Disclaimer: This article provides general information about Kansas law and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Understanding d/b/a vs. Legal Entity Name
When you file a lost wage claim under the Kansas Wage Payment Act, you must name the correct legal entity responsible for paying your wages. Many businesses operate under a “doing business as” (d/b/a) name. A d/b/a is a trade name, not a separate legal entity. Misnaming the defendant can delay service or even lead to dismissal of your claim if the Department of Labor or the court cannot identify the right party.
1. Confirm the Employer’s Legal Name
- Visit the Kansas Secretary of State Business Entity Search: sos.ks.gov.
- Enter the d/b/a name to retrieve the registered entity name (e.g., “XYZ Holdings LLC”).
- Note any registered trade names listed under that entity (e.g., “d/b/a ABC Logistics”).
2. Draft Your Claim Using Both Names
On your Kansas Department of Labor wage claim form (or in your court petition), list the employer as:
XYZ Holdings LLC, d/b/a ABC Logistics
This format links the trade name to the legal entity, ensuring proper service and identification.
3. File and Serve Your Claim Promptly
Under the Kansas Wage Payment Act (K.S.A. 44-313), you must file your wage claim within 90 days after wages become due. Follow these steps:
- Complete the Kansas Department of Labor Claim Form.
- Attach a copy of your entity search showing the legal name and d/b/a.
- Serve the claim on the legal entity at its registered office via certified mail or personal delivery.
- Keep proof of service and your filing receipt.
Hyperlink: K.S.A. 44-313.
4. Correcting a Misnamed Employer
If you already filed under the wrong name, Kansas law allows you to amend your pleading. Under Kansas Rule of Civil Procedure 15 (K.S.A. 60-215), the court or Department of Labor can permit you to correct a misnomer without dismissing your claim. To amend:
- File a Motion to Amend, stating the correct legal entity name and its d/b/a.
- Attach evidence from the Secretary of State database.
- Serve the amended claim on the correct entity.
Hyperlink: K.S.A. 60-215.
5. What to Expect After Filing
The Kansas Department of Labor will investigate your claim and schedule a hearing if needed. If you named the wrong party, expect a notice to cure the defect. You can amend at any stage before the hearing concludes. Once the correct entity receives proper service, the process proceeds without further delay.
Helpful Hints
- Double-check the entity type (LLC, Inc., Corp.) when searching the Secretary of State database.
- Use the full legal name first, followed by the d/b/a in your complaint header.
- Keep copies of all entity search results and proof of service for your records.
- File your claim well before the 90-day deadline to allow time for amendments.
- Consider consulting a Kansas employment law attorney if the employer resists service or the claim faces dismissal.