M E M O R A N D U M

TO:		The Mandatory Poster Agency, Inc.

FROM:	Rhonda R. Ames

DATE:		September 30, 2008

RE:		Kansas  

I have reviewed the posting requirements for Kansas and provide you with the following information:

POSTERS

There is a state of Kansas website that provides a list of the required posters.  The list of required posters if found at the following URL address: http://www.dol.ks.gov/es/html/posters_DBR.html

Equal Opportunity in Employment
The Equal Opportunity in Employment poster can be found at URL address:
http://www.khrc.net/pdf/ksemployposter.pdf
http://www.khrc.net/pdf/ksspan_poster.pdf (Spanish)
There are textual changes throughout the poster.  Therefore, please reprint it in its entirety.

Equal Opportunity in Accommodations
The Equal Opportunity in Accommodations poster can be found at URL address:
http://www.khrc.net/pdf/kspa_poster.pdf

There are textual changes throughout the poster.  Therefore, please reprint it in its entirety.

Equal Opportunity in Housing
The Equal Opportunity in Housing poster can be found at URL address:
http://www.khrc.net/pdf/kshousing_poster.pdf

The Kansas website listed above (http://www.dol.ks.gov/es/html/posters_DBR.html)  indicates under the title of “EEOC Poster” that “Equal Opportunity in Employment Poster is available from the Kansas Human Rights Commission.”  Upon going to the Human Rights Commission website, there are actually three posters, not just one: Equal Opportunity in Employment, Equal Opportunity in Accommodations, and Equal Opportunity in Housing.  
Currently, MPA does not have the Equal Opportunity in Housing poster.  I would recommend that MPA include the Equal Opportunity in Housing on its poster; particularly since it already has the Employment and Accommodations posters.

Child Labor
The Child Labor Law poster can be found at URL address:  http://www.dol.ks.gov/ES/html/clp.pdf

There is one minor textual change in the poster.  Under the title “Further, it shall be a violation of law . . .”, currently MPA has a reference to the Secretary of Human Resources.  Please replace the Secretary of Human Resources with “Secretary of Labor.”

At the bottom of the poster, please include the following address:

	Employment Standards
	Kansas Department of Labor
	401 SW Topeka Blvd
	Topeka, KS   66603-3182

	Telephone: 785-296-4062

Unemployment Insurance
The Unemployment Insurance poster can be found at URL address:
http://www.dol.ks.gov/ES/html/uip(Rev_09-07).pdf

There are textual changes throughout the poster.  Therefore, please reprint it in its entirety.

Additionally, upon reviewing the administrative rule that requires the poster to be posted, it also indicates that “the certificate of registration as an employer” also needs to be posted.  Therefore, I would suggest that an area be created at the bottom of the unemployment insurance area and read as follows:

Pursuant to Kansas Administration Regulation 50-3-1, each employer shall post the certificate of registration as an employer.

[Post Certificate of Registration here.]

Workers Compensation
The Workers’ Compensation poster can be found at URL address:
http://www.dol.ks.gov/WC/html/kwc40(Rev-03-08).pdf

There are textual changes throughout the poster.  Therefore, please reprint it in its entirety.

 FLYERS  

Equal Opportunity in Public Accommodations - There are a few slight textual changes.  Therefore, please revise the flyer language to read as follows:

“Every person, as defined herein, employer, employment agency and labor union subject to this act, shall keep posted in a conspicuous place or places on his premises a notice or notices . . . which shall set forth excerpts of this act . . .”

Equal Opportunity in Employment - The flyer language is correct as is.

Child Labor Law - Please revise the flyer language to read as follows:

“That every employer shall keep posted in a conspicuous place near the principal entrance, in any establishment where children under sixteen years of age are employed, permitted or suffered to work, a notice stating the maximum number of hours such child may be required, or permitted to work, on each day of the week, the hours of commencing and stopping work and the hours allowed for dinner or other meals.”

Unemployment Insurance - Please revise the flyer to read as follows:

Unemployment Insurance (KS Administration Regulation 50-3-1)
“Each employer shall post and maintain an unemployment insurance benefit poster . . .”

Workers’ Compensation - The flyer language is correct as is.

Also Included:

Please include a section entitled “Also Included” and list the Equal Opportunity in Housing.

CONSENT JUDGMENT

	Mandatory Poster entered into a Consent Judgment with the State of Kansas on July 13, 2006.  It was agreed in the Consent Judgment that Mandatory violated the Kansas Consumer Protection Act by assuming a fictitious name (“The Kansas Labor Law Poster Service”) in a manner suggesting that the business was located in Kansas.  Further, due to the fact that there was no physical presence in the state, that Mandatory failed to make the necessary disclosures as required under Kansas statutue 50-626(b)(12).

	Under Kansas statute 50-626(b)(12), if Mandatory wants to continue using the name of “The Kansas Labor Law Poster Service” then it has to disclose in the flyer the complete street and city address of the location from which the business is actually conducted, and if located outside of Kansas, the state in which the business is located.

	I find that Mandatory’s flyer contains the following language, which I find to be in compliance with the Kansas statute:

“All posters are shipped from our corporate office at 6323 W. Saginaw, Suite E, Lansing, Michigan 48917.”

	Therefore, I do not find that Mandatory needs to do anything more to be in compliance with the Consent Judgment.