44-401. Definitions.

44-401

Chapter 44.--LABOR AND INDUSTRIES
Article 4.--PRIVATE EMPLOYMENT AGENCIES

      44-401.   Definitions.As used in K.S.A. 44-401 through 44-412 and amendments thereto:

      (a)   "Applicant" means any person who uses or attempts to use the servicesof a private employment agency in seeking employment.

      (b)   "Employer" means a person employing or seeking to employ a personfor compensation, or any representative or employee of such a person.

      (c)   "Fee" means anything of value, including money or other valuableconsideration or services or the promise of any of the foregoing, requiredor received by a private employment agency in payment for any of its servicesor any act rendered or to be rendered by the private employment agency.

      (d)   "Person" means any individual, association, partnership or corporation.

      (e) (1)   "Private employment agency" means any business which is operatedfor profit in this state and which:

      (A)   Secures employment; or

      (B)   by any form of advertising holds itself out to applicants as ableto secure employment or to provide information or service of any kindpurporting to promote, lead to or result in employment for the applicant withany employer other than itself.

      (2)   "Private employment agency" does not include:

      (A)   Any educational, religious, charitable, fraternal or benevolentorganization which charges no fee for services rendered in securing employmentor providing information about employment;

      (B)   any employment service operated bythe state, the United States or any political subdivision of the state,or any agency thereof;

      (C)   any temporary help service that at no time advertises or representsthat its employee may, with the approval of the temporary help service,be employed by one of its client companies on a permanent basis;

      (D)   any newspaper or publication of general circulation;

      (E)   any radio or television station; or

      (F)   any employment service where the fee is paid by the employer.

      History:   L. 1911, ch. 187, § 1; R.S. 1923, 44-401; L. 1971, ch.178, § 1; L. 1976, ch. 370, § 9; L. 1984, ch. 180, § 1;L. 1995, ch. 235, § 1;L. 1996, ch. 218, § 1; July 1.