Kansas Wage Payment Act Hearing Procedure


Why Have a Hearing?
An employee filed a claim 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 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. 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.

Before the Hearing

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 located at 1020 S. Kansas, Topeka, Kansas 66612 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 at (785) 296-2433 prior to your hearing date.

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:
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. A claimant may withdraw his/her claim at any time prior to 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 Blvd.
Topeka, KS 66603
(785) 296-5000 ext. 1068

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

At the Hearing
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.

After the Hearing
The Decision:
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.