3BSE002348R1 SB511模块备件

关于公共雇员和专业雇员的法案
组织；与会费有关的；开始和停止
扣缴会费；程序向员工提供某些权利；
修订K.S.A.44-319、72-2219、72-2241、75-4324、75-4397和75-
5501和废除现有条款。
由堪萨斯州立法机关颁布：
1节。 K、 S.A.44-319特此修订如下：44-
319.（a）除非（b）和（c）款另有规定，否则雇主不得
扣留、扣除或转移员工工资的任何部分，除非：
（1） 国家要求或授权雇主这样做，或
联邦法律；
（2） 扣除额用于医疗、外科或医院护理或服务，
没有给雇主带来经济利益，并且公开、明确和
业主账簿中记录的适当时间；
（3） 雇主有雇员签署的授权书：
为雇员的利益而进行的合法扣除；或
（4） 扣减额用于自动支付的缴款
按照K.S.A.44-319a及其修正案的定义，在A
401（k）节所述雇主制定的退休计划，
《国内税收法》403（b）、408、408A或457条。
(二) 根据（e）款的规定，根据
雇主和雇员之间的书面协议，雇主可以
扣留、扣除或转移员工工资的任何部分
以下目的：
(1) 允许员工偿还贷款或预付款
雇主在工作期间和工作范围内向雇员作出的
就业；
(2) 允许收回多支付的工资；和
(3) 补偿雇主的重置成本或未支付
雇主购买的商品或制服的成本余额
由雇员提供。
(三) 根据（e）款的规定，在提供
书面通知和解释，雇主可扣留、扣除或
将员工终工资的任何部分用于以下目的：
(1) 收回雇主在以下情况下提供给雇员的财产：
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SB 511 2
业主的业务过程，包括但不限于：
行业或专业、个人安全设备、计算机、电子
设备、移动电话、专有信息，如客户或客户
清单和知识产权、安全信息、钥匙或门禁卡或
材料，直到该财产由员工归还给
雇主。归还业主财产后，业主应：
将扣留的工资退还给员工；
(2) 允许员工偿还贷款或预付款
雇主在工作期间和工作范围内向雇员作出的
就业；
(3) 允许收回多支付的工资；或
(4) 补偿雇主的重置成本或未支付
业主商品、制服、公司成本余额
故意使用的财产、设备、工具或其他材料
由员工购买。
(d) 本节中的任何内容均不得解释为禁止：
预扣员工书面授权的金额：
员工向慈善组织捐款；这也不会
节禁止通过核对向劳工组织或
法律未另行禁止的服务费。扣除
向专业雇员组织和公共雇员支付的款项
组织应遵守K.S.A.72-2219和75的规定-
4324及其修正案。
（e） 根据本节扣留的金额不得减少支付的工资
低于联邦公平劳动标准要求的低工资
《美国法典》29章201条及以下内容。，或规定的低工资
K、 S.A.44-1203及其修正案，以适用者为准。
2节。 K、 S.A.72-2219特此修订如下：72-
2219.（a）专业雇员有权组建、加入或协助
专业员工组织，参与专业
通过自己的代表与教育委员会进行谈判
为建立、维护、保护或
改善专业服务的条款和条件。职业的
员工还应有权避免以下任何或所有行为：
上述活动。在本法案下的专业谈判中，董事会：
教育可由其指定的代理人或委员会代表。
(二) 专业员工有权立即停止：
专业雇员组织会费的预扣
在向以下人员提交书面或电子邮件请求后的任何时间支付工资：
他们的教育委员会。在收到书面或电子邮件请求后
教育委员会应立即提供书面或电子邮件：
通知员工的AN ACT concerning public employee and professional employees'
organizations; relating to dues; commencement and cessation of
withholding of dues; procedure; providing certain rights to employees;
amending K.S.A. 44-319, 72-2219, 72-2241, 75-4324, 75-4327 and 75-
5501 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 44-319 is hereby amended to read as follows: 44-
319. (a) Except as provided in subsections (b) and (c), no employer may
withhold, deduct or divert any portion of an employee's wages unless:
(1) The employer is required or empowered to do so by state or
federal law;
(2) the deductions are for medical, surgical or hospital care or service,
without financial benefit to the employer, and are openly, clearly and in
due course recorded in the employer's books;
(3) the employer has a signed authorization by the employee for
deductions for a lawful purpose accruing to the benefit of the employee; or
(4) the deductions are for contributions attributable to automatic
enrollment, as defined in K.S.A. 44-319a, and amendments thereto, in a
retirement plan established by the employer described in sections 401(k),
403(b), 408, 408A or 457 of the internal revenue code.
(b) Subject to the provisions of subsection (e), pursuant to a signed
written agreement between the employer and employee, an employer may
withhold, deduct or divert any portion of an employee's wages for the
following purposes:
(1) To allow the employee to repay a loan or advance which that the
employer made to the employee during the course of and within the scope
of employment;
(2) to allow for recovery of payroll overpayment; and
(3) to compensate the employer for the replacement cost or unpaid
balance of the cost of the employer's merchandise or uniforms purchased
by the employee.
(c) Subject to the provisions of subsection (e), upon providing a
written notice and explanation, an employer may withhold, deduct or
divert any portion of an employee's final wages for the following purposes:
(1) To recover the employer's property provided to the employee in
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SB 511 2
the course of the employer's business including, but not limited to, tools of
the trade or profession, personal safety equipment, computers, electronic
devices, mobile phones, proprietary information such as client or customer
lists and intellectual property, security information, keys or access cards or
materials until such time as such property is returned by the employee to
the employer. Upon return of the employer's property, the employer shall
relinquish the wages withheld to the employee;
(2) to allow an employee to repay a loan or advance which the
employer made to the employee during the course of and within the scope
of employment;
(3) to allow for the recovery of payroll overpayment; or
(4) to compensate the employer for the replacement cost or unpaid
balance of the cost of the employer's merchandise, uniforms, company
property, equipment, tools of the trade or other materials intentionally
purchased by the employee.
(d) Nothing in this section shall be construed as prohibiting the
withholding of amounts authorized in writing by the employee to be
contributed by the employee to charitable organizations; nor shall this
section prohibit deductions by check-off of dues to labor organizations or
service fees, where such is not otherwise prohibited by law. Deductions of
dues to professional employees' organizations and to public employee
organizations shall be subject to the provisions of K.S.A. 72-2219 and 75-
4324, and amendments thereto.
(e) Amounts withheld under this section shall not reduce wages paid
to below the minimum wage required under the federal fair labor standards
act, 29 U.S.C.A. § 201 et seq., or the minimum wage required under
K.S.A. 44-1203, and amendments thereto, whichever is applicable.
Sec. 2. K.S.A. 72-2219 is hereby amended to read as follows: 72-
2219. (a) Professional employees shall have the right to form, join or assist
professional employees' organizations, to participate in professional
negotiation with boards of education through representatives of their own
choosing for the purpose of establishing, maintaining, protecting or
improving terms and conditions of professional service. Professional
employees shall also have the right to refrain from any or all of the
foregoing activities. In professional negotiations under this act the board of
education may be represented by an agent or committee designated by it.
(b) Professional employees shall have the right to immediately cease
the withholding of professional employees' organization dues from their
wages at any time upon the submission of a written or emailed request to
their board of education. Upon receipt of a written or emailed request, the
board of education shall immediately provide written or emailed
notification of the employee's decision to the professional employees'
organization and shall cease any withholding of dues for the professional
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SB 511 3
employees' organization from the employee's wages, and no further debt to
the professional employees' organization shall accrue. The right to
immediately resign from and immediately end any financial obligation to a
professional employees' organization shall not be waived. Boards of
education shall notify their professional employees of their right to cease
payment of professional employees' organization dues and to withdraw
from a professional employees' organization by providing, at least
annually, written notification in the authorization for withholding form as
provided in subsection (d).
(c) Authorization by a professional employee for the withholding of
professional employees' organization dues shall not exceed one year in
duration and shall be subject to annual renewal.
(d) (1) Authorization for withholding shall be on a form approved by
the secretary of labor and shall contain a statement in 14-point boldface
font reading:
"I am aware that I have a First Amendment right, as recognized by the
United States Supreme Court, to refrain from joining and paying dues to a
labor union (professional employees' organization). I further realize that
membership and payment of dues are voluntary and that I may not be
discriminated against for my refusal to join or financially support a union.
I hereby waive my First Amendment right to refrain from union
membership and dues payments and authorize my employer to deduct
union dues from my salary in the amounts specified in accordance with my
professional employees' organization's bylaws. I understand that I may
revoke this authorization at any time."
(2) The authorization for withholding form shall include the
professional employee's full name, position, professional employees'
organization and signature and shall be submitted to the board of
education employing such professional employee. After receiving the
authorization for withholding form, the employer shall confirm the
authorization by emailing the professional employee at the employee's
employer-provided work email address and shall wait for confirmation of
the authorization before starting any deduction. If the employee does not
possess an employer-provided work email address, the employer may use
other means it deems appropriate to confirm the authorization.
Sec. 3. K.S.A. 72-2241 is hereby amended to read as follows: 72-
2241. (a) The board of education of any school district or the board of
trustees of any community college may provide by resolution for
deductions for specified purposes from the compensation paid to its
employees. Any such resolution shall provide for written authorization
from each employee, in specific terms as to the amount, subject to the
provisions of subsection (b), purpose and disposition of any amounts so
deducted. Deductions for taxes and other amounts required by law to be