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44-609. Rights and contracts of parties. It is hereby declared necessary for the promotion of the general welfare that workers engaged in any of the industries, employments, utilities or common carriers shall receive at all times a fair wage and have healthful and moral surroundings while engaged in such labor; and that capital invested therein shall receive at all times a fair rate of return to the owners thereof. The right of every person to make such person's own choice of employment and to make and carry out fair, just and reasonable contracts and agreements of employment, is hereby recognized. If, during the continuance of any such employment, the terms or conditions of any such contract or agreement hereafter entered into, are by the secretary of labor, in any action or proceeding properly before the secretary under the provisions of this act, found to be unfair, unjust or unreasonable, the secretary may by proper order so modify the terms and conditions thereof so that they will be and remain fair, just and reasonable and all such orders shall be enforced as in this act provided.

History: L. 1920, ch. 29, § 9; R.S. 1923, 44-609; L. 1976, ch. 370, § 28; L. 2004, ch. 179, § 27; July 1.

CASE ANNOTATIONS

1. Section does not authorize general revision of labor contracts. The State, ex rel., v. Howat, 109 Kan. 376, 415, 198 P. 686.

2. Regulation of industries affected with public interest; regulation of wages. Court of Industrial Relations v. Packing Co., 109 Kan. 629, 645, 201 P. 418.

3. Authority to fix scale of wages and hours of labor. Court of Industrial Relations v. Packing Co., 111 Kan. 501, 207 P. 806. Reversed: Wolff Packing Co. v. Court of Industrial Relations, 262 U.S. 522, 43 S. Ct. 430, 67 L.Ed. 1103.

4. Fixing wages, in business not clothed with public interest, unconstitutional. Wolff Packing Co. v. Court of Industrial Relations, 262 U.S. 522, 43 S. Ct. 430, 67 L.Ed. 1103.


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