KANSAS State Laws by Topic

Transcription

1 KANSAS State Laws by Topic AGE The Kansas Age Discrimination in Employment Act states that it is an unlawful employment practice to engage in any of the following acts. 1. To refuse to hire or employ; bar from employment; discharge; limit, segregate, or classify; or discriminate against an individual with respect to compensation or terms, conditions, or privileges of employment based on age without a valid business motive. 2. To reduce the wage rate of any employee in order to comply with the Kansas Age Discrimination in Employment Act. 3. To post help-wanted ads that directly or indirectly limit, specify, or discriminate based on age. 4. To terminate or otherwise discriminate against an individual for opposing any practices or acts forbidden by this Act. 5. To discriminate against an individual in terms of training and apprenticeship opportunities based on age, unless a bona fide occupational qualification exists. It is permissible to inquire into an applicant s age if the inquiry is in good faith for a nondiscriminatory purpose, and the inquiry is to determine whether the applicant is over 18 years of age. Under the Act, age means a chronological age of 40 years or more, and an employer is defined as any person in Kansas who employs four or more persons, as well as any person acting directly or indirectly for such a person. Note: All employers subject to this Act are required to post the Act in a conspicuous place on their premises. AIDS Discrimination: Employers are expressly prohibited from discriminating against an individual based on HIV status. ARRESTS/CONVICTIONS No general provision prohibiting an employer s collection and use of arrest or conviction records. An employer is permitted to require an applicant to sign a release form that gives the employer access to the applicant s criminal history records for purposes of determining the applicant s fitness for employment. An employer is then permitted to use the criminal history information to reject an applicant, as long as the information reasonably bears upon the applicant s... trustworthiness or the safety or well-being of the employer s employees or customers.

2 BREAKS No provision. BREAST-FEEDING A woman may breast-feed her child in any place she has a right to be present. CHILD LABOR Click on the following link to access Kansas s Department of Labor home page for information on child labor laws. CHILD SUPPORT Employers served with a child support order must begin withholding with the first pay period occurring after 14 days after the order is served. Amounts withheld are remitted within seven business days of payday. Notify the court promptly if the employee-obligor terminates. Lump-sum payments, including bonuses, commissions, vacation pay, and payments for other leave time may be subject to withholding for child support. Withholding orders for lump-sum payments apply to payments due to employees at the time the orders are served, as well as to payments becoming due to employees by the 35th day after the orders are served. Orders will specify the amount employers must withhold. Employers that receive Title IV-D income withholding orders that include arrearages must contact the IV-D agency at least 14 days prior to making lump-sum payments to employees. Employers may pay employees 14 days after contacting the IV-D agency, unless they receive additional documentation from the agency. Employers may charge employees a fee of up to $10 for honoring lump-sum withholding orders. This fee is in addition to any fees charged for withholding from wages and other periodic payments. See jury duty and violence. COURT ATTENDANCE DISABILITIES It is an unlawful employment practice for an employer to fail or refuse to hire; bar from employment; terminate; limit, segregate, or classify; deny training opportunities to; or otherwise discriminate against an individual with respect to compensation or terms, conditions, or privileges of employment based on a physical disability.

3 It is also an unlawful employment practice for any employer to print or circulate any statement, advertisement, or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses any discrimination as to physical disabilities. An employer is defined as any person in Kansas who employs four or more persons, as well as any person acting directly or indirectly for such a person. DRUG TESTING Kansas statutory drug testing provisions only apply to state government employers. The state recognizes same-sex marriage. FAMILIAL/MARITAL STATUS See pregnancy. FAMILY/MEDICAL LEAVE GENETIC TESTING State law prohibits employers from seeking to obtain, obtaining, or using genetic screening or testing information of an employee or applicant to distinguish between, discriminate against, or restrict any right or benefit otherwise due or available to an employee or applicant. Employers are also prohibited from directly or indirectly subjecting an employee or applicant to a genetic screening or test. HEALTH CARE CONTINUATION COVERAGE Continuation coverage requirements apply to employer-sponsored group health plans that do not meet federal COBRA requirements. Eligible employees have the right to continue coverage for up to 18 months. Click on the following link chapter/040_022_0000_article/040_022_0009_section/040_022_0009_k/ and input statute number to access the state law. JURY DUTY

4 It is unlawful to discharge or threaten to discharge permanent employees because of attendance or scheduled attendance for jury service. Employees must be reinstated to their position without loss of seniority, and are entitled to participate in insurance or other benefits offered by the employer. No provision. LIFESTYLE DISCRIMINATION No state-specific notification provision. MASS LAYOFF NOTIFICATION No general provision. MEDICAL DONATION LEAVE MILITARY LEAVE Employers may not refuse to grant permission to employees who are members of the state National Guard to attend the Guard drill or annual muster, or to perform active service. A person restored to employment following state duty is considered to have been on a temporary leave of absence, must be restored without loss of seniority, and is entitled to any benefits offered by the employer. Reinstatement: Any person called to state active duty whether by the Kansas National Guard, Kansas Air National Guard, Kansas State Guard, or other state military force is entitled to reinstatement upon satisfactory performance of and release from military duty, provided that notice was given to the employer. Reinstatement is to the same position of employment, except a temporary position. The individual must report to the place of employment within 72 hours of release from duty or recovery from disease or injury resulting from the duty. If an employee is no longer qualified to perform the duties of his/her former position because of a service-related disability, but is able to perform the duties of another position, the employer must reinstate the employee to a similar position with equivalent seniority, status, and pay as the former position. MINIMUM WAGE

5 Minimum hourly wage/overtime rate: $7.25/$ Basis for overtime: Over 46 hours/week. Opportunity wage for under 20-year-olds: None. Note: Employers may pay a lower state minimum wage only if they re not covered by interstate commerce. NATIONAL ORIGIN The Kansas Act Against Discrimination states that it is an unlawful employment practice to discriminate against an individual based on national origin or ancestry. An employer is defined as any person in Kansas who employs four or more persons, as well as any person acting directly or indirectly for such a person. NEW-HIRE REPORTING Data to be reported: Employee s name, address, SSN, first day of work; employer s name, address, federal and state EINs. Employees rehired after being off the payroll for 60 consecutive dates are considered new hires. Reporting deadline/form: Within business 20 days of hire or rehire; on W-4s or via . OVERTIME Basis for overtime: Over 46 hours in a week, only if the employer is not covered by federal law. PAY STATEMENTS Information required: On request, itemized deductions. Employers may provide employees with electronic pay statements. PERSONNEL FILES Public employers only. Public records must be open for inspection. However, personnel records, performance ratings, or individually identifiable records about employees or applicants are exempted from the open records requirement. The names, positions, salaries, and lengths of service of employees, however, are subject to disclosure. POLYGRAPH TESTING

6 No provisions specified in the general employment context. POSTING REQUIREMENTS Unemployment Insurance (English & Spanish) All employers covered by Kansas s unemployment insurance statutes Workers Compensation All employers Child Labor Law All employers of youth under 18 Equal Employment Opportunity (English & Spanish) All employers Equal Opportunity in Public Accommodations All public accommodations Fair Housing Recommended for businesses engaged in the sale or rental of real property PREGNANCY Coverage: Employers of four or more employees. Length of leave: For disabilities caused by abortion, miscarriage, pregnancy, childbirth, and related conditions, employers must provide the same coverage as offered for other temporary disabilities under sick leave, or health or temporary disability insurance plans. Reinstatement: After childbearing, employees must be reinstated to their original job or a position of like status and pay without a loss of service, credits, seniority, or other benefits. RACE The Kansas Act Against Discrimination states that it is an unlawful employment practice to discriminate against an individual based on race or color. An employer is defined as any person in Kansas who employs four or more persons, as well as any person acting directly or indirectly for such a person. REFERENCES Blacklisting: Former employers cannot prevent discharged employees from obtaining other employment except by furnishing in writing, on request, the cause of such discharges. References: An employer is immune from liability for disclosing the following information about a current/former employee to a prospective employer: 1) date of employment; 2) pay level; 3) job description and duties; and 4) wage history. An employer that responds in writing to a written request from a prospective employer is also immune from liability for disclosing the following

7 information if the employee has access to the information: 1) written evaluations conducted before termination; and 2) a statement about whether separation was voluntary or involuntary and the reasons for separation. Service letters: Employers must comply with a fired employee s written request for a service letter stating the employee s: 1) employment dates; 2) occupational classification; and 3) wage rate. An employer that fails to provide a requested service letter may have its state business license suspended. RELIGION The Kansas Act Against Discrimination states that it is an unlawful employment practice to discriminate against an individual based on religion. An employer is defined as any person in Kansas who employs four or more persons, as well as any person acting directly or indirectly for such a person. REPORTING PAY Compensable working time includes any period of time during which employees are working or are required by their employers to wait, when employees must report at a specific time or place for duty, even if they do nothing but wait for a work assignment; or any period of time that is less than 30 minutes between the required reporting time and the end of the required hours of work. SAFETY There is no OSHA-monitored state plan. Click on the following link Safety/Default.aspx to access the Kansas Department of Labor workplace safety home page. No provision. SCHOOL VISITATION LEAVE SEX DISCRIMINATION The Kansas Act Against Discrimination states that it is an unlawful employment practice to discriminate against an individual based on sex. An employer is defined as any person in Kansas who employs four or more persons, as well as any person acting directly or indirectly for such a person. SEXUAL HARASSMENT

8 Sexual harassment in state employment is prohibited. Such employers must adopt a sexual harassment policy, provide sexual harassment training, and develop effective complaint procedures. SEXUAL ORIENTATION DISCRIMINATION An executive order prohibits state employers from discriminating against individuals based on sexual orientation or gender identity. SMOKING The state s Clean Indoor Air Act bans smoking in any enclosed place of employment, including at access points of all buildings and facilities, with limited exceptions. An access point is defined as an area within a 10-foot radius outside of any doorway, open window, or air intake leading into a building or facility that is not exempt from the smoking ban. Policy: Employers must: 1) adopt and maintain a written smoking policy that prohibits smoking without exception in the place of employment; 2) communicate the policy to all current employees within one week of its adoption and to all new employees upon hire; and 3) provide a copy of the policy to current or prospective employees upon request. The employer must post in a conspicuous place signs displaying the international no smoking symbol and clearly stating that smoking is prohibited by state law. SOCIAL SECURITY NUMBER PRIVACY Employers are prohibited from soliciting, requiring, or using for commercial purposes an individual s Social Security number, unless the number is necessary for the normal course of business and there is a specific use for the number for which no other identifying number may be used. In addition, employers that maintain computerized data that includes personal information (e.g., Social Security numbers) must report a security breach in the most expedient time possible and without unreasonable delay to anyone whose personal information might have been compromised. UNEMPLOYMENT INSURANCE Click on for employer information on the Kansas Employment Security Law. VACATION PAY UPON TERMINATION

9 Company policy controls whether terminating employees can be paid for accrued vacation. VIOLENCE Concealed weapons: Any public or private employer may prohibit employees from carrying concealed weapons within the employer s building or buildings or while engaged in the duties of employment. However, employers may not prohibit employees from storing their firearm in their private means of conveyance even if parked on the employer s premises. Domestic violence: Employers with four or more employees, given at least 48 hours notice, may not discharge or in any manner discriminate or retaliate against an employee who is the victim of domestic violence or sexual assault for taking time off to: obtain or attempt to obtain an order of relief including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the victim or the victim s child or children; seek medical attention for injuries caused by domestic violence or sexual assault; obtain services from a domestic violence shelter or program, or rape crisis center; or make court appearances for proceedings related to domestic violence or sexual assault. An employee may use any accrued paid leave, or unpaid leave if paid leave is not available, for time off not to exceed eight days per calendar year, unless a longer period of time is otherwise available to the employee under the terms of employment or by a collective bargaining agreement. VOTING Employees are entitled to two consecutive hours to vote while the polls are open or the amount of work time that, when added to time available before or after work, will total two consecutive hours while polls are open. Employers may specify hours taken off to vote, which may not include any part of the regular lunch period. Wages: Leave will be paid. WAGE DEDUCTIONS Deductions are not allowed unless: 1) the employer is required to do so by state or federal law; 2) the deductions are for medical, surgical, or hospital care or service, without financial benefit to the employer; 3) the employer has signed authorization by the employee for deductions for a lawful purpose. Employers may amend their 401(k) plans to allow for automatic enrollment (i.e., negative-option plans). In addition to current voluntary deductions, with employees written consent, employers may make the following deductions from employees pay:

10 amounts necessary to repay employer loans or advances; amounts necessary to recover wage overpayments; and amounts necessary to compensate employers for the replacement cost or unpaid balance of the cost of merchandise or uniforms employees purchased. Employers that give a written notice or explanation to employees may make the following deductions from employees final checks, provided deductions don t reduce employees final pay to below the minimum wage: amounts necessary to recover the employer s property, including tools, personal safety equipment, computers, electronic devices, mobile phones, proprietary information (e.g., client or customer lists, intellectual property, security information, keys, access cards, or materials) until the property is returned; amounts necessary to allow employees to repay employer loans or advances; amounts necessary to recover wage overpayments; and amounts necessary to compensate employers for the replacement cost or unpaid balance of the cost of merchandise or uniforms employees purchased, or company property, equipment, tools, or other materials intentionally purchased by employees. WAGE GARNISHMENT The lesser of 25% of disposable weekly pay, or the amount by which disposable weekly pay exceeds 30 times the federal minimum wage in effect during the week the garnishment is to occur, may be withheld. Employers may not terminate an employee because his/her disposable pay is subject to a creditor garnishment. Employers have 14 days following the date of service of the initial garnishment order to complete any forms. Employers may send to the judgment creditor, via first-class mail, a request for the unsatisfied balance. Employers that fail to receive a response within seven days may submit a statement to the creditor informing the creditor that withholding under the garnishment order will cease in 14 days unless the creditor objects in writing. Employee who quits: Next payday. Employee who s fired: Next payday WAGE PAYMENT ON TERMINATION WAGE PAYMENTS

11 Payday requirements: At least monthly on regular, predesignated paydays. Direct deposit: May be mandatory if alternative payment option is offered as a default payment method to employees who fail to designate banks. WHISTLEBLOWING Employers of four or more persons are prohibited from discharging, expelling, or otherwise discriminating against employees who have opposed discriminatory acts or filed a complaint, testified, or assisted in any proceeding. No general provision. WORK AUTHORIZATION WORKERS COMPENSATION Click on the following link to access the Kansas Department of Labor s Division of Workers Compensation home page.