44-341. Payment of commissions; definitions. As used in this act:
(a) "Commission salesperson" means a person who contracts with and is authorized by a principal to solicit within this state wholesale orders for that principal for merchandise to be shipped into this state or services to be performed within this state and who is compensated therefor by commission. Commission salesperson does not include a person who: (1) Places orders or purchases for the person's own account for resale; (2) is an employee subject to the provisions of K.S.A. 44-313 et seq., and amendments thereto; (3) is a person licensed under the real estate brokers' and salespersons' license act; or (4) is engaged in door-to-door sales regulated by K.S.A. 50-640, and amendments thereto.
(b) "Commissions earned through the last day of the contractual relationship" or "earned commissions" means commissions with respect to services or merchandise which actually has been delivered or furnished to, accepted by and paid for by the customer by the last day of the commission salesperson's contractual relationship.
(c) "Contractual relationship" means the relationship between a principal and a commission salesperson based on a contract between them providing for the commission salesperson to solicit and make sales within this state of merchandise to be shipped into or services to be performed within this state.
(d) "Principal" means any individual, partnership, association, joint stock company, trust, corporation or administrator or executor of the estate of a deceased individual, or the receiver, trustee or successor thereof, contracting with a commission salesperson to solicit and make sales within this state for merchandise to be shipped into this state or services to be performed within this state.
History: L. 1987, ch. 185, ยง 1; July 1.
Structure Kansas Statutes
Chapter 44 - Labor And Industries
Article 3 - Payment Of Compensation
44-312 Preference of wages of employees in insolvency.
44-314 Pay periods; payment methods.
44-315 Separation prior to payday; damages for willful non-payment.
44-316 Payment of undisputed wages; remedies retained.
44-317 Liability under subcontracts.
44-319 Withholding of wages, limitations on; deductions from wages, when allowed.
44-319a Automatic enrollment in an employee retirement plan; requirements.
44-320 Notification to employees.
44-322 Enforcement; hearings; powers of secretary; contempt.
44-322a Enforcement; hearing; action of secretary; judicial review.
44-323 Assessment of interest; who deemed employer.
44-327 Agreements with other states to collect wages and perform reciprocal services.
44-341 Payment of commissions; definitions.
44-342 Same; termination of contractual relationship; penalty and interest for nonpayment, when.
44-343 Same; payment of undisputed commissions; effect of acceptance.
44-344 Same; deceased salesperson.
44-345 Same; corporate employees; liability for violation.