Wage Claims and Hearing Procedures
Wage Claims
Filing
Download and complete the Wage Claim form (K-ESLR 105) found below. Then complete the form and return via email or via mail.
Once you file your wage claim, the Office of Employment Standards will review it to make sure it is complete and can be processed. If there are any issues found that would prevent your claim from processing, you will be notified of what it is and what you can do to fix it.
Investigation
If the claim can be processed, a Labor Conciliator will send a notice to your employer along with the claim. The notice tells your employer what they are supposed to do in response to your claim. Your employer has 10 business days from the date of the notice to reply in writing to our office. The Labor Conciliator will send a copy of your employer's reply so that you can review it and respond. You must review your copy and respond to pursue your claim. If you do not respond, the case may be closed without further investigation.
Hearing
The hearing is essentially a trial, but instead of a judge and jury, there is a presiding officer. At the hearing, you tell the presiding officer what happened, and if you have any witnesses, you can have them testify. You may also submit documents at the hearing as long as you have given a copy to your employer before the hearing. It is important to present all the evidence you have at the hearing--you will not get to do so later. The presiding officer will base his/her decision on testimony and other evidence.
You may choose to have an attorney represent you at the hearing. If you do, you must pay the attorney – the Office of Employment Standards does not provide an attorney for you. If you choose to have an attorney represent you, he/she must be licensed to practice law in Kansas or associated with an attorney who is licensed to practice in Kansas.
Secretary's Review
If you disagree with the outcome of the hearing, you may appeal to the Secretary of the Kansas Department of Labor within 18 days of the presiding officer's decision. Similarly, your employer may also appeal to the Secretary. Since this is an appeal, new evidence may not be presented. You will be notified of the Secretary's decision.
Collection
Once the decision becomes final, your employer may choose to pay at that point, or offer to settle. It is also possible that they may still refuse to pay. At this point, you may be able to assign your claim over to the Kansas Department of Labor, and it will be referred to the agency's legal division. The collection process can take a long time and the legal division may not be able to collect your money.
Bankruptcy
If the employer files a Petition in Bankruptcy at any time during the wage claim process, the Office of Employment Standards may not be able to help you.
Investigation
When one of your employees makes a claim for wages, you will be notified and given the chance to respond. When you are sent the claim for wages and the Employer's Answer, complete the answer form and return it as soon as possible using the mailing information on the form. You may also send copies of any documents that support your position such as copies of time sheets, paychecks that were given to the employee, etc.
In addition, an officer, manager or other person may be served individually and be held liable for the employee wages. If you receive individual notice, complete the Answer to Notice of Individual Liability form and return it to our office.
Hearing
The hearing is essentially a trial, but instead of a judge and jury, there is a presiding officer. It is your opportunity to present evidence and a record will be made of the hearing. Further appeals will be on the record and you will not be able to introduce new evidence. The presiding officer is the finder of fact. This means they will hear the evidence and decide what actually happened. If you do not show up for the hearing, the presiding officer will base his decision on the evidence presented. After the hearing the presiding officer will issue an Initial Order.
Note: If you choose to be represented by an attorney, he/she must be licensed to practice law in Kansas or associated with an attorney licensed to practice law in Kansas. You must pay your own attorney fees.
Secretary's Review
If the presiding officer rules against you, you may petition the Secretary of the Kansas Department of Labor within 18 days of the presiding officer's decision to review the Initial Order. Your petition should clearly explain why you disagree with the Initial Order. After consideration of your petition, the Secretary will issue a decision.
Judicial Review
If the Secretary does not grant review or finds against you, you may petition for Judicial Review within 30 days of the Secretary's decision. This is an appeal, and you may not present any new evidence. On a petition for Judicial Review, the district court reviews matters of law. It will determine if the decision was supported by law and evidence presented at the wage claim hearing. If you are a corporation or some kind of business entity, you must be represented by an attorney at this stage, unless the judge directs otherwise.
Note: In order to have the District Court review your case, you must exhaust your administrative remedies. This means that after the presiding officer gives his/her decision, you must appeal to the Secretary of the Kansas Department of Labor before you can appeal to the District Court. You cannot appeal the presiding officer's decision directly to the District Court.
District Court Judicial Review
If the District Court finds against you, you may appeal to the Kansas Court of Appeals. The Court of Appeals will not hear new evidence. Like the District Court, it will only look to see if the decision was supported by the law and the evidence presented at the wage claim hearing. If you are a corporation or some kind of business entity, you must be represented by an attorney at this stage.
The Supreme Court
If the Court of Appeals finds against you, you may appeal to the Kansas Supreme Court. The Kansas Supreme Court does not have to review your case. If it denies your appeal or finds against you, you cannot appeal to a higher court. If it does review your case, it will only look to see if the decision was supported by the law and the evidence presented at the wage claim hearing. If you are a corporation or some kind of business entity, you must be represented by an attorney at this stage.
Hearing Procedure
Kansas Wage Payment Act Hearing
If your employer has not paid your wages or benefits owed, file the Wage Claim form with the Kansas Department of Labor (KDOL) for wages under the provisions of the Kansas Wage payment Law, K.S.S 44-313 et. seq. The law provides that the Office of Administrative Hearings shall conduct a hearing and decide issues raised by the claim.
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. You and/or your legal counsel will appear by telephone for the scheduled hearing. Any party who fails to attend or participate in a prehearing, hearing or other state of an adjudicative proceeding may be held in default pursuant to K.S.A. 77-520 of the Kansas Administrative Procedure Act. At the hearing, the claimant and the employer may submit testimony under oath and documentary evidence.
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 recorded. All testimony will be under oath.
Before the Hearing Procedure
Preparation
The Office of Employment Standards has provided a copy of the claim documents to the Office of Administrative Hearings. However, you must mail all documents that you desire to present as evidence to the Office of Administrative Hearings at least seven days prior to the date of the hearing. Copies of all documents must be mailed to the opposing party. These documents must be received prior to the scheduled hearing or they will not become part of the record.
The Witnesses/Subpoenas/Documents
If you have questions about the witnesses, subpoenas and documents, please contact the Office of Administrative Hearings prior to your hearing date.
Continuance
It is important that this hearing be conducted on the date it is first scheduled. If there is a reason that you cannot attend the hearing, notify the Presiding Officer immediately.
Legal Representation and Fees
You may attend the hearing without an attorney. However, if you have an attorney, he/she may participate at any stage of the hearing. You must pay your own attorney fees. If you have an attorney, he/she must be licensed to practice law in Kansas or associated with an attorney who is licensed to practice in Kansas.
Failure to Appear
It is important that this hearing be conducted on the date it is first scheduled. If there is a reason that you cannot attend the hearing, notify the Presiding Officer immediately.
Telephone Hearing
To provide the earliest possible hearing, the Presiding Officer will schedule your hearing by telephone pursuant to K.S.A. 77-517(a). The notice of hearing contains your instructions on participation in the hearing and will provide you with a telephone number to call to participate in the hearing. All parties who respond as instructed will participate together by telephone conference.
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 Administrative Hearings immediately and ask for help and information about an interpreter.
Office of Administrative Hearings
1020 S Kansas Ave
Topeka, KS 66612
(785) 296-2433
Hearing Decisions
The Presiding Officer generally will mail your decision within 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.
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