44-1202. Minimum wage and maximum hours law; definitions.
44-1202
44-1202. Minimum wage and maximum hours law;definitions.As used in K.S.A. 44-1201 to 44-1213, inclusive, andamendments thereto, unless the context otherwise requires:
(a) "Secretary" means the secretary of labor.
(b) "Wage" means compensation due to an employee by reason of the employee'semployment, payable in legal tender of the UnitedStates or checkson banks convertible into cash on demand at full face value, subject tosuch allowances as may be permitted by regulations of the secretaryunder K.S.A. 44-1207 and amendments thereto.
(c) "Employ" means to suffer or permit to work.
(d) "Employer" means any individual, partnership, association,corporation, business trust or any person or group of persons actingdirectly or indirectly in the interest of an employer in relation to anemployee, but shall not include any employer who is subject to theprovisions of the fair labor standards act of 1938 (29 U.S.C.A. § 201et seq.) and any other acts amendatory thereof or supplementalthereto.
(e) "Employee" means any individual employed by an employer, butshall not include: (1) Any individual employed in agriculture; (2) anyindividual employed in domestic service in or about a private home; (3)any individual employed in a bona fide executive, administrative orprofessional capacity or in the capacity of an outside commission paidsalesman, as such terms are defined and delimited by rules and regulations ofthesecretary; (4) any individual employed by the United States; (5) anyindividual who renders service gratuitously for a nonprofit organizationas such terms are defined by rules and regulations of the secretary;(6) personseighteen years of age or less employedfor any purpose on an occasional or part-time basis; or (7) anyindividual employed by a unified school district in an executive,administrative or professional capacity, if the individual is engaged insuch capacity 50% or more of the hours during which theindividual is so employed.
(f) "Occupation" means employment in any service, trade, business,industry or other gainful employment.
(g) "Gratuity" means voluntary monetary contribution received by anemployee from a guest, patron or customer for services rendered.
(h) "Occasional or part-time basis" means any employee working lessthan 40 hours per week and, for the purposes of this definition,students 18 years of age and under working between academicterms shall be considered part-time employees regardless of the numberof hours worked.
History: L. 1977, ch. 179, § 4; L. 1979, ch. 162, § 2;L. 1988, ch. 175, § 1;L. 2004, ch. 179, § 84; July 1.