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. 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.
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.
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.
For more information, please read Hearing Procedure.
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.
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.
The Court of Appeals:
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.