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44-608. Orders affecting hours, ways and conditions of employment; modification. The secretary of labor shall order such changes, if any, as are necessary to be made in and about the conduct of such industry, employment, utility or common carrier, in the matters of working and living conditions, hours of labor, rules and practices, and a reasonable minimum wage, or standard of wages, to conform to the findings of the secretary of labor in such matters, as provided in this act, and such orders shall be served at the same time and in the same manner as provided for the service of the secretary's findings in this act. All such terms, conditions and wages shall be just and reasonable and such as to enable such industries, employments, utilities or common carriers to continue with reasonable efficiency to produce or transport their products or continue their operations and thus to promote the general welfare.

Service of such order shall be made in the same manner as service of notice of any hearing before the secretary of labor as provided by this act. Such terms, conditions, rules, practices, wages, or standard of wages, so fixed and determined by the secretary of labor and stated in the order, shall continue for such reasonable time as may be fixed by the secretary of labor, or until changed by agreement of the parties with the approval of the secretary of labor.

If either party to such controversy shall in good faith comply with any order of the secretary of labor for a period of 60 days or more, and shall find the order unjust, unreasonable or impracticable, the party may apply to the secretary of labor for a modification thereof and the secretary of labor shall hear and determine the application and make findings and orders in like manner and with like effect as originally. In such case the evidence taken and submitted in the original hearing may be considered.

History: L. 1920, ch. 29, § 8; R.S. 1923, 44-608; L. 1976, ch. 370, § 27; L. 2004, ch. 179, § 26; July 1.

CASE ANNOTATIONS

1. Police power invoked to prevent interruption in producing vital commodity. The State, ex rel., v. Howat, 107 Kan. 423, 427, 191 P. 585.

2. Section requires that orders be just and reasonable. The State, ex rel., v. Howat, 109 Kan. 376, 393, 198 P. 686.

3. Industrial court may make temporary order increasing wage. Court of Industrial Relations v. Packing Co., 111 Kan. 501, 506, 207 P. 806. Reversed: Wolff Packing Co. v. Court of Industrial Relations, 262 U.S. 522, 43 S. Ct. 630, 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. 630, 67 L.Ed. 1103.

5. When business clothed with public interest discussed. Wolff Packing Co. v. Court of Industrial Relations, 262 U.S. 522, 43 S. Ct. 630, 67 L.Ed. 1103.

6. Orders regulating fixing of wages stricken from judgment of court. Court of Industrial Relations v. Packing Co., 114 Kan. 304, 219 P. 259, 260. Modified: 114 Kan. 487, 227 P. 249. Reversed: Wolff Packing Co. v. Industrial Court, 267 U.S. 552, 45 S. Ct. 441, 69 L.Ed. 785.

7. Order fixing wages for overtime concerns working conditions and is legal. Court of Industrial Relations v. Packing Co., 114 Kan. 487, 489, 227 P. 249, 250. Reversed: Wolff Packing Co. v. Indus. Court, 267 U.S. 552, 45 S. Ct. 441, 69 L.Ed. 785.

8. Minimum-wage law for women, void as restricting contract rights. Topeka Laundry Co. v. Court of Industrial Relations, 119 Kan. 12, 15, 237 P. 1041.


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