Terms Used In Kansas Statutes > Chapter 44 > Article 7 - Employment Security Law

• Abuse: means :

  (1) Causing or attempting to cause physical harm;

  (2) placing another person in fear of imminent physical harm;

  (3) causing another person to engage involuntarily in sexual relations by force, threats or duress, or threatening to do so;

  (4) engaging in mental abuse, which includes threats, intimidation and acts designed to induce terror;

  (5) depriving another person of health care, housing, food or other necessities of life; or

  (6) restraining the liberty of another. See Kansas Statutes 44-761

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agricultural labor: means any remunerated service:

  (A) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife. See Kansas Statutes 44-703

• alternative base period: means the last four completed quarters immediately preceding the date the qualifying injury occurred. See Kansas Statutes 44-703
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• American aircraft: means any vessel or aircraft documented or numbered or otherwise registered under the laws of the United States; and any vessel or aircraft that is neither documented or numbered or otherwise registered under the laws of the United States nor documented under the laws of any foreign country, if its crew performs service solely for one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any state. See Kansas Statutes 44-703
• Annual payroll: means the total amount of wages paid or payable by an employer during the calendar year. See Kansas Statutes 44-703
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved training: means any vocational training course or course in basic education skills, including a job training program authorized under the federal workforce investment act of 1998, approved by the secretary or a person or persons designated by the secretary. See Kansas Statutes 44-703
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Average annual payroll: means the average of the annual payrolls of any employer for the last three calendar years immediately preceding the computation date as hereinafter defined if the employer has been continuously subject to contributions during those three calendar years and has paid some wages for employment during each of such years. See Kansas Statutes 44-703
• Balanced budget: A budget in which receipts equal outlays.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• base period: includes the alternative base period. See Kansas Statutes 44-703
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefit cost payments: means payments made to the employment security fund by a governmental entity electing to become a rated governmental employer. See Kansas Statutes 44-703
• Benefits: means the money payments payable to an individual, as provided in this act, with respect to such individual's unemployment. See Kansas Statutes 44-703
• Calendar quarter: means the period of three consecutive calendar months ending March 31, June 30, September 30 or December 31, or the equivalent thereof as the secretary may by rules and regulations prescribe. See Kansas Statutes 44-703
• Chambers: A judge's office.
• Client lessee: means any individual, organization, partnership, corporation or other legal entity leasing employees from a lessor employing unit. See Kansas Statutes 44-703
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contributing employer: means any employer other than a reimbursing employer or rated governmental employer. See Kansas Statutes 44-703
• Contributions: means the money payments to the state employment security fund that are required to be made by employers on account of employment under Kan. See Kansas Statutes 44-703
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• crew leader: means an individual who:

  (i) Furnishes individuals to perform services in agricultural labor for any other person;

  (ii) pays, either on such individual's own behalf or on behalf of such other person, the individuals so furnished by such individual for the services in agricultural labor performed by them; and

  (iii) has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person. See Kansas Statutes 44-703

• Dependent: A person dependent for support upon another.
• direct seller: means any person if:

  (i) Such person:

  (a) Is engaged in the trade or business of selling or soliciting the sale of consumer products to any buyer on a buy-sell basis or a deposit-commission basis for resale, by the buyer or any other person, in the home or otherwise rather than in a permanent retail establishment; or

  (b) is engaged in the trade or business of selling or soliciting the sale of consumer products in the home or otherwise than in a permanent retail establishment;

  (ii) substantially all the remuneration whether or not paid in cash for the performance of the services described in subparagraph (i) is directly related to sales or other output including the performance of services rather than to the number of hours worked;

  (iii) the services performed by the person are performed pursuant to a written contract between such person and the person for whom the services are performed and such contract provides that the person will not be treated as an employee for federal and state tax purposes;

  (iv) for purposes of this act, a sale or a sale resulting exclusively from a solicitation made by telephone, mail, or other telecommunications method, or other nonpersonal method does not satisfy the requirements of this subsection;

  (W) services performed as an election official or election worker, if the amount of remuneration received by the individual during the calendar year for services as an election official or election worker is less than $1,000;

  (X) services performed by agricultural workers who are aliens admitted to the United States to perform labor pursuant to section 1101(a)(15)(H)(ii)(a) of the immigration and nationality act;

  (Y) services performed by an owner-operator of a motor vehicle that is leased or contracted to a licensed motor carrier with the services of a driver and is not treated under the terms of the lease agreement or contract with the licensed motor carrier as an employee for purposes of the federal insurance contribution act, 26 U. See Kansas Statutes 44-703

• Docket: A log containing brief entries of court proceedings.
• Domestic service: means any services for a person in the operation and maintenance of a private household, local college club or local chapter of a college fraternity or sorority, as distinguished from service as an employee in the pursuit of an employer's trade, occupation, profession, enterprise or vocation. See Kansas Statutes 44-703
• Domestic violence: means abuse committed against an employee or an employee's spouse or dependent child by:

  (1) A current or former spouse of the employee;

  (2) a person with whom the employee shares parentage of a child in common;

  (3) a person who is cohabitating with, or has cohabitated with, the employee;

  (4) a person who is related by blood or marriage; or

  (5) a person with whom the employee has or had a dating or engagement relationship. See Kansas Statutes 44-761

• Educational institution: means any institution of higher education, as defined in subsection (u), or any institution, except private for profit institutions, in which participants, trainees or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes or abilities from, by or under the guidance of an instructor or teacher and that is approved, licensed or issued a permit to operate as a school by the state department of education or other government agency that is authorized within the state to approve, license or issue a permit for the operation of a school or to an Indian tribe in the operation of an educational institution. See Kansas Statutes 44-703
• Employer: means :

  (1) (A) Any employing unit for which agricultural labor as defined in subsection (w) is performed and during any calendar quarter in either the current or preceding calendar year paid remuneration in cash of $20,000 or more to individuals employed in agricultural labor or for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor 10 or more individuals, regardless of whether they were employed at the same moment of time. See Kansas Statutes 44-703

• Employing unit: means any individual or type of organization, including any partnership, association, limited liability company, agency or department of the state of Kansas and political subdivisions thereof, trust, estate, joint-stock company, insurance company or corporation, whether domestic or foreign including nonprofit corporations, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representatives of a deceased person, that has in its employ one or more individuals performing services for it within this state. See Kansas Statutes 44-703
• employment: includes services described in paragraphs (i) and (ii) above only if:

  (a) The contract of service contemplates that substantially all of the services are to be performed personally by such individual;

  (b) the individual does not have a substantial investment in facilities used in connection with the performance of the services, other than in facilities for transportation; and

  (c) the services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed. See Kansas Statutes 44-703

• Employment office: means any office operated by this state and maintained by the secretary of labor for the purpose of assisting persons to become employed. See Kansas Statutes 44-703
• Employment security administration fund: means the fund established by this act, from which administrative expenses under this act shall be paid. See Kansas Statutes 44-703
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• extra: means an individual who pantomimes in the background, adds atmosphere to the set and performs such actions without speaking and "employer" shall not include any employer that is a governmental entity or any employer described in section 501(c)(3) of the federal internal revenue code of 1986 that is exempt from income taxation under section 501(a) of the code;

  (S) services performed by an oil and gas contract pumper. See Kansas Statutes 44-703

• farm: includes stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses, or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. See Kansas Statutes 44-703
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Fraud Alert: A key provision of the Fair and Accurate Credit Transactions Act of 2003 is the consumer's ability to place a fraud alert on their credit record. A consumer would use this option if they believe they were a victim of identity theft. ^{Source: OCC}
• Fund: means the employment security fund established by this act, to which all contributions and reimbursement payments required and from which all benefits provided under this act shall be paid and including all money received from the federal government as reimbursements pursuant to section 204 of the federal-state extended compensation act of 1970, and amendments thereto. See Kansas Statutes 44-703
• Incapacitated person: means an individual whose ability to receive and evaluate relevant information, or to effectively communicate decisions, or both, even with the use of assistive technologies or other supports, is impaired to the degree that the person lacks the capacity to manage the person's estate, or to meet essential needs for the person's physical health, safety or welfare, as defined in Kan. See Kansas Statutes 77-201
• Insured work: means employment for employers. See Kansas Statutes 44-703
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Lessor employing unit: means any independently established business entity that engages in the business of providing leased employees to a client lessee. See Kansas Statutes 44-703
• Lien: A claim against real or personal property in satisfaction of a debt.
• minerals: includes oil, natural gas or petroleum. See Kansas Statutes 44-703
• Minor: means any person defined by Kan. See Kansas Statutes 77-201
• Minority leader: See Floor Leaders
• Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Motor vehicle: means any automobile, truck-trailer, semitrailer, tractor, motor bus or any other self-propelled or motor-driven vehicle used upon any of the public highways of Kansas for the purpose of transporting persons or property; (ii) "licensed motor carrier" means any person, firm, corporation or other business entity that holds a certificate of convenience and necessity or a certificate of public service from the state corporation commission or is required to register motor carrier equipment pursuant to 49 U. See Kansas Statutes 44-703
• nonqualified deferred compensation plan: means any plan or other arrangement for deferral of compensation other than a plan described in subsection (o)(4). See Kansas Statutes 44-703
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• oil and gas contract pumper: means a person performing pumping and other services on one or more oil or gas leases, or on both oil and gas leases, relating to the operation and maintenance of such oil and gas leases, on a contractual basis for the operators of such oil and gas leases and "services" shall not include services performed for a governmental entity or any organization described in section 501(c)(3) of the federal internal revenue code of 1986 that is exempt from income taxation under section 501(a) of the code;

  (T) service not in the course of the employer's trade or business performed in any calendar quarter by an employee, unless the cash remuneration paid for such service is $200 or more and such service is performed by an individual who is regularly employed by such employer to perform such service. See Kansas Statutes 44-703

• owner-operator: means a person, firm, corporation or other business entity that is the owner of a single motor vehicle that is driven exclusively by the owner under a lease agreement or contract with a licensed motor carrier; and

  (Z) services performed by a petroleum landman on a contractual basis. See Kansas Statutes 44-703

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• pay period: means a period, of not more than 31 consecutive days, for which a payment of remuneration is ordinarily made to the individual by the person employing such individual. See Kansas Statutes 44-703
• Payments in lieu of contributions: means the money payments to the state employment security fund from employers that are required to make or that elect to make such payments under Kan. See Kansas Statutes 44-703
• petroleum landman: means an individual performing services on a contractual basis who is not an individual who is an active officer of a corporation as described in subsection (i)(1)(A) that may include:

  (i) Negotiating for the acquisition or divestiture of mineral rights;

  (ii) negotiating business agreements that provide exploration for or development of minerals;

  (iii) determining ownership in minerals through the research of public and private records;

  (iv) reviewing the status of title, curing title defects, providing title due diligence and otherwise reducing title risk associated with ownership in minerals or the acquisition and divestiture of mineral properties;

  (v) managing rights or obligations derived from ownership of interests in minerals; or

  (vi) unitizing or pooling of interests in minerals. See Kansas Statutes 44-703

• Predecessor employer: means an employer, as described in subsection (h), who has previously operated a business or portion of a business with employment to which another employer has succeeded. See Kansas Statutes 44-703
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Property: includes personal and real property. See Kansas Statutes 77-201
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• qualified real estate agent: means any individual who is licensed by the Kansas real estate commission as a salesperson under the real estate brokers' and salespersons' license act and for whom:

  (i) Substantially all of the remuneration, whether or not paid in cash, for the services performed by such individual as a real estate salesperson is directly related to sales or other output, including the performance of services, rather than to the number of hours worked; and

  (ii) the services performed by the individual are performed pursuant to a written contract between such individual and the person for whom the services are performed and such contract provides that the individual will not be treated as an employee with respect to such services for state tax purposes;

  (R) services performed for an employer by an extra in connection with any phase of motion picture or television production or television commercials for less than 14 days during any calendar year. See Kansas Statutes 44-703

• Qualifying injury: means a personal injury by accident arising out of and in the course of employment within the coverage of the Kansas workers compensation act, Kan. See Kansas Statutes 44-703
• Quorum: The number of legislators that must be present to do business.
• Rated governmental employer: means any governmental entity that elects to make payments as provided by Kan. See Kansas Statutes 44-703
• Recess: A temporary interruption of the legislative business.
• Regular benefits: means benefits payable to an individual under this act or under any other state law, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U. See Kansas Statutes 44-703
• Reimbursing employer: means any employer who makes payments in lieu of contributions to the employment security fund as provided in Kan. See Kansas Statutes 44-703
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
• seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. See Kansas Statutes 77-201
• secretary: means the secretary of labor. See Kansas Statutes 44-703
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State: includes , in addition to the states of the United States of America, any dependency of the United States, the Commonwealth of Puerto Rico, the District of Columbia and the Virgin Islands. See Kansas Statutes 44-703
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Successor employer: means any employer, as described in subsection (h), that acquires or in any manner succeeds to: (1) Substantially all of the employing enterprises, organization, trade or business of another employer; or (2) substantially all the assets of another employer. See Kansas Statutes 44-703
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Total wages: means the total amount of wages paid or payable by an employer during the calendar year, including that part of remuneration in excess of the limitation prescribed as provided in subsection (o)(1). See Kansas Statutes 44-703
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• usual place of abode: when applied to the service of any process or notice, means the place usually occupied by a person. See Kansas Statutes 77-201
• Wages: means all compensation for services, including commissions, bonuses, back pay and the cash value of all remuneration, including benefits, paid in any medium other than cash. See Kansas Statutes 44-703
• Week: means such period or periods of seven consecutive calendar days, as the secretary may by rules and regulations prescribe. See Kansas Statutes 44-703
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.