44-315. Separation prior to payday; damages for willful non-payment.
44-315
44-315. Separation prior to payday; damages forwillfulnon-payment.(a) Whenever an employer discharges an employee or whenever an employeequits or resigns, the employer shall pay the employee's earned wages notlater than the next regular payday upon which he or she would have beenpaid if still employed as provided under K.S.A. 44-314 eitherthrough the regular pay channels or by mail postmarked within thedeadlines herein specified if requested by the employee.
(b) If an employer willfully fails to pay an employeewages asrequired by K.S.A. 44-314, and amendments thereto, or as requiredunder subsection (a) of this section, such employer shall beliable to the employee for the wages due and alsoshall be liable to the employee for apenalty in thefixed amount of 1% of the unpaid wages for eachday,except Sunday and legal holidays, upon which such failure continuesafter the eighth day after the day upon which payment is required or inan amount equal to 100% of the unpaid wages, whichever is less. Forthe purpose of suchadditional damages, the failure to pay shall not bedeemed to continue after the date of the filing of a petition in bankruptcywith respect to the employer if he or she is adjudicated bankrupt upon suchpetition nor shall it be deemed to continue after an appeal is filed underK.S.A. 44-322a, and amendments thereto, until the decision on appeal becomesfinal.
History: L. 1973, ch. 204, § 3; L. 1977, ch. 173, § 1;L. 1999, ch. 69, § 1; July 1.