Current through Register Vol. 43, No. 12, March 20, 2024
(a) Service of
claim. A copy of the claim shall be mailed to the employer by United States
mail.
(b) Investigation.
(1) The investigator shall determine that
each claim is within jurisdiction of the Kansas wage payment statutes to the
best extent possible prior to service of the claim upon the employer.
(2) The notice of claim shall
contain citation of the statute alleged to have been violated with a brief
description of the nature of the violation.
(3) The employer shall be notified of a
specified date on which a response is required, not to exceed 20 days.
Extensions of the response period may be extended for good and sufficient
reasons at the discretion of the secretary or the secretary's authorized
representative.
(4) The employer
shall respond on forms provided by the division of labor-management relations
and employment standards within the time specified in the notice of claim or
within 10 days of receipt of the claim, whichever is longer. Any response which
is incomplete and that does not answer the allegations of the claim shall not
be considered to have satisfied the response requirement.
(5) Failure on the part of the employer to
respond to a claim shall be considered as establishing a dispute and a hearing
may be set without further investigation. The investigator in all claims shall
have the full authority and power of the secretary as provided in
K.S.A.
44-322.
(6) When the evidence shows there is probable
cause to believe that a violation has occurred, the investigator shall attempt
to obtain payment or settlement through conciliation of the parties to the
dispute.
Determination of an alleged violation shall be based upon:
(A) The lawful provisions of the
employment agreement or contract between the employer and employee;
(B) evidence of work performed; and
(C) proof of payment for work
performed under the agreement or contract.
Any agreement by the parties or any requirement by the employer
to contravene, set aside or waive any provision or any right created under the
act shall be in violation of the act and equivalent to nonpayment of earned
wages. Any provision contained in the employment agreement or contract that
violates any provision or right created by this act shall not be enforceable,
regardless of whether the parties have mutually assented to the provision.
Any conditional wage payment requiring a release from further
claim for balances alleged to be owed by the employer shall be a violation of
K.S.A.
44-321 and therefor null and void unless that
release is part of a binding settlement agreement as described in the act and
defined herein.
(7) When evidence fails to support the
alleged claim, the investigator, after giving 30 days notice to the claimant of
the need for further evidence, may dismiss such claim as unmeritorious if such
evidence is not submitted.
(8) In
claims where a dispute has been determined to exist and payment or settlement
is not obtained, the investigator shall prepare the case for hearing.