Suits for restraint of violations of section 3 [K.S.A. 1970 Supp. 44-1103] of the act will not be maintained by the labor commissioner unless the commissioner has determined that a practice exists in an establishment of discrimination affecting a group of employees as a class. The commissioner will not bring an action in behalf of an individual, unless he has reason to believe a previous settlement agreement is being violated. In this event the commissioner may petition as provided in section 5 [K.S.A. 1970 Supp. 44-1105]. Therefore, individual complainants will be advised that after conciliation efforts by the commissioner have failed, the party should consult private counsel to initiate private litigation.

(Authorized by K.S.A. 1970 Supp. 44-1104; effective, E-70-43, Sept. 23, 1970; effective Jan. 1, 1971.)