Bill Index

The Good

Senate Bill 285 - Worker misclassification is a very real problem in Kansas. The Department of   Labor found more than 1800 workers were misclassified in Kansas in 2010, alone and some $10 million in wages was subject to withholding taxes. Senate Bill 285 is a modest tool to discourage the practice of worker misclassification and hold accountable those who want only break the law.

Senate Bill 296 – 21st Century job training post secondary education tuition tax credit. This bill will target middle-class Kansans struggling to pay for needed job training by offer students enrolled in a post-secondary education course and individual income tax credit mirroring federal education tax credits.

Senate Bill 318 & House Bill 2463- “Hire Kansans First” - Companies that have been granted a state contract worth $100,000 or more annually must ensure at least 70% of their contract employees are Kansas residents. (Certain exclusions apply). Companies seeking benefits under certain tax incentive programs must also employ at least a 70% Kansas workforce.

Senate Bill 284 & House Bill 2026- Kansas Immigration Accountability Act, E Verify - All state agencies, departments, boards, commissions, counties, municipalities, and public works contractors must verify the status of employees using the federal E-Verify system. If a court finds that a business knowingly employed someone not authorized to work, the state may terminate the contract and bar the company from doing business with the state for three years (upon the first violation).  Upon the second violation, the state may permanently ban the company from doing business with the state.

Senate Bill 286 – Prohibits job discrimination based on credit history. Employers will be prohibited from using an applicant’s credit history to make employment-related decisions. Positions that require an employee to have regular access to personal or financial information, such as managers, will be excluded from these restrictions.

Senate Bill 295 – Prohibits job discrimination based on employment history. Employers, employment agencies, and labor organizations will be prohibited from discriminating against a currently unemployed person in job advertisements. Refusing to hire an applicant based solely upon their unemployment status or a gap in employment history will also be banned. (Certain exceptions apply).

Senate Bill 268 & House Bill 2450 – Kansas small and disadvantaged business development act. A business program will be created within the Kansas Department of Commerce to help level the playing field for all business owners, no matter their race, sex or size of their company. The program’s primary focus will be on reaching out to small,  minority-owned and/or women-owned businesses to give them an opportunity to participate in state and post-secondary education institution contracts for goods and service.

Senate Bill 323 & House Bill 2514 – 21st Century job training apprenticeship rebate to employers. This bill would help Kansas businesses obtain skilled workers by offering non-refundable tax credits to companies that sponsor apprenticeship programs (either joint or non-joint).  Sponsoring companies would be eligible for up to $1,000 per apprentice per year, for up to four years.  The apprentice must be employed for at least 7 months during the year. 

The Bad & Ugly

House Bill 2130 – This bill is a holdover from last session which prohibits the use of voluntary union dues deductions for political activities. The bill effectively silences the voice of working Kansans in the political process.

House Bill 2581 – Wage deductions; prohibiting deductions for political contributions. This is a different way to get to the same result of 2130 (Paycheck Deception.) Whereas 2130 was a prohibition on how deducted money could be spent, this bill is a prohibition of the deduction itself. There is no language in the bill limiting this prohibition to labor or teachers or anybody for that matter. It appears to apply to all Kansas employers. Not sure how PACs not otherwise subject to 25-4143 would be treated. Federal PACs for example.

House Bill 2592 – This bill was introduced by Marvin Kleeb. The bill prohibits any unit of local government from enacting local ordinances, programs or Economic Development projects that require the employer to pay prevailing wages or anything more than minimum wage or offer any paid leave or benefits other than those required by state or federal law.

House Bill 2531 - This bill makes changes to the selection process for Workers Comp Appeals Board judges and Employment Review Board members (Employment Review Board hears unemployment compensation appeals). Currently, members of these boards are nominated by a two-member committee representing both labor and industry. The process is balanced and has worked well since 1993. HB 2531 changes this process to establish a 7-member commission heavily stacked towards business interests  The bill doesn’t even have the appearance of being fair.

House Bill 2638 – this bill was introduced by the Department of Labor.  In short, the bill includes provisions that deal with lump sum payments or severance pay in the calculation of UI benefits. Under the bill an employee who separates with a lump sum payment for accrued sick or annual leave for example would have their UI benefits delayed as a result. The bill also abolishes the Employment Security Advisory Council which was created to advise the Secretary on changes to Employment Security Law and gave labor a seat at the table when changes, such as the one detailed in this bill, were brought forward.

Senate Bill 355 - This bill was also introduced by the Secretary of Labor. It deletes language in the Wage Payment Act that requires the Secretary to appeal a wage payment decision on behalf of an employee if the wage payment was under 10K.  This will unnecessarily force workers who have been denied wages to obtain their own representation or go through the process on their own if they want to appeal a decision. It also deletes language that allows the Department’s Division of Industrial Safety and Health to inspect private company worksites for safety and health hazards. 

Senate Bill 352 - This bill makes changes to the Employment Security Law which governs the unemployment compensation system.  The bill was introduced Karin Brownlee. It  would make dramatic changes to the definition of “misconduct” when determining the eligibility of unemployment compensation. The bill will shift the entire burden of proof from the employer to the employee, effectively making workers ineligible for unemployment compensation unless they were part of a direct lay off.

House Bill 2627 – Certain deductions from wages authorized. Amends the same statute as HB2581 so at the very least is a vehicle for another run at paycheck deception. Current language limits employer withdrawals to those already in statute (taxes, health insurance, retirement) and includes repayment of loans or advances, recovery of overpayment, purchases (including uniforms I suppose required by employment), and most troubling “breakage, loss or return of merchandise, inventory shortage or cash shortage caused by the employee where the employee was the sole party responsible for the loss when the damage or loss occurred.” Very broad statement, without definition on “cause”, etc.

House Bill 2558 – currently if a party in a work comp case believes the ALJ is biased they can appeal to District Court and ask for a recusal. This bill requires them to appeal to the Director of Work Comp – a political appointee – to make that request. No reason to make this change. Amendment in committee may be coming to replace District Court with Court of Appeals. Whole new set of issues with Court of Appeals (filings, timeline, etc) that make it less expedient and practical than the status quo.

House Bill 2515 – This bill is known as the Competitive Bid Protection Act and was introduced by Rep. Marvin Kleeb of Johnson County. The bill states that any governmental entity or construction manager acting on behalf of the governmental entity shall not require in its bid docs, specifications or project agreements any bidder, contractor, sub-contractor or material supplier to enter into any prehire agreement, PLA or CBA with one or more labor organization on the same or other related projects. Note that no governments are currently using PLAs, so this is a presumptive attack ensuring none ever will be able to require one. Amendment added in Committee states that nothing in bill shall prohibit bidder from entering into a PLA.