What’s New in Kansas
Labor Law Posters
Federal labor law posters
State labor law posters
Wage and Hour Laws
Minimum Wage
Kansas currently follows the federal minimum wage of $7.25/hour. Employers may pay workers under age 20 a subminimum wage of $4.25/hour during the first 90 consecutive calendar days of employment. After 90 days or when the employee reaches age 20 (whichever comes first), the standard minimum wage of $7.25/hour applies.
A local preemption law prohibits cities and counties from setting their own minimum wage rates.
Kansas adopts several federal exemptions and has no significant occupation-specific minimum wage rates. Notable exceptions include:
- Agricultural workers: Many agricultural jobs are exempt from minimum wage requirements under federal law, and Kansas follows suit.
- Domestic workers: Certain live-in domestic workers may be exempt from overtime, but minimum wage generally still applies.
- Students and learners: With a special certificate from the U.S. Department of Labor, employers may pay full-time students and student learners at subminimum rates, typically not less than 85% of the minimum wage.
Tipped Minimum Wage
Employers may pay tipped workers as little as $2.13/hour, provided their tips bring total earnings up to the minimum wage. If not, employers must make up the difference.
Overtime Laws
Kansas generally follows the federal Fair Labor Standards Act (FLSA) for overtime requirements and doesn’t have its own distinct state overtime law.
Employers in Kansas must follow the basic federal overtime rule: Non-exempt employees must be paid 1.5 times their regular rate of pay for any hours worked over 40 in a single workweek.
Kansas mirrors federal law regarding exempt employees. Common exemptions include:
- Executive, administrative, and professional employees.
- Outside salespeople.
- Certain computer-related occupations.
- Certain agricultural and seasonal workers.
To qualify for exemption, employees must meet the duties test and minimum salary thresholds established by the FLSA.
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Break Laws
Meal and Rest Breaks
Kansas doesn’t have a state law requiring employers to provide meal or rest breaks to adult employees. Federal law under the FLSA governs break policies in the state:
- If an employer chooses to offer a meal or rest break of over 20 minutes in length, it may be unpaid as long as the employee is fully relieved of all duties during that time.
- Voluntarily provided rest breaks of up to 20 minutes must be treated as paid work time.
Recordkeeping Requirements
Kansas doesn’t have a standalone state law that sets detailed employer recordkeeping rules for wages and hours. Instead, it defers to federal requirements under the FLSA, which apply to most employers in the state.
Under the FLSA, employers must maintain accurate records for non-exempt employees, including:
- Employee’s full name and identifying information.
- Home address.
- Date of birth (if under 19).
- Sex and occupation.
- Time and day of week when the employee’s workweek begins.
- Hours worked each day and workweek.
- Total daily or weekly straight-time earnings.
- Regular hourly pay rate.
- Total overtime earnings each workweek.
- Additions to or deductions from wages.
- Total wages paid each pay period.
- Date of payment and pay period covered.
These records must be kept for at least 3 years, and certain documents (like time cards or work schedules) should be kept for 2 years.
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Scheduling Laws
Kansas doesn’t have any state-level scheduling laws that require predictive scheduling, notice periods for shifts, or compensation for schedule changes.
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Employee Compensation and Benefits
Reporting Time Pay
Kansas doesn’t mandate reporting pay (payment for employees who report to work but are sent home early). If an employee works any amount of time, they must be compensated for actual time worked, but there’s no minimum hour requirement.
Payday Frequency and Method
Kansas law requires that employers pay employees at least once per calendar month and establish regular paydays in advance. Payday dates must be communicated to employees in writing or posted visibly in the workplace.
Employers in Kansas may pay wages using cash, check, direct deposit, or payroll cards. If pay is issued via payroll cards, it must meet certain qualifications:
- Employees must receive a written disclosure of any associated fees.
- Employees must be able to access their full wages without a fee at least once per pay period.
- An alternative payment method (like direct deposit or paper check) must be offered if the employee opts out.
Kansas law allows employees to file wage complaints through the Kansas Department of Labor’s Employment Standards Division. Employers can be assessed penalties and interest for failing to pay wages on time, and courts may award attorney’s fees to employees who win their wage claims.
Paystub Requirements
As of January 1, 2025, Kansas employers are permitted to issue wage statements electronically by default.
Employers must still provide a printed wage statement if an employee requests one. The electronic statement must include the same required information as a paper version:
- Pay period.
- Hours worked.
- Rate of pay.
- Gross earnings.
- Deductions.
- Net pay.
Importantly, employers must inform employees of the switch to electronic delivery and ensure that access isn’t restricted—particularly for workers who may not have regular access to a computer or smartphone.
Wage Deductions and Garnishments
Employers may deduct wages only under certain conditions. Permitted deductions include:
- Legally required withholdings, such as federal and state income tax or Social Security.
- Court-ordered garnishments.
- Deductions authorized in writing by the employee, such as for health insurance premiums or retirement contributions.
Employers can’t make deductions for business losses—like cash register shortages, broken equipment, or uniforms—unless the employee has given prior written consent. Even then, deductions can’t reduce the employee’s pay below minimum wage.
Deductions must be clearly itemized on the wage statement, and employers should maintain written authorization for any non-mandatory deduction.
Generally, creditors must obtain a court order to garnish wages, except in cases involving unpaid taxes, child support, or defaulted student loans. Federal limits apply to the amount that can be garnished:
- Up to 25 percent of disposable earnings, or—
- The amount by which weekly disposable earnings exceed 30 times the federal minimum wage.
“Disposable earnings” refer to the amount left after legally required deductions.
For child support, up to 50 or 60% of disposable income may be garnished, depending on whether the employee supports another dependent and how far behind they are on payments.
Employers must comply promptly with garnishment orders and may not retaliate against an employee whose wages are garnished. Failure to withhold or remit garnished wages can expose the employer to liability for the full amount owed.
Final Paycheck Laws
When an employee is terminated, laid off, or quits, the employer isn’t required to issue final wages immediately. Instead, final wages must be paid no later than the next regular payday following the employee’s separation. This applies whether the separation was voluntary or involuntary.
Final pay must include all earned wages through the last day worked. If the employer has a written policy that promises payment for unused vacation or paid time off (PTO), then those amounts must also be included in the final paycheck.
Workers’ Compensation
Most employees in Kansas are covered under the Workers Compensation Law, including full-time, part-time, and seasonal workers. Some exceptions include:
- Independent contractors.
- Agricultural workers in businesses with a gross annual payroll under $20,000.
- Certain real estate agents and owner-operator truck drivers under lease agreements.
Volunteers and sole proprietors are typically not covered unless specifically included in a policy.
Coverage must be in place when the first employee is hired. Employers who fail to secure insurance may face fines and be personally liable for benefits. Kansas workers’ compensation benefits include:
- Medical care: All necessary treatment at no cost to the employee, with the employer or insurer choosing the physician.
- Disability payments: Wage replacement for temporary total/partial or permanent disabilities.
- Vocational rehabilitation: Training or job placement assistance.
- Death benefits: Compensation to dependents and funeral expense coverage.
There are statutory limits and caps on benefit durations and amounts, which vary by injury type and severity. An employee must notify their employer of a workplace injury within 20 calendar days of the incident (or within 20 days of the last day worked if the injury results in time off). For repetitive trauma or occupational illness, the clock starts when the worker becomes aware the condition is work-related.
Employers must report work-related injuries to their insurance carrier and submit a First Report of Injury to the Kansas Division of Workers Compensation.
If a claim is denied or there’s a disagreement about benefits, the dispute is handled through the Kansas Division of Workers Compensation. The process includes:
- Informal resolution: Parties may resolve issues directly or through mediation.
- Preliminary hearing: If needed, an administrative law judge (ALJ) can issue temporary orders on benefits.
- Formal hearing: An ALJ issues a final decision.
- Appeals: Decisions can be appealed to the Kansas Workers Compensation Appeals Board and, in some cases, to the Kansas Court of Appeals.
Unemployment Insurance
The unemployment insurance (UI) program is administered by the Kansas Department of Labor (KDOL) and funded through employer payroll taxes. To qualify for benefits in Kansas, an applicant must meet several criteria:
- Be totally or partially unemployed through no fault of their own (e.g., layoffs or lack of work).
- Have earned sufficient wages in the base period (the period of time taken into account for benefits), which is the first 4 of the last 5 completed calendar quarters before the claim is filed.
- Be physically able, available, and actively seeking work.
- Register with KANSASWORKS, the state’s job search platform, and complete required work search activities each week.
Quitting a job voluntarily or being fired for misconduct typically disqualifies the applicant, though exceptions exist (e.g., unsafe working conditions or medical necessity).
Weekly benefit amounts are based on the applicant’s earnings during the base period. In general:
- The minimum weekly benefit is around $135.
- The maximum weekly benefit for 2025 is $603 (this amount is adjusted annually based on the state’s average wage).
- Claimants may receive up to 26 weeks of benefits during a standard benefit year.
Extended benefits may become available during times of high unemployment, but they aren’t guaranteed. Unemployed individuals can apply for benefits online through the KDOL website or by phone. They must also certify each week that they remain eligible and are actively searching for work.
Once approved, benefits are paid via direct deposit or debit card. The UI Appeals Board handles disputes when claims are denied or contested by employers.
Employers, meanwhile, must report wages and respond to claim notices—and may contest benefits if they believe claims are invalid. Employers and employees may make further appeals to the Employment Security Board of Review or Kansas courts.
Workplace Rights and Protections
Discrimination and Harassment
Discrimination protections in Kansas come from both state and federal statutes:
- Kansas Act Against Discrimination (KAAD) applies to employers with 4 or more employees.
- Federal laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), apply to larger employers (generally ones with 15 or more employees).
Under both Kansas and federal law, it is unlawful for employers to discriminate based on:
- Race.
- Color.
- National origin.
- Religion.
- Sex (including pregnancy).
- Disability.
- Age (40 or older).
- Ancestry.
- Genetic information.
- Retaliation for asserting legal rights.
Sexual harassment and hostile work environment claims are covered under both Kansas and federal law. Employers must address complaints promptly and take steps to prevent further misconduct. Employees who believe they’ve experienced discrimination or harassment can file a complaint with either:
- The Kansas Human Rights Commission (KHRC), or—
- The federal Equal Employment Opportunity Commission (EEOC).
In most cases, filing with one agency triggers a “dual filing” process, meaning both agencies are notified, and one will investigate. Complaints must generally be filed within 180 days of the alleged discrimination. That timeline extends to 300 days for certain federal claims filed with the EEOC.
The complaint process involves an investigation, possible mediation, and, if unresolved, a right-to-sue letter that allows the complainant to pursue a claim in court.
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Leave Laws
❌ Family and Medical Leave | There’s no state-level Family and Medical Leave Act in Kansas. Kansas follows the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave per year for eligible employees. It applies to employers with 50 or more employees. An employee can use FMLA leave for the following reasons: • Birth or bonding time with a newborn within 1 year of birth. • Adoption or foster care placement of a child within 1 year of placement. • A health condition that makes the employee unable to perform their job. • The need to care for a spouse, child, or parent with a serious health condition. • Qualifying needs tied to a family member’s active-duty military service. Up to 26 weeks of leave is available for employees needing to care for a covered service member with a serious injury or illness (military caregiver leave). To be eligible for FMLA leave, employees must: • Work for a covered employer (one with 50 or more employees within 75 miles). • Have worked for the employer for at least 12 months (not necessarily consecutive). • Have worked at least 1,250 hours during the 12 months immediately before the leave begins. |
❌ Paid Sick Leave | Kansas doesn’t have a statewide paid sick leave law. Private employers aren’t required to provide paid sick leave unless they voluntarily offer it through policy or contract. |
❌ Paid Family Leave | There’s no paid family leave program in Kansas for private-sector workers. Eligible employees could use unpaid leave under the FMLA. |
❌ Pregnancy and Parental Leave | Kansas doesn’t have a separate pregnancy leave statute in place for 2025. However, under both state and federal law: • Employers must treat pregnancy and related conditions the same as any other temporary disability. • If an employer offers leave for other medical conditions, it must also offer it for pregnancy, childbirth, and recovery. • Eligible employees may use unpaid leave under the FMLA—up to 12 weeks for pregnancy, birth, and bonding. Also, Kansas Senate Bill 153 will require all employers to provide 20 hours of paid pregnancy leave per year, beginning on January 1, 2026. In addition, full-time state employees are eligible for 8 weeks of paid parental leave if they’re the primary caregiver—and 4 weeks if they’re the secondary caregiver—following the birth or adoption of a child |
❌ Vacation and Personal Leave | Kansas doesn’t require employers to offer vacation or personal leave. If an employer offers it, the terms—such as accrual and payout—are governed by the company’s written policy or employment agreement. |
Other Mandatory Leave
Military Leave | Kansas complies with the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). Employers must allow leave for military service and reemploy service members upon return, with protection for benefits and job status. Public employees in Kansas are entitled to 30 days of paid military leave per year for active duty or training. |
Jury Duty Leave | Employers must allow employees to take time off to serve on a jury. Kansas law prohibits employers from firing or disciplining employees for fulfilling jury duty obligations. However, private employers aren’t required to pay employees during jury service. |
Victims of Crime Leave | An employer can’t terminate an employee who’s a victim of a crime and takes leave to give evidence or reasonably participate in the preparation of the criminal proceedings. |
Voting Leave | Kansas employees are entitled to up to 2 consecutive hours of paid leave to vote in a general or primary election if their work schedule doesn’t allow sufficient time while polls are open. Employers may specify when during the workday the leave is taken. |
Witness Leave | Employees who are subpoenaed as witnesses in court cases (not as a party to the case) are generally entitled to take unpaid leave. Employers may not retaliate against employees for complying with a subpoena. |
Emergency Response Leave | Kansas law allows emergency services volunteers—such as firefighters or EMTs—to take unpaid leave if they’re called to respond during a declared emergency. Public employees may be entitled to job-protected leave under specific agency policies. |
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Child Labor Laws
Kansas child labor laws align closely with federal standards and apply primarily to minors under 16. The minimum age to work in Kansas is 14 for most non-agricultural jobs. Children under 14 may work in limited roles, such as newspaper delivery, acting, or family farms.
While Kansas doesn’t require work permits for minors, employers must keep proof of age and ensure compliance with federal and state hour restrictions. Several hour restrictions also apply for working minors:
14 & 15-year-olds | 16 & 17-year-olds | |
When school is in session | • Maximum 3 hours on a school day • Maximum 18 hours in a school week • No work during school hours • Work must occur 7am-7pm | No hour restrictions |
When school isn’t in session | • Up to 8 hours per day • Up to 40 hours per week • May work until 9pm | No hour restrictions |
No minor under the age of 18 may practice a hazardous occupation, including:
- Roofing and excavation.
- Operating heavy machinery or power-driven tools.
- Meat processing and slaughterhouse work.
- Working at heights or with explosives.
- Driving motor vehicles (except under limited conditions for 17-year-olds).
These restrictions are consistent with federal child labor regulations issued by the US Department of Labor under the FLSA.
Workplace Safety and Health
Kansas doesn’t operate its own OSHA-approved state plan. This means all private-sector workplaces in Kansas fall under the jurisdiction of federal OSHA (Occupational Safety and Health Administration). Public-sector workers, such as state and local government employees, aren’t covered by federal OSHA unless safety rules are adopted through state policy.
Employers in Kansas must comply with all applicable federal OSHA standards, including:
- Providing a workplace free from recognized serious hazards.
- Following industry-specific safety regulations (e.g., construction, manufacturing, healthcare).
- Training employees on hazards and safe practices in a language they understand.
- Maintaining records of work-related injuries and illnesses using OSHA Forms 300, 300A, and 301 (for employers with 11 or more employees in non-exempt industries).
- Displaying the official OSHA Job Safety and Health poster.
- Reporting any workplace fatality within 8 hours and any inpatient hospitalization, amputation, or loss of an eye within 24 hours. These incidents must be reported directly to OSHA’s regional office or via OSHA’s 24-hour hotline or online portal.
Employers must also provide personal protective equipment (PPE) when needed and may not retaliate against employees who report safety concerns.
Kansas workers covered by federal OSHA have the right to:
- Work in a safe environment.
- Receive safety training.
- Access workplace injury and illness records.
- File confidential complaints with OSHA.
- Refuse dangerous work in certain situations without fear of retaliation.
Although Kansas doesn’t enforce its own OSHA plan, the state offers safety resources and voluntary assistance:
- The Kansas Department of Labor’s Industrial Safety and Health Division provides workplace safety consultations for public employers and can assist private employers seeking to improve compliance.
- Kansas employers can request a free, confidential consultation through OSHA’s On-Site Consultation Program to identify and correct hazards without risk of citation.
Labor Union Regulations
Kansas is a right-to-work state. This means employees can’t be required to join a union, pay union dues or fees, or contribute to a union fund as a condition of employment.
Employment Contracts and Severance
Employment Contract Laws
Kansas adheres to the at-will employment doctrine, meaning an employer can terminate an employee at any time, with or without cause or notice, as long as the reason isn’t illegal (e.g., discrimination or retaliation).
Kansas courts have historically enforced restrictive covenants—such as noncompete, nonsolicitation, and confidentiality agreements—but only if they’re reasonable and protect a legitimate business interest.
Severance Pay
In Kansas, severance pay isn’t required by law. Employers aren’t obligated to provide severance when an employee is terminated, laid off, or resigns—unless they’ve agreed to do so through a contract or written policy.
Additional State-Specific Employment Laws
Kansas has a few additional employment laws that go beyond federal mandates:
Mini-COBRA | Kansas offers a state continuation of health coverage—commonly referred to as Mini-COBRA—for employees of businesses with fewer than 20 employees who aren’t eligible for federal COBRA. To qualify, the employee must’ve been insured under the employer’s group health plan for at least 3 consecutive months. Continuation coverage can last up to 18 months, and the employee typically pays the full premium. |
Whistleblower Protections | Kansas protects public employees who report illegal or unethical conduct under the Kansas Whistleblower Act. Private-sector employees aren’t covered under this statute, but they may still be protected under public policy exceptions to at-will employment (e.g., reporting illegal activity or unsafe conditions). |
Legal Resources for Employers and Employees
Use these resources to navigate Kansas labor laws:
- Kansas Department of Labor: Offers information on wage laws, unemployment insurance, workers’ compensation, and child labor rules.
- Kansas Legal Services: Offers low-cost or free legal assistance to eligible individuals, including for workplace-related issues like discrimination or wrongful termination.
- KANSASWORKS: Features career resources, training programs, and employer services.
Disclaimer
The information presented on this website about labor laws in Kansas is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.