Workplace Laws and Requirements

Kansas Wage Payment Act Hearing Procedure

1. Why Have a Hearing? An employee filed a claim with KDOL for wages under the provisions of the Kansas Wage Payment Law, K.S.A. 44-313 et seq. The law provides that the Secretary of Labor shall appoint a presiding officer to conduct a hearing and decide issues raised by the claim. At the hearing, the claimant and the employer may submit testimony under oath and documentary evidence.

2. The Hearing: The presiding officer will conduct the hearing under the principles of "due process of law." The decision will be based solely on the facts of the case and the applicable law.

Before the Hearing

3. Preparation: The office of Employment Standards mailed a copy of the claim documents to you. If there is some dispute about the facts and the important events, it is important that your witnesses who observed those events be at the hearing to give testimony.

4. The Witnesses: The presiding officer must determine the facts in your case and apply the law to those facts. Testimony under oath about events that you and other witnesses personally observed is important evidence. Documents and testimony of a witness who did not personally observe important events are "hearsay" evidence which is admissible and could be helpful to support your testimony. However, standing alone, hearsay evidence may not be convincing to prove facts if an eyewitness testifies differently to the same events. If you believe that there will be some dispute about the events that can decide your case, it is important to bring the witness who observed the events.

5. Unwilling Witnesses: The Office of Employment Standards may issue a subpoena to compel the attendance of an involuntary witness.

6. A Subpoena for a witness or a document will not be approved unless certain conditions are met. Your request must be submitted in writing on the form provided by the Office of Employment Standards at least two (2) weeks before your hearing so that it can be served. The evidence must show a clear dispute about material facts and the witness or document must be essential to resolve the dispute. If your request for a subpoena is denied, you may renew your request with the presiding officer at the hearing. The presiding officer will weigh the importance of your witness or document and schedule another hearing if necessary.

7. Documents: If the facts are in dispute, documents may not be an effective substitute for testimony from witnesses who observed the events. However, you should bring documents that support your case to the hearing. Documents not voluntarily provided to you can be obtained by subpoena only if: it is critically important to your case; and it is not otherwise available; and you provide the name and address of the person who has possession of the documents and you submit a request for subpoena form as required above.

8. Continuance: It is important that this hearing be conducted on the date it is first scheduled. However a continuance may be granted if good cause is shown.

9. Legal Representation and Fees: You may attend the hearing without an attorney. However, if you have an attorney, they may participate at any stage of the hearings. You must pay your own attorney fees. If you do have an attorney, they must be licensed to practice law in Kansas or associated with an attorney who is licensed to practice in Kansas.

10. Failure to Appear: If you do not appear, the presiding officer will issue a decision based on testimony and other evidence. If you filed the claim but fail to appear, it is very likely that you will lose. You may withdraw your claim prior to or at the hearing. To do so, inform the Office of Employment Standards by phone and then mail a written statement of withdrawal to the address below.

Kansas Department of Labor
Employment Standards
401 SW Topeka Boulevard
Topeka, KS 66603
(785) 296-4062

11. Hearing In-Person or By Phone? To provide the earliest possible hearing, the presiding officer will probably schedule your hearing by telephone. The notice of telephone hearing contains your instructions. All parties who respond as instructed will participate together by telephone conference. Please follow these instructions:

1. promptly provide the Office of Employment Standards with your telephone number where you will be called for the hearing;
2. be available and off the phone line at the scheduled time so the presiding officer can call you;
3. make arrangements not to be interrupted during the hearing;
4. be prepared to wait by the phone in case the presiding officer is unable to call precisely at the scheduled time;
5. before the hearing, provide the presiding officer and the opposing party a copy of your documents.

12. Questions: The law doesn't permit you to discuss your case with the presiding officer assigned to your case except at the hearing. If you have questions about the procedure or the law, you may call (785) 296-4062 and ask for your labor conciliator.

13. Communication Disability or Language Barrier: If your ability to participate in the hearing is restricted because of a disability or difficulty with the English language, contact the Office of Employment Standards immediately at for help and information about an interpreter.

Kansas Department of Labor
Employment Standards
401 SW Topeka Boulevard
Topeka, KS 66603
(785) 296-4062

At the Hearing

14. Procedure: The presiding officer will conduct the hearing under the provisions of the Administrative Proceedings Act, K.S.A. 77-501 et seq. The hearing proceedings will be tape recorded. All testimony will be under oath. As part of the introduction, the presiding officer will explain the procedure and answer your questions. The presiding officer can question each witness and then offer you the opportunity to ask questions as well. You may make legal objections but may not speak out until you are recognized by the presiding officer. After all the witnesses have been heard, you may summarize your evidence. The presiding officer will then adjourn the hearing and issue a decision by mail.

Testimony under oath is important evidence. Written documents are also important evidence, if relevant and entered into the record. Documents and testimony by witnesses with no personal knowledge of the events are "hearsay" evidence which is admissible. The presiding officer may find that hearsay evidence has little weight in supporting disputed facts.

After the Hearing

16. The Decision: The presiding officer generally will mail your decision within thirty (30) days after the hearing.

If either party disagrees with the presiding officer's decision, that party may request that the Secretary of Labor review it. You may appeal the Secretary's decision to the district court under the provisions of the Judicial Review Act, K.S.A. 77-601 et seq. The presiding officer's decision will set out the reasons for their decision.

For more information, e-mail  EmploymentStandards@dol.ks.gov  or contact us at:

Kansas Department of Labor
Employment Standards
401 SW Topeka Boulevard
Topeka, KS 66603
(785) 296-4062

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