44-324. Proceedings; assignment of claims taken by secretary, when; fee; wage claims assignment fee fund.
44-324
44-324. Proceedings; assignment of claims taken bysecretary, when; fee; wage claims assignment fee fund.(a) Any proceeding by one or more employees to assert any claim arisingunder or pursuant to this act may be brought in any court of competentjurisdiction.
(b) Whenever the secretary determines under K.S.A. 44-322a, andamendments thereto, that an employee has avalid claim forunpaid wages and determines that the amount of the claimis less than $10,000, the secretary, upon thewritten request of the employee, shall take an assignment ofthe claim in trust for such employee and shall takeaction appropriate to enforce or defend such claim.Whenever the secretary determines under K.S.A. 44-322a, and amendmentsthereto, that an employee has a valid claim for unpaid wages anddeterminesthat the amount of the claim is equal to or greater than $10,000, thesecretary, upon the written request of the employee, may take an assignmentof the claim in trust for such employee and if the assessment is taken,shall take action appropriate to enforce or defend such claim. With thewritten consent of the assignor, the secretary may settle or adjust anyclaim assigned pursuant to this subsection. Whenever the secretary takesan assignment ofa claim in trust for an employee under this section, the secretary shallcharge and collect a fee therefor which fee shall be fixed by rules andregulations adopted by the secretary. The fee fixed by rules andregulations shall be in an amount of not more than $25 per claim assignedunder this section.
(c) If the secretary prevails on behalf of the employee, the court shallaward a judgment to the agency in an amount equal to the cost of reasonableattorney fees for such action.
(d) There is hereby created the wage claims assignment fee fund.The secretary shall remit all moneys received for assignment and attorney feescharged and collected under this section to the state treasurer in accordancewith the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of eachsuch remittance, the state treasurer shall deposit the entire amountin the state treasury. Twenty percent of each such depositshall be credited to the state general fund and the balance shall becredited to the wage claims assignment fee fund. All expenditures from thewage claims assignment fee fund shall be made in accordance withappropriation acts upon warrants of the director of accounts and reportsissued pursuant to vouchers approved by the secretaryor by a person or persons designated by the secretary.
History: L. 1973, ch. 204, § 12; L. 1976, ch. 370, § 7;L. 1977, ch. 173, § 4;L. 1986, ch. 187, § 2;L. 1996, ch. 162, § 1;L. 2001, ch. 5, § 134; July 1.