIMINATION AGAINST MILITARY PERSONNEL
44-1125 Definitions.1. County is an employer under K.S.A. 44-1201 et seq. State ex rel. Ludwick v. Board of Johnson County Comm'rs, 233 Kan. 79, 80, 83, 661 P.2d 377 (1983).
UNIFORM ATHLETE AGENTS ACT
44-1516 Short title.