9 Citations
Kansas’ labor laws are intended to help create and maintain working environments in which the interests and rights of all parties (employers and employees) are protected. However, ensuring these rights are upheld requires employers’ and employees’ active knowledge and participation.
Navigating Kansas employment laws’ intricacies is vital for fostering fair and compliant workplaces. This guide will help you unravel the complexities of the state’s laws surrounding wages, breaks, overtime, and more, with an up-to-date roadmap for employers ensuring compliance and employees looking to safeguard their rights.
Let’s get started…
Meals and Break in Kansas
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💡Did You Know?
78% of North American bosses say employees who take regular lunch breaks are just as (or more) hardworking than those who don’t.
Kansas has no laws regulating meal breaks or rest periods and does not mandate employers provide them. Regardless, many employers choose to provide breaks in their workplaces to encourage employee productivity.
Shorter breaks (either with meals or as non-meal rest breaks) typically last 5 to 20 minutes. Many employers consider these breaks compensable work hours, meaning employees get paid even during breaks.
Sometimes, meal and/or rest breaks may last 30 minutes or more. In this case, the break is not considered work hours, so the employer is not required to compensate employees for this type of break – assuming the break truly involves none of their work duties.
However, some employees who work during meal breaks, such as factory workers who need to keep machines running, may get paid meal breaks. A meal break that includes any aspect of an employee’s work duties should be compensated.
Leave and Paid Time Off (PTO) in Kansas
Insert content from second informational section here (delete / replace this placeholder text).
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💡Did You Know?
Twenty-eight million Americans don’t get any paid vacation or paid holidays.
Employers in Kansas are not obliged or mandated to pay for any time not worked for by an employee. Regardless, many employers provide paid time off for their employees. It is important to note that in many cases, public employees are not entitled to the same leave and PTO benefits as those working for private entities.
Leave and PTO in Kansas includes required leave and non-required leave types.
Required Leave in Kansas
Required leave types in Kansas are what employers must provide to their employees. These include:
Holiday Leave (Public Employees)
- New Year’s Day - 1 January
- Martin Luther King Jr. Civil Rights Day - Third Monday in January
- President's Day: Third Monday in February
- Memorial Day - Last Monday in May
- Independence Day- 4th of July
- Labor Day - First Monday in October
- Columbus Day - Second Monday in October
- Veterans Day - 11th of November
- Thanksgiving Day - Fourth Thursday in November
- Christmas Day - 25th of December.
Kansas does not require private employers to compensate employees for these holidays. However, some employers may provide paid holiday leave to attract and retain high-quality employees.
Private employers are not required to provide holiday leave benefits to their employees, and are likewise not required to pay employees any premium wage rates (overtime, etc.) for working during the holidays except if this above-normal compensation is agreed upon through mutual understanding between employer and employee.
Family and Medical Leave Act (FMLA) and Parental Leave
The Family and Medical Leave Act (FMLA) is a federal law mandating the provision of unpaid leave of up to 12 workweeks within a year (or any consecutive 12-month period).
FMLA leave is offered to employees for the birth of a child, an adoption or child fostering process, or in the case of a serious health condition of the employee or an immediate family member. However, employees must have worked with their employer for 12 months or 1,250 hours to qualify for this leave.
FMLA leave can also run concurrently with Kansas’ parental leave mandate, enacted via executive order in 2021.
Kansas’ parental leave is typically a paid leave. It’s available following the birth or adoption of a child by an employee or the placement of a foster child in the employee’s care. If an employee qualifies for this leave:
- An employee acting as the child’s primary caregiver receives eight weeks of paid parental leave.
- An employee acting as a secondary caregiver receives four weeks.
- If both parents are state workers, both receive parental leave, which may be taken at the same time, consecutively, or at different times.
- Paid parental leave only becomes available for 30 days before the child’s projected due date or adoption date. It remains available for the 12 weeks immediately following the birth or adoption of a child.
Military Leave
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💡Did You Know?
Only 5% of employees in leisure and hospitality industries have access to paid military leave, compared to 64% of employees who work in credit information.
In Kansas, active military members (including those in the National Guard) and veterans may be eligible for military leave under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).
Every state employee is entitled to paid military leave of 30 working days in each 12-month period (typically correlating to government fiscal years) running from October 1st through the following September 30th. Eligible employees may use their military time off for active or inactive military duty, full-time National Guard duty, weekend drills, or any other military duty. Employers must also allow eligible employees to take leave to serve in state armed forces.
Kansas employers may not discharge or discriminate against an employee for taking any type of military leave. After service, employees are entitled to return to their jobs with the same benefits and pay they would have accrued if they had not taken the leave.
Additionally, the employer must not discharge employees returning from the military without cause for the year (365 days) following their return to work.
Domestic Violence or Sexual Assault Leave
Employees who are victims of domestic violence or sexual assault are eligible to use any accrued leave. Employees may take unpaid leave for up to 8 days in a calendar year if accrued leave is unavailable. The employee can use this leave to:
- Obtain legal relief, including restraining orders
- Obtain medical treatment
- Obtain other services (domestic abuse programs or rape recovery centers)
- Make appearances in court in the aftermath of the abuse
Donor Leave
The Kansas Donor Leave Program provides state employees with paid recovery time after they choose to donate blood, blood products, bone marrow, or organs. Eligible employees may be awarded:
- Paid leave of up to 30 working days to recover from an organ or tissue donation.
- Paid leave of up to 7 working days after bone marrow transplants.
- Paid leave of 1.5 hours every 4 months for blood donations.
- Paid leave of 3 hours every 4 months for donations of blood products (platelets or other approved blood components).
Eligible employees are compensated at normal wage rates. Donor leave is only available to employees making the donations themselves, not employees who wish to care for a family member who donated.
Jury Duty Leave
Jury duty leave is available to employees summoned to serve as a juror in a court proceeding. According to state law, employers must grant eligible employees paid time off for mandatory jury duty. In some cases, leave is also offered to employees who are summoned to be witnesses before the civil service board.
Employees called as witnesses on their own behalf are not entitled to paid leave. Kansas state laws prohibit employers from punishing employees who require jury duty leave in any way.
Bereavement Leave
Bereavement leave is offered to employees to attend to the passing of their immediate family member or equally close relative. In Kansas, employees are entitled to paid bereavement leave of up to 6 working days.
Disaster Service Leave
Kansas state employees who are certified disaster service volunteers (such as volunteer firefighters) are granted paid leave of up to 20 working days in 12 months. This leave is only offered in the event of an emergency requiring extra help from these volunteers. Employees taking disaster service leave in Kansas are entitled to compensation at their regular pay rate.
Voting Leave
Employees are allowed up to two hours of leave in Kansas to carry out their voting duties. This leave is only provided if employees don’t have time to place their votes before or after their shifts. Employers may specify when an employee may be absent from work to vote, so long as it does not include the employee’s regular lunch period.
Non-Required Leave in Kansas
Some leave types Kansas employers are not required to offer employees include:
Vacation Leave
Employers in Kansas are not obligated by federal or state laws to offer vacation time, whether paid or unpaid, to their employees.
However, many employers offer paid or unpaid vacation leave as an employee benefit. Employers who offer vacation leave must abide by their employment contract terms and/or established company policies.
The video below offers a good overview of Kansas employment contracts that may impact non-required leave (or other employment conditions):
Employers and employees may enter agreements denying employees pay for accrued vacation upon termination of employment. Employers are also allowed to cap the total amount of vacation leave an employee can accrue.
Sick Leave
Employers in Kansas are not required to provide sick leave benefits, whether paid or unpaid. However, if they offer this benefit, they must comply with the established policies in their employee handbooks.
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Overtime Regulations in Kansas
The FLSA entitles employees in Kansas to overtime pay if they work more than 40 hours per work week. Overtime pay is calculated at 1.5 times the rate of the employee’s regular average or minimum pay.
While the FLSA states overtime is any time worked after 40 hours per week (except for weekends and holidays), Kansas state laws further stipulate overtime as any hour worked past 46 hours a week. To be eligible for overtime pay in Kansas and earn 1.5 times their regular wage rate, employees in the state thus must work more than 46 hours per week.
Overtime Exceptions in Kansas
The Kansas overtime rule does not apply to every employee, and some workers don’t have to work 46 hours a week to be eligible for overtime pay.
For example, under federal law, employees engaged in commerce or producing goods for commerce shall not work more than 40 hours a week unless they receive compensation of 1.5 times their regular rate for each hour worked over 40 a week.
Other employees exempt from the 46-hour rule in Kansas include:
- Any employee 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.
Additionally, the FLSA completely exempts the following employees from overtime pay:
- Executive or administrative employees earning salaries of at least $684 per week.
- Highly compensated employees making more than $107,432 a year.
- Learned, creative, and computer professionals earning salary of at least $684 per week.
- Outside sales employees.
Wages and Benefits in Kansas
Kansas’ current minimum wage is $7.25, equal to the federal minimum wage.
The minimum wage for tipped employees is $2.13 per hour, but tips they receive must bring their total hourly wage up to the state minimum wage of $7.25. If the combined total doesn’t amount to the average minimum wage of $7.25, employers must make necessary payments to align the total with the average minimum wage.
Kansas has no state-specific law to address the sharing of tips. As such, employers may or may not require tip pooling.
Pay Frequency
Employers in Kansas must pay all wages due to their employees at least once per calendar month or as agreed upon by employer and employee. Some common pay frequency schedules employers in Kansas may use include:
- Weekly (52 paychecks per year).
- Biweekly (26 paychecks per year).
- Semi-monthly (24 paychecks per year).
Kansas does not have specific laws requiring employers to provide pay stubs. However, employers are advised to voluntarily include specific information on pay stubs, such as gross and net earnings, deductions, and hours worked.
Employee Benefits
Employers in Kansas are not required to provide any kind of benefits to their employees. However, many employers provide optional benefits to attract and retain employees.
Some of these benefits may include:
- Health insurance
- Retirement plans
- Non-required leave (vacation, sick leave, holidays, etc.)
Final Paycheck
Following an employee’s separation from their job, whether due to resignation or termination, their employer must disburse their final paycheck by the next regular payday.
Prevailing Wages in Kansas
Employees are eligible for prevailing wages if they work on government or government-funded construction projects..
Kansas does not have a state-specific prevailing wage law. However, employers may be required to pay residents wage rates established by federal prevailing wage rates under the Davis-Bacon Act and other related laws.
For more information about prevailing wages, check out these government sites:
Hiring Practices in Kansas
Kansas prioritizes fairness and non-discrimination during the hiring process. It’s illegal for employers in any industry to:
- Exclude or refuse to hire an individual based on race, religion, color, sex, national origin, ancestry, or disability.
- Refuse to list and correctly classify for employment or to refuse to refer any potential job candidate based on their race, religion, color, etc.
- Discriminate against any person of employment opportunities because of their age.
- Refuse to hire a prospective employee because of their height, except if the position is a fireman, law enforcement, or security officer, wherein minimum and/or maximum height restrictions may be necessary.
- Be biased towards relatives, friends, or neighbors during the hiring process.
- Exclude or deny equal jobs or benefits because of applicant disabilities.
- Refuse to make reasonable adjustments to adapt to applicants’ physical or mental limitations, provided those limitations don’t adversely affect the business.
- Use employment tests or other selection criteria to screen out applicants with disabilities.
- Subject prospective employees to genetic screening or testing.
Kansas follows federal laws against discrimination during the hiring process, which protect applicants based on race, color, age, sex, sexual orientation, gender, gender identity, religion, national origin, pregnancy, genetic information (including family medical history), physical or mental disability, child or spousal support withholding, military or veteran status, and citizenship and/or immigration status.
Immigration Verification
Kansas places no additional employment verification procedure on employers beyond federal I-9 compliance.
Drug Testing
Kansas doesn’t regulate drug testing in the private sector. However, employers wishing to conduct drug testing for job application purposes must provide a conditional job offer before requesting a drug screening.
Under the Kansas Human Rights Commission, private employers may require applicants to submit a drug test so long as:
- All employees in the same job category face the same requirements; and
- Information remains confidential except to supervisors/managers or for safety reasons.
Background Check Laws
Employers running background checks must follow requirements set out by the Fair Credit Reporting Act (FCRA).
Health and Safety Standards in Kansas
Kansas, like many states, strives to provide safe work environments for all employees.
Kansas’ 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 inspect and ensure that measures concerning heating, ventilation, and sanitary arrangements are being met.
Business owners must make changes or additions identified by the secretary’s office within 60 days after receiving notice or face penalties for noncompliance.
Federal Occupational Safety and Health Administration (OSHA) regulations apply in Kansas. OSHA sets safety and health standards that prevent work-related injuries and fatalities caused by hazards such as:
- Biological hazards (mold, pests, insects, etc.)
- Chemical and dust hazards (pesticides, asbestos, etc.)
- Work organization hazards (stress-inducing things)
- Safety hazards (slip, trip, or fall risks, etc.)
- Physical hazards (noise, radiation, temperature extremes, etc.)
- Ergonomic hazards (repetition, lifting, awkward postures, etc.)
Employees in Kansas have the right to report unsafe working conditions and file complaints with OSHA if they believe their workplace violates safety standards. Complaints can be submitted online, by mail, fax, or via phone.
Child Labor Laws in Kansas
In Kansas, child labor laws protect minors (individuals under the age of 18) from exploitation by employers and from physical, moral, or emotional hazards.
Children under 14 cannot be employed in Kansas, with some exemptions:
- Employment by parents in nonhazardous occupations.
- Employment in domestic service or casual labor in or around a private home.
- Employment delivering newspapers or performing messenger duties.
- Employment in agricultural, horticultural, livestock, or dairy establishments.
- Employment as actors, actresses, or performers in movies, theaters, radio or TV.
Regardless of exemptions, children under 14 in Kansas are generally not allowed to perform any of the services listed above when school is in session.
16-year-olds can be employed to do most work (except in hazardous jobs), but they need a work permit. However, the permit is only required for children not enrolled in or attending secondary school.
The FLSA restricts children under 16 to work between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m. For older children, work hours are between 7 a.m. and 10 p.m. when school is in session.
Children under 16 can work up to three (3) hours on a school day, 18 hours on a school week, 8 hours on a non-school day, and 40 hours on a non-school week in Kansas. Non-covered children under 16 may not work more than eight (8) hours in one day, nor more than 40 hours in one week.
Under Kansas law, children under 16 employed in hotels, restaurants, mercantile establishments, or in transmitting merchandise or messages may work from 7 a.m. to 10 p.m.
Prohibited Occupations for Minors
In Kansas, no child under 18 can be employed in any occupation, trade, or business that presents any physical, moral, or emotional hazard. These include:
- Manufacturing or storing explosives (minors may work in retail stores selling ammunition, in gun shops, in trap and skeet ranges, and in police stations).
- Operating motor vehicles on public roads.
- Coal mining.
- Operating power-driven woodworking machines.
- Wrecking, demolition, and ship-breaking operations.
Minors whose parents own a business or farm are exempt from these regulations, except if the business is involved in mining, manufacturing, and other particularly dangerous occupations, which restricts the minimum age of employees to 18.
Posting Requirements for Employers Employing Minors
Employers or business owners looking to employ minors under 16 must keep a notice in a conspicuous place stating the maximum number of hours minors are allowed to work.
Breaks for Minors in Kansas
Kansas doesn’t regulate or dictate meal periods for minor employees – employers can schedule minor employees’ meal breaks.
Employee Termination and Resignation in Kansas
Kansas is an at-will employment state. Employees can resign at any time without reason, without the fear of penalty. Similarly, employers can terminate employees at any time and for any reason, so long as the reason is not discriminatory or retaliatory.
Right to Work Law in Kansas
Kansas is a right-to-work state, which means that employees are free to decide whether to join a labor union – employees cannot be forced to join a labor union as a condition of their employment.
Kansas has some variations in its right-to-work statutes for schools and state agencies:
Right-to-Work in Kansas Schools
In Kansas, no board of education nor administrative employee who has the authority to hire, transfer, or lay off other employees is allowed to:
- Discriminate while hiring based on membership or nonmembership in any professional employee organization.
- Interfere with, restrain, or force professional employees to join, form, or assist professional employees’ organizations.
Employees employed by boards of education in professional, educational or instructional capacities are allowed to:
- Form, join, or assist professional employees’ organizations in establishing, maintaining, protecting, or improving the terms and conditions of professional service.
- Refrain from any of the foregoing activities.
Right-to-Work at State Departments
Public employees employed by a public agency, except for those employed by school districts, have the right to:
- Participate, join, or form organizations to meet and exchange opinions with public employers.
- Choose to refrain from any of the foregoing activities.
Similarly, public employers and their representatives are not permitted to:
- 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 during hiring due to membership in such organizations.
Severance Pay
Kansas labor laws do not require employers to provide employees with severance pay on termination. However, if an employer does provide severance pay, it must comply with the terms of established policies or employment contracts.
Termination Notice Requirement
Kansas does not dictate notice periods for employment termination. However, if an employment contract is in place, employers and employees should adhere to the stated notice requirements specified in the contract. Failure to do so might incur legal consequences.
Unemployment Benefits in Kansas
Kansas provides benefits to eligible unemployed persons to support them while searching for a new job. Unemployment benefits are available for up to 16 weeks, with nothing deducted from the employee’s previous wages to pay for the coverage.
Individuals seeking unemployment benefits must meet certain eligibility requirements:
- Must have been paid wages from insured employment for at least two quarters.
- Must have earned total wages at least 30x greater than their weekly benefit amount.
- Must be either totally or partially unemployed (through no fault of their own).
Unemployment benefits are administered by the Kansas Department of Labor.
Penalties for Noncompliance in Kansas
Penalties for noncompliance in Kansas range from fines to civil lawsuits. The specific fines can vary depending on the nature and severity of the violation.
For example, not fully complying with wage and hour laws often forces employers to pay back wages and damages to affected employees. Businesses or professionals in specific industries may even face license revocation or suspension for noncompliance with labor laws.
Other Essential Information About Labor Laws in Kansas
Other important laws employers and employees in Kansas should be aware of include:
COBRA Laws
The federal Consolidated Omnibus Budget Reconciliation (COBRA) Act allows employees to access health coverage after a job loss in Kansas (and in other U.S. states as well). This health insurance program allows employees and their dependents to stay on their health plans in the event of voluntary or involuntary job loss for anywhere from 18 to 36 months. However, COBRA only covers businesses with 20 or more employees.
Recordkeeping Laws
Employers must make and keep records of each employee for up to 3 years. These records should be kept in or around the employer’s premises.
These employee records should contain:
- Name
- Occupation
- Rate of pay
- Amount paid on each paid period
- Hours worked each day and week
Employers covered by FLSA must also keep and maintain the following records:
- Name, address, birthday (if younger than 19), and gender
- Occupation
- Hours worked each day and week
- Exact time and day when work week begins
- Basis for which wages are paid
- Hourly pay rate
- Total overtime earnings
- Additions or deductions from wages
- Total wages paid each pay period
- Date of payment and pay period
Navigating Labor Laws in Kansas
Understanding and complying with Kansas labor laws is crucial to fostering fair, equitable, and legally sound workplaces.
This comprehensive guide can serve as a roadmap to help you navigate employment regulations in Kansas, promote compliance, and ultimately cultivate positive workplace environments. However, retaining qualified legal professionals is worthwhile and encouraged, as no online guide can comprehensively cover all aspects of a state’s labor laws.
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