CHAPTER 69 HOUSE BILL No. 2049 An  Act concerning payment of compensation; amending K.S.A. 44-315 and K.S.A. 1998
Supp. 44-314 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 44-315 is hereby amended to read as follows: 44-
315. (a) Whenever an employer discharges an employee or whenever an
employee quits or resigns, the employer shall pay the employee's earned
wages not later than the next regular payday upon which he or she would
have been paid if still employed as provided under K.S.A. 44-314 either
through the regular pay channels or by mail postmarked within the dead-
lines herein specified if requested by the employee.

      (b) If an employer knowingly willfully fails to pay an employee wages
as required by K.S.A. 44-314, and amendments thereto, or as required
under subsection (a) of this section, such employer shall be liable therefor
to the employee for the wages due and also shall be additionally liable for
damages to the employee for a penalty in the fixed amount of one percent
(1%) 1% of the unpaid wages for each day, except Sunday and legal hol-
idays, upon which such failure continues after the eighth day after the
day upon which payment is required or in an amount equal to 100% of
the unpaid wages, whichever is smaller, except that such penalty shall
apply only in the event of a willful violation. For the purpose of such
additional damages, the failure to pay shall not be deemed to continue
after the date of the filing of a petition in bankruptcy with respect to the
employer if he or she is adjudicated bankrupt upon such petition nor shall
it be deemed to continue after an appeal is filed under K.S.A. 44-322a,
until the decision on appeal becomes final, whichever is less. For the
purpose of such additional damages, the failure to pay shall not be deemed
to continue after the date of the filing of a petition in bankruptcy with
respect to the employer if he or she is adjudicated bankrupt upon such
petition nor shall it be deemed to continue after an appeal is filed under
K.S.A. 44-322a, and amendments thereto, until the decision on appeal
becomes final.

      Sec.  2. K.S.A. 1998 Supp. 44-314 is hereby amended to read as fol-
lows: 44-314. (a) Every employer shall pay all wages due to the employees
of the employer at least once during each calendar month, on regular
paydays designated in advance by the employer, in lawful money of the
United States or with checks or drafts which are negotiable in the com-
munity wherein the place of employment is located. In lieu of payment
by money, checks or drafts, the secretary may approve for any employer
a plan of payment by bank deposits to employee's accounts or, with the
written consent of the employee, by electronic deposit to an employee's
account at a financial institution.

      (b) The end of the pay period for which payment is made on a regular
payday shall be not more than 15 days before such regular payday unless
a variance in such requirement is authorized by state or federal law.

      Sec.  3. K.S.A. 44-315 and K.S.A. 1998 Supp. 44-314 are hereby re-
pealed.

      Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 7, 1999.
__________