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Kansas Decision Highlights The Perils Of Overreach In Restrictive Covenant Agreements

In a recent decision examining Kansas non-compete law, the United States District Court for the District of Kansas partially granted a company’s motion to enjoin its former employee’s violations of the non-compete and customer non-solicitation provisions of his employment agreement.

Refusal to Submit to Drug Testing Requires Evidence of Intent, in Kansas Workers’ Compensation Case

An appellate court in Kansas ruled that an insufficient urine specimen, without evidence of intent to thwart the drug test, is not a refusal to submit to a test for purposes of the Workers’ Compensation Act. Byers v. Acme Foundry, 2017 Kan. App. LEXIS 12 (KS. Court of Appeals January 27, 2017).

Kansas Indoor Clean Air Act Goes Into Effect July 1, 2010.

The Kansas Indoor Clean Air Act prohibits smoking in the enclosed areas of any public place or place of employment (including restaurants and bars). The only indoor places in the state where smoking is allowed are: 1) tobacco shops that derive at least 65% of their gross receipts from the sale of tobacco; 2) gaming floors of lottery gaming facilities or racetrack gaming facilities; 3) up to 20% of a hotel or motel's sleeping rooms; 4) designated indoor areas of private outdoor recreational clubs (i.e. golf clubs, hunting clubs) where minors are prohibited; 5) private homes or residences not used as a day care home; 6) designated smoking areas of adult care homes and long-term care facilities; and 7) class A and B private clubs licensed by the state of Kansas before January 1, 2009, that notify the Secretary of the Kansas Department of Health and Environment by September 28, 2010, of their intent to allow smoking.