Kansas Labor Laws Guide

Kansas wage laws

When it comes to wage laws, Kansas entirely complies with federal regulations.

The following are wage regulations concerning the state minimum, tipped hourly wage, and the youth minimum wage in Kansas.

Kansas minimum wage

What is Kansas's minimum wage 2022?

As of January 1, 2010, every employer in the state of Kansas is required to pay their employees a minimum wage of not less than $7.25 an hour.

Exceptions to the minimum wage in Kansas

The Fair Labor Standards Act (FLSA) proposes that certain employees are exempt from the minimum wage.

The following is the list of employees who are exempt from the minimum wage (together with certain requirements):

• Executive workers who are paid on a salary basis and earn not less than $684 per week
• Administrative workers who are paid on a salary basis and earn not less than $684 per week
• Learned and creative professionals paid on a salary basis who earn not less than $684 per week
• Computer employees who earn $684 per week or at least $27.63 per hour
• Highly compensated employees who earn $107,432 or more a year
• Outside sales employees — No minimum salary requirement
• Tipped employees
• Minors

Tipped minimum wage in Kansas

What is Kansas's minimum wage for tipped employees 2022?

Tipped employees in Kansas are entitled to the federal minimum wage of $2.13 an hour.

In Kansas, a tipped employee is considered anyone whose monthly earnings in tips exceed $20.

However, the total earnings of a tipped employee → hourly wage plus tips → must equal $7.25 an hour. If a tipped employee doesn't make $7.25 an hour, an employer is obliged to make up the difference.

Kansas subminimum wage

What is the youth minimum wage in Kansas 2022?

Under federal law, employers who wish to employ an individual under 20 years of age can pay them a “training wage” of $4.25 per hour for the first 90 calendar days of employment.

On the other side, full-time students who work in retail, agriculture, colleges or universities are entitled to 85% of the minimum wage — $6.16 per hour. Employers who employ full-time students must obtain a certificate from the US Department of Labor.

Moreover, full-time students may work up to 8 hours a day (20 hours per week) when school is in session and 40 hours per week when school is out.

When a full-time student graduates or leaves school for good — they are entitled to the federal minimum wage of $7.25.

Kansas payment laws

Employers in Kansas are obligated to pay all wages due to their employees at least once in a calendar month or as agreed upon by the employer and employee.

Other most common>pay frequency schemes in the USA include the following:

• Weekly — Employees are paid once a week (52 paychecks per year).
• Biweekly — Employees are paid every other week (26 paychecks per year).
• Semi-monthly — Employees are paid twice a month (24 paychecks per year).

Kansas overtime laws

Under federal law, covered nonexempt employees are entitled to overtime premium pay of at least1.5 times the regular rate of pay.

While the federal law proposes that overtime work is any hour worked over 40 hours within a week (except for weekends or holidays), the state law of Kansas says otherwise.

That is to say, employees in Kansas must work more than 46 hours per week to be eligible for overtime pay of 1.5 times the regular rate.

Overtime exceptions and exemptions in Kansas

Still, some workers don't have to work 46 hours a week to be eligible for overtime pay. Under federal law, employees engaged in commerce or in the production of goods for commerceshall not work for more than 40 hours a week — unless they receive compensation at a rate of 1.5 times the regular rate for each hour worked over 40 a week.

Moreover, the 46-hour ruledoesn't apply to:

• Any employee who is engaged in selling motor vehicles for a nonmanufacturing employer
• Any person sentenced to the custody of the secretary of corrections
• Any person serving a sentence in a county jail

What's more, the FLSA entirely exemptsthe following employees from overtime pay:

• Executive employees who earn a salary and make not less than $684 per week.
• Administrative employees who earn a salary and make not less than $684 per week.
• Highly compensated employees who make more than $107,432 a year.
• Learned and creative professionals who receive a salary and earn not less than $684 per week.
• Computer employees who work on a salary basis and earn no less than $684 weekly.
• Outside sales employees.

Fluctuating Workweek Method (FWW) in Kansas

Meanwhile, thanks to theFluctuating Workweek Method (FWW) — certain nonexempt salaried employees are entitled to overtime pay. To be eligible for FWW overtime pay, one of the conditions is that an employee's working week must vary from week to week.

For instance, a salaried, nonexempt employee will receive the same monthly salary whether they work 40 hours per week, less, or even more than 40. But for each hour worked over 40 a week — an employee receives an overtime premium of one-half (0.5) times their hourly rate.

Employees are eligible for the FWW method if they:

• Have a fluctuating workweek
• Receive a fixed salary
• Get at least the federal minimum of $7.25 per hour

In addition, employees who use the FWW are entitled to additional pay or benefits such as:

• Bonuses
• Commissions
• Hazard pay

Take a look at the example of the FWW:

Let's say an employee's weekly income is $800 and in the preceding week the employee worked 43 hours.

To be able to calculate overtime hours,calculate the hourly rate first.

Simply divide the weekly salary by the number of hours worked for that week.

$800 / 43 = $19 per hour

Next, multiply the hourly rate by 0.5 for every overtime hour during a week.

$19 per hour x 0.5 = $9.5 for each overtime hour worked

Total overtime compensation goes as follows:

$9.5 x 3 overtime hours =$29

Kansas break laws

Neither state nor federal laws require employers to provide breaks to their employees.

Exceptions to break laws in Kansas

Still, many employers schedule breaks to increase employee productivity in the workplace. Breaks lasting 5 to 20 minutes are considered compensable work hours — employees get paid for them.

On the other hand, meal periods that last at least 30 minutes are not considered work hours hence they are not compensated.

However, employees who need to work during meal breaks — for example, a factory worker who is required to remain at his machine while working — then a meal break needs to be paid.

Kansas lactation laws in the workplace

Under Kansas law — “A mother may breastfeed in any place she has a right to be.”

However, there is no state regulation regarding breastfeeding in the workplace.

Therefore, under federal law, employers are required to provide a place (other than a bathroom>) and a reasonable break time for a mother to breastfeed for one year after the child is born.

Kansas leave requirements

Even though theFLSAproposes that an employer is not obliged to pay for any time not worked, most employers do provide time off to their employees — whether paid or unpaid. The same applies to Kansas, yet public and private employees are not entitled to the same benefits in some cases.

In the state of Kansas, there are two types of leave days:

• Required leave
• Non-required leave

Kansas required leave

The following are leave benefits that Kansas employers are required to provide to their employees.

Holiday leave (public employers)

State offices need to provide their employees with a day (or days) off for legal public holidays recognized by the state of Kansas.

Legal public holidays and observances in Kansas in 2022:

• New Year's Day — observed on January 1
• Martin Luther King, Jr. Day — observed on the third Monday in January
• President's Day — observed on the third Monday in February
• Memorial Day — observed on the last Monday in May
• Independence Day — observed on July 4
• Labor Day — observed on the first Monday in September
• Columbus Day — observed on the second Monday in October
• Veterans' Day — observed on the eleventh day in November
• Thanksgiving Day — observed on the fourth Thursday in November
• Christmas Day — observed on December 25

The law doesn't require employers to offer holiday pay, but many employers provide this benefit to their employees to help attract and retain quality employees.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Actis a federal law that offers eligible employees an unpaid leave of up to 12 workweeks within a consecutive 12-month period.

This type of leave is used for the birth of a child, adoption or foster care, in case of a serious health condition of an employee or their immediate family member.

To qualify for FMLA, an employee must have worked for the employer for 12 months or 1,250 hours.

Military leave (public employers)

Each state employee, whether regular or temporary, shall be granted paid military leave of 30 working days in each twelve-month period between October 1st and September 30th.

Eligible employees may use military leave for active or inactive military duty, full-time national guard duty, weekend drills, or any other military duty.

Domestic violence or sexual assault leave

Any victim of domestic violence or sexual assault may use any accrued leave or, if accrued leave is unavailable, leave without pay of up to 8 days per calendar year.

Administrative leave

This leave is provided as a reward for an employee or a group of employees who showed amazing results outside their regular scope of work or exceeded the normal expectations.

Such an employee or a group of employees may be awarded additional 3 days off.

Donor leave

The Kansas Donor Leave Programprovides recovery time off for state employees who choose to donate organs, blood or blood products, or bone marrow.

Eligible employees may receive:

• Paid leave of up to 30 working days for recovery from an organ or tissue donation
• Paid leave of up to 7 working days following the bone marrow transplant
• Paid leave of 1.5 hours every 4 months for blood donation
• Paid leave of 3 hours every 4 months for the donation of blood products (blood platelets or any other approved blood product)

This leave can't be used for taking care of family members who are donors. Moreover, donor leave will be paid at the regular rate.

Jury duty leave

Jury duty is an obligation of each US citizen who receives an invitation from a court, i.e. summons, to serve as a juror during a court proceeding.

In Kansas, each regular employee must be granted paid leave for required jury duty or to be a witness before the civil service board.

In case the employee is called as a witness on the employee's own behalf, such an employee is not entitled to paid leave.

Bereavement leave

This type of leave is given in case of a funeral or death of the employee's immediate family member or close relative.

In Kansas, regular employees are entitled to paid leave of up to 6 working days.

Disaster service leave

State employees who are certified disaster service volunteers of the American Red Cross are granted a paid leave of not more than 20 working days in a 12-month period.

Such employees receive compensation at their regular rate of pay.

Kansas non-required leave

Kansas employers are not obligated to assign leave days to their employees in the following cases.

Vacation time

Under federal or state law of Kansas, employers are not required to offer vacation leave to their employees.

Still, many employers do provide this benefit to improve employee work-life balance.

Sick leave

The same rules apply to sick leave in Kansas. No law obliges an employer to provide sick leave benefits to their employees, either paid or unpaid.

Holiday leave (private employers)

Private employers are not required to provide holiday leave benefits to their employees.

Moreover, they are not required to pay employees any premium wage rates for working during holidays. Such benefits are agreed upon by the employer and employee.

Child labor laws in Kansas

The child labor regulations in Kansas protect minors from any physical, moral, or emotional hazard.

Therefore, if an employer wishes to employ a minor under 16 years of age, they must obtain a work permit first.

Still, the work permit is not required if the minor is attending any secondary school within the state.

Work time restrictions for Kansas minors

How many hours can a minor work in the state of Kansas?

Under federal law, children aged 16 and 17 may be employed for an unlimited number of hours in any occupation other than those that are stated hazardous by the Secretary of Labor.

Time restrictions for minors under the age of 16 (federal regulations):

• May work between 7 a.m. and 7 p.m. (except from June 1 through Labor Day when they can work until 9 p.m.)
• May work up to 3 hours on a school day
• May work 8 hours on a non-school day
• May work 18 hours in a school week
• May work 40 hours on a non-school week

Under Kansas law, children under 16 who are employed in hotels, restaurants, mercantile establishments, or in the transmission of merchandise or messages may work from 7 a.m. to 10 p.m.

They are allowed to work after 10 p.m. provided that the following day is not a school day.

They can work not more than 8 hours a day and not more than 40 hours a week.

These restrictions don't apply to students engaged in food service preparation or vocational training programs.

Children under 14 are not allowed to be involved in any occupation or trade in any business or service except in the following cases:

• If they are employed by their parents in nonhazardous occupations
• If they work in domestic service or casual labor in or around a private home
• If they deliver newspapers or perform messenger duties
• If they work in agricultural, horticultural, livestock or dairying establishments
• If they are employed as actors, actresses or performers in movies, theaters, radio or TV

Finally, minors under 14 are not allowed to perform said services when school is in session.

Breaks for Kansas minors

Unlike other states, Kansas doesn't regulate meal periods for minor employees.

In addition, the federal provisions for child labor don't regulate or require breaks or meal periods for minors either.

Prohibited occupations for Kansas minors

In accordance with the Secretary of Labor, no child under 18 years of age can be employed in any occupation, trade, or business that presents any physical, moral, or emotional hazard.

Prohibited occupations forall minors under the age of 18:

• Manufacturing or storing explosives — Minors are not allowed to work where explosives are manufactured or stored but can work in retail stores selling ammunition, gun shops, trap and skeet ranges, and police stations.
• Operating motor vehicles on public roads — In Kansas, 17-year-olds may drive cars or small trucks under strictly controlled conditions.
• Coal mining
• Power-driven woodworking machines
• Wrecking, demolition, and ship-breaking operations

Finally, minors of any age whose parents own a business or a farm are exempt from these regulations except for mining, manufacturing, and other occupations where the minimum age requirement is 18.

Posting requirements for employers employing minors in Kansas

Each employer who employs minors under 16 years of age must keep a notice in a conspicuous place stating the maximum number of hours such a minor is allowed to work.

Penalties for employers employing minors in Kansas

Any person, firm, or corporation that violates any of the foregoing provisions will be deemed guilty of a misdemeanor and serve a sentence of not more than 19 days of imprisonment in the county jail.

For less severe violations, a fine of not less than $25 and not more than $100 shall be paid.

Kansas hiring laws

There are certain practices regarding employment in Kansas that are considered unlawful.

These regulations apply to discrimination based on age, race, religion, color, gender, national origin, disability, and others.

Unlawful employment practices in Kansas

In Kansas, it is considered unlawful for an employer, employment agency, or labor organization to:

• Refuse to hire, exclude, or expel from its membership an individual based on their race, religion, color, sex, national origin, ancestry, or disability.
• Refuse to list and properly classify for employment or to refuse to refer any potential job candidate based on their race, religion, color, etc.
• Limit, discriminate, or deprive any person of employment opportunities because of their age (age of 40 or more years).
• Refuse to hire a prospective employee because of their height except if the job in question is fireman, law enforcement, or security officer where the minimum height restriction is 5'2 (five feet two inches).
• Give preferences in hiring to relatives, friends, or neighbors.
• Exclude or deny equal jobs or benefits because of the disability of a job applicant.
• Refuse to make reasonable adjustments to adapt to the job applicant's physical or mental limitations, provided that those limitations don't adversely affect the business.
• Refuse to hire a job applicant because of the need to make reasonable adjustments to fit the job applicant's needs.
• Use employment tests or other selection criteria to screen out job applicants with disabilities.
• Subject a prospective employee to any genetic screening or testing.
• Refuse, deny, or make distinctions in offering goods, services, or facilities to any person because of race, religion, color, sex, disability, national origin, or ancestry.

Notwithstanding, it is considered lawful for an employer to fill vacancies in such a way to reduce imbalance concerning race, religion, color, sex, disability, national origin, or ancestry.

Right to work law in Kansas

Kansas is another “right-to-work” state which means that employees are free to make decisions whether or not to join a labor union.

In accordance with this law, an employee shall not be forced to join a labor union as a condition of employment. Kansas adopted a right-to-work statute in 1958.

The Kansas right to work amendment distinguishes:

1. Schools
2. State departments

1. The right-to-work law at schools

With regard to schools, neither board of education nor administrative employees — i.e. anyone employed by a board of education who has the authority to hire, transfer, lay off other employees → is not allowed to:

• Discriminate while hiring on the basis of membership or nonmembership in any professional employees' organization.
• Interfere with, restrain, or force professional employees to join, form, or assist professional employees' organizations.

On the other side, professional employees → employees employed by a board of education in a professional, educational or instructional capacity → have the right to:

• Form, join, or assist professional employees' organizations for the purpose of establishing, maintaining, protecting, or improving terms and conditions of professional service.
• Refrain from any of the foregoing activities.

2. The right-to-work law at state departments

Under this law, public employees — i.e. employees employed by a public agency except for professional employees of school districts → have the right to:

• Participate, join, or form organizations for the purpose of meeting and exchanging opinions with public employers.
• Choose to refrain from any of the foregoing activities.

At the same time, public employers or their representatives are not permitted to:

• Interfere, restrain, or force public employees to form, join, or participate in employee organizations.
• Encourage or discourage membership in any employee organization, committee, association, or similar organization.
• Discriminate or blacklist while hiring because of the membership in a said organization.

Kansas termination laws

Kansas is another US state that recognizes at-will employment. This employment arrangement makes it lawful for an employer to fire an employee at any time for any reason — provided that it's not based on discrimination, retaliation, and similar.

However, at-will employment works both ways. An employee may also choose to resign from their job at any time for any reason without any losses, penalties, etc.

Kansas final paycheck

In case of job loss — whether voluntary or involuntary — the employer is obliged to pay wages due to the employee on the next regular payday.

If an employer fails to give the departing employee their final paycheck, such employer will be required to pay a fixed amount of 1% of the unpaid wages for each day (except Sunday and legal holidays) or of the unpaid wages → whichever is less.

Health insurance continuation in Kansas

When it comes to health coverage after a job loss in Kansas, the federalConsolidated Omnibus Budget Reconciliation Act (COBRA) comes to aid.

COBRA is a health insurance program that allows employees and their dependents to stay on their health plans in case of voluntary or involuntary job loss for another 18 to 36 months.

Still, the COBRA law only covers businesses with 20 or more employees.

Occupational safety in Kansas

The Kansas Department of Labormakes sure businesses and public offices provide their employees with a hazard-free working environment.

Therefore, the Secretary of Labor has the right to enter any state or private office, mill, workshop, or any other place of business where labor is performed to ensure the safety measures are being followed.

If any of the measures concerning heating, ventilation, sanitary arrangements, and similar, are found to be hazardous to the health of persons working there — the secretary then notifies the owner of such a place in writing.

Such notice may include an order that requires alterations, additions, or changes to ensure the safety of the employees endangered. The business owner is then required to induce changes, alterations, or additions identified by the secretary within 60 days after the notice.

Anyone who violates the provisions of this statute will beguilty of a misdemeanoror pay a fine of not less than $25 nor more than $100.

Occupational Safety and Health Administration (OSHA)

Moreover, Kansas private employers and workers are under federal Occupational Safety and Health Administration (OSHA) jurisdiction. OSHA is created to assure safe and hazard-free conditions for workers. It sets safety and health standards that employers have the responsibility to provide to prevent work-related injuries and fatalities.

There are 6 main types of hazards in the workplace recognized by OSHA:

• Biological hazards — Mold, pests, insects, etc.
• Chemical and dust hazards — Pesticides, asbestos, etc.
• Work organization hazards — Things that cause stress.
• Safety hazards — Slips, trips, falls, etc.
• Physical hazards — Noise, radiation, temperature extremes, etc.
• Ergonomic hazards — Repetition, lifting, awkward postures, etc.

To assure employees work in a hazard-free environment, the authorities have the right to enter premises during working hours and assign penalties for any violation of this act.

Miscellaneous Kansas labor laws

Some labor laws don't belong to any specific group above, so we've decided to place them in the miscellaneous section.

The most significant such laws in Kansas include:

• Whistleblower laws
• Recordkeeping laws

Kansas whistleblower laws

Under the Kansas whistleblower act, no supervisor or representative of any state agency is allowed to prohibit a state employee from reporting any violation of state or federal regulations to any legislative person or entity.

The employee who decides to “blow the whistle” doesn't have to give notice to the supervisor or appointing authority before making such a report.

If a state employee suffers any disciplinary action taken against him or her, such employee may file an appeal to the state civil service board within 90 days after the alleged disciplinary action.

In the case the board finds a violation of the whistleblower act, the violator may be suspended without pay for up to 30 days or even up to 2 years for repeated violations.

Kansas recordkeeping laws

As of January 1, 1978, every employer shall make and keep records of each employee employed in the establishment for up to 3 years. The records need to be kept in or about the premises where employees are employed.

The records of each employee should contain:

• Name
• Occupation
• The rate of pay
• The amount paid on each paid period
• The hours worked each day and week

What's more, employers covered under the provisions of theFair Labor Standardsmust keep and maintain the following records:

• Name, address, birth day (if younger than 19), and sex
• Occupation
• Hours worked each day and week
• Exact time and day of the week when employee's workweek begins
• Basis on which the employee's wages are paid (e.g., $12 per hour or $400 per week)
• Hourly pay rate
• Total overtime earnings
• Additions or deductions from the employee's wages
• Total wages paid each pay period
• Date of payment and the pay period

The foregoing records must be preserved for at least 3 years at the place of employment or in a central records office.

Conclusion/Disclaimer

We hope this Kansas labor law guide has been helpful. We advise you to make sure you've paid attention to the links we've provided, as most of them will lead you to the official government websites and other relevant information.

Please note that this guide was written in Q1 2022, so any changes in the labor laws that were included later than that may not be included in this Kansas labor laws guide.

We strongly advise you to consult with the appropriate institutions and/or certified representatives before acting on any legal matters.

Clockify is not responsible for any losses or risks incurred, should this guide be used without further guidance from legal or tax advisors.

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