Kan. Admin. Regs. § 49-20-1 - Definitions
(a) Authorized
deductions, "accruing to the benefit of the employee", as used in
K.S.A.
44-319(a)(3), shall mean
deductions from an employee's pay for which the employer has received a signed
authorization from the employee for lawful deductions that do not in any way
waive, set aside or contravene any rights created in
K.S.A.
44-313
et seq., as amend-ed.
(1) Authorized deductions shall include:
(A) Contributions to and recovery of
overpayments under employee welfare and pension plans;
(B) contributions made under a collective
bargaining agreement to employee welfare and pension plans that are not subject
to the federal welfare and pension plans disclosure act. Such plans include,
but are not limited to, group insurance plans, hospitalization insurance, life
insurance plans approved by the Kansas commissioner of insurance, group
hospitalization and medical service programs offered by nonprofit
hospitalization and medical service organizations, and group medical insurance
plans;
(C) deductions authorized
in writing by employees or deduction by employers under a collective bargaining
agreement for payments into:
(i)
Company-operated thrift plans; or
(ii) stock option or stock purchase plans to
buy securities of the employing or an affiliated corporation at market price or
less, provided such securities are listed on a stock exchange or are marketable
over the counter;
(D)
deductions by employers for payment into employee personal savings accounts.
Such payments include, but are not limited to, payments into credit unions,
savings fund societies, savings and loan associations, building and loan
associations, savings departments of banks for Christmas, vacations or other
purposes, and payments for United States government bonds;
(E) contributions by the employee for
charitable purposes;
(F)
contributions to labor organizations for purposes of dues, assessments,
initiation fees and other charges; and
(G) the actual cost to the employer of meals
and lodging obtained from the employer, if the cost is not wages earned.
(2) The following
deductions shall not be considered authorized deductions "accruing to the
benefit of the employee" within the meaning of
K.S.A.
44-319(a)(3):
(A) Deductions made for cash and inventory
shortages; breakage; returned checks or bad credit card sales; losses to
employers resulting from burglaries, robberies, or alleged negligent acts.
(B) deductions made for uniforms,
special tools or special equipment which are not necessary to the performance
of the assigned duties and are customarily supplied by the employer;
(C) any other deduction not set out by
K.S.A.
44-313
et seq. or permitted
by these rules and regulations.
(3) The following deductions shall not
require written authorization by the employee as provided by
K.S.A.
44-319(a)(3):
(A) Deductions which the employer is required
or empowered to make:
(i) By state or federal
law; or
(ii) by court order
lawfully issued, to the extent permitted by that law (K.S.A.
44-319(a)(1));
(B) deductions for medical,
surgical, or hospital care and services paid for by the employer which are
without any financial benefit to the employer and which are duly recorded in
accounts maintained by the employer (K.S.A.
44-319(a)(2));
(C) deductions made to correct wage
overpayments resulting from employer error when the error alone has resulted in
the overpayment. However, if the deduction rate is to exceed the overpayment
rate, the employer shall be required to obtain signed authorization of the
employee before making any such deduction;
(D) deduction for cash advances made upon the
written request or by signed agreement of the employee and made as part payment
of future wages to be earned;
(E)
deduction for excess cash expense allowances or advances made to the employee
which are not justified by expense receipts returned to the employer, to the
extent of any unexpended cash expense advances not returned to the employer.
(b) "Plan of
payment," as used in
K.S.A.
44-314, shall mean a method agreed to in
advance by an employee in which the employer makes bank deposits for the
employee on or before the regular payday in an amount equal to the payroll
amount, plus any additional amount required by the depository as a service
charge, upon which the employee may draw an amount equivalent to the employee's
wages less authorized deductions. Under such a plan of payment, the employer
shall give a statement of earnings to the employee and the bank shall provide
one free check to the employee.
(c) "Binding settlement agreement," as
contemplated by
K.S.A.
44-316(b), shall mean an
agreement approved by the secretary of human resources or the secretary's
authorized representative either prior to or subsequent to an administrative
hearing conducted pursuant to
K.S.A.
44-322a. Once an appeal from an
administrative order has been filed with the district court pursuant to
K.S.A.
60-2101, and prior to court decision, any
binding settlement agreement between the parties, as defined herein shall be
valid only if approved by the hearing officer or that officer's authorized
representative.
(d) "Or other
basis," within the meaning of
K.S.A.
44-313(c), shall include all
agreed compensation for services for which the conditions required for
entitlement, eligibility, accrual or earning have been met by the employee.
Such compensation may include, but is not limited to, profit sharing, fringe
benefits, or compensation due as a result of services performed under an
employment contract that has a wage rate required or implied by state or
federal law. Conditions subsequent to such entitlement, eligibility, accrual or
earning resulting in a forfeiture or loss of such earned wage shall be
ineffective and unenforceable.
(e)
"Allowed or permitted to work", within the meaning of
K.S.A.
44-313(b), shall not include
an independent contractor, as defined by rules, regulations, and
interpretations of the United States secretary of labor for the purposes of the
fair labor standards act.
Notes
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