(650) 332-8623Kansas Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
Explore Kansas labor laws in this complete 2025 guide. Check out wages, breaks, overtime, leave policies, and more.
Kansas Meals and Breaks
No LawFor Lunch Breaks
Kansas law does not require employers to provide meal breaks. However, if an employer chooses to offer a meal break lasting less than 30 minutes, employees must be paid for that time.
No LawFor Rest Breaks
Kansas law does not require rest breaks. However, the Kansas Department of Labor (KDOL) recommends that employers provide a ten-minute rest break for every four hours worked. These breaks should be paid.
Kansas Leave and Paid Time Off (PTO)
Per the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for family-related reasons, including:
- Birth of a child
- Adoption or foster care
- Serious health conditions affecting the employee or immediate family members
Employees must have worked for a company with 50+ employees, for at least 12 months, and have completed 1,250 work hours to be eligible.
Employers in Kansas are not legally obligated to provide sick leave, but many choose to offer these benefits to their employees.
Kansas law also does not mandate paid vacation leave. Employers may provide it at their discretion and must follow their own policy.
State employees receive up to 30 days of paid military leave annually for:
- Active or inactive duty
- National Guard duty
- Weekend drills
All public employees, including National Guard members, are eligible for this paid leave.
Employees can take up to 8 days of unpaid leave per calendar year if they are victims of domestic violence or sexual assault, using available accrued leave first.
Employees can receive:
- Up to 30 days of paid leave for organ donation
- Up to 7 days for bone marrow donation
- Up to 3 hours for blood donations
This leave is available to state employees only.
Regular employees are entitled to paid leave for the duration of their jury service.
Employees can take up to 6 paid days for the loss of an immediate family member or close relative.
Certified disaster service volunteers can take up to 20 days of paid leave for American Red Cross activities.
Kansas Wages and Overtime
$7.25 /hourMinimum Wage
The minimum wage in Kansas is $7.25 per hour. This amount aligns with the federal minimum wage.
1.5x HourlyOvertime Rate
Employees receive 1.5 times their regular rate for hours worked over 40 hours per week.
$2.13 /hourTipped Employees
For tipped employees, the minimum wage is $2.13 per hour. Employers must ensure that the total earnings (including tips) meet or exceed the state minimum wage of $7.25 per hour.
Once /MonthPay Frequency
Kansas law requires that employers pay employees at least once per calendar month, with regular paydays designated in advance. Employers may choose to pay weekly, biweekly, or monthly, but must provide a written statement of wages and deductions for each pay period
All cities and municipalities in Kansas follow the same minimum wage law without any local ordinances establishing different rates.
Aside from tipped employees, the following also receive sub-minimum wage in Kansas.
- Training Wage for Young Employees: Employers can pay new employees under the age of 20 a training wage of $4.25 per hour for the first 90 calendar days of employment.
- Full-Time Students: Full-time students working in certain sectors (like retail or agriculture) can be paid 85% of the minimum wage, which amounts to approximately $6.16 per hour.
Historically, certain disabled workers were allowed to be paid sub-minimum wages under specific conditions. However, as of February 8, 2024, Kansas has outlawed sub-minimum wage practices for disabled individuals, ensuring they must be paid at least the minimum wage.
Employees exempt from Kansas’ minimum wage law include executive, administrative, and professional employees, all of whom must be paid on a salary basis with a minimum earning of $1,128 per week starting January 1, 2025.
Computer employees are also exempt, provided they earn at least $1,128 per week or $27.63 per hour.
Highly compensated employees earning $107,432 or more annually are exempt as well.
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Kansas Prevailing Wages
In Kansas, public works projects are governed by the FLSA and federal wage laws. While the state does not have its own prevailing wage regulations, contractors on federally-funded projects must comply with the Davis-Bacon Act. This ensures that workers receive fair compensation for their specific job classifications on public infrastructure projects.
Contractors are required to maintain accurate payroll records and comply with wage and safety standards outlined by federal law. This combination of protections ensures that public works employees in Kansas receive fair wages and work in safe conditions.
Kansas Prevailing Wage Resources
Kansas Child Labor Laws
Kansas child labor laws align with the federal Fair Labor Standards Act (FLSA), regulating the types of work minors can perform and restricting work hours to ensure their safety and education. Below is a breakdown of the rules for minors under 18 in Kansas.
< 14 Years
Laws in Kansas for children under 14
- Generally prohibited from employment in most occupations.
- Exceptions include non-hazardous work in family-owned businesses, household chores, paper routes, farm work, and acting.
14–15 Years
Laws in Kansas for children between 14 and 15
- Restrictions apply to the types of jobs and hours they can work.
- Employment cannot interfere with schooling.
- Work is limited to non-hazardous occupations.
16–17 Years
Laws in Kansas for children between 16 and 17
- Prohibited from working in any occupation deemed dangerous or hazardous to health, safety, or morals.
- Jobs classified as hazardous under federal regulations, such as those in the FLSA, are off-limits.
Other Essential Kansas Labor Laws
Health and Safety Standards in Kansas
In Kansas, employers must provide a safe and healthy work environment for their employees. The main regulatory framework for workplace safety comes from the Kansas Occupational Safety and Health Act (KOSH Act).
In Kansas, employers must…
- Provide a workplace free from recognized hazards that could cause death or serious harm.
- Comply with OSHA safety and health regulations.
- Implement safety policies, conduct training, and notify employees of hazards.
- Undergo inspections and make necessary corrections within 60 days to avoid penalties.
In Kansas, employees should…
- Report unsafe conditions to their employer or OSHA.
- Refuse work they reasonably believe poses a risk of serious injury or death.
- Follow safety protocols provided by their employer.
Report health and safety violations (unsafe working conditions) in Kansas to…
- Employees: OSHA online complaint form
- Employers: Kansas Department of Labor’s Industrial Safety and Health Division
Hiring and/or Firing Employees in Kansas
Kansas is an at-will employment state, meaning that either the employer or the employee can terminate the employment relationship at any time, for any reason, or for no reason at all, as long as it does not violate anti-discrimination laws or public policy exceptions.
Kansas is a right-to-work state. This means that employees cannot be compelled to join a labor union or pay union dues as a condition of employment. The law protects employees’ rights to make their own decisions regarding union membership.
Kansas follows the Fair Credit Reporting Act (FCRA) for background checks. Employers must inform applicants if background checks are part of the hiring process.
Drug testing is not heavily regulated by Kansas law, but employers may require drug tests as a condition of employment after extending a conditional job offer.
Kansas follows federal EEO laws, prohibiting discrimination in hiring, firing, and workplace conditions based on race, color, religion, sex, national origin, disability, and more. Employers must provide reasonable accommodations to employees with disabilities unless it causes undue hardship
Kansas law provides protections for employees who report violations of laws or regulations (whistleblowers), ensuring they cannot be retaliated against for such actions.
Anti-Discrimination Laws in Kansas
In Kansas, anti-discrimination laws are designed to protect individuals from discrimination in employment based on specific characteristics. The Kansas Act Against Discrimination (KAAD) prohibits discrimination in employment, housing, and public accommodations.
Employers in Kansas may not discriminate against job applicants based on…
- Race
- Color
- Religion
- Sex
- National Origin
- Disability
- Age
Employee Resignation or Termination in Kansas
In Kansas, employment is generally considered “at-will,” meaning that either the employer or the employee can terminate the employment relationship at any time for any lawful reason.
However, there are exceptions to this rule. Employees cannot be terminated for discriminatory reasons or for exercising certain legal rights, such as filing a complaint about workplace safety or discrimination.
If an employee resigns, they may be eligible for unemployment benefits if they can demonstrate that they left for “good cause,” such as unsafe working conditions or harassment.
Unemployment Benefits in Kansas
Workers in Kansas are eligible for unemployment benefits if they…
- Have lost their job through no fault of their own: This includes being laid off, terminated without just cause, or experiencing a reduction in hours.
- Have earned sufficient wages during their base period: Typically, this means having wages in at least two quarters of the last four completed quarters before applying.
- Are able and available to work: Claimants must actively seek employment and be ready to accept suitable job offers.
Use this website to start your application for unemployment benefits in Kansas:
Kansas Department of Labor – Unemployment Benefits
COBRA Benefits in Kansas
Separated employees in Kansas may extend employer-provided health care coverage through COBRA, which stipulates…
- Continuation of Coverage: Employees can maintain their group health insurance coverage for a limited time after separation from employment.
- Eligibility: To qualify, employees must have been covered under the employer’s health plan at the time of separation.
- Notification Requirement: Employers must notify employees of their rights to continue coverage under COBRA within a specified timeframe after termination.
Final Paychecks in Kansas
Separated employees in Kansas must receive their final paychecks, following these guidelines;
- Employers are required to pay all wages owed by the next regular payday following the employee’s termination.
- Final paychecks can be issued via check or direct deposit, depending on the employer’s policy.
- Employers may only make lawful deductions from final paychecks as permitted by state and federal law.
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Kansas Recordkeeping Requirements
1 Year
Employers must retain these documents for at least one year:
- Payroll records, including time cards, wage rate tables, and work and time schedules for employees
2 Years
Employers must retain these documents for at least two years:
- Supplementary basic records, including records on which wage computations are based, such as time, work, and earning cards or sheets
3 Years
Employers must retain these documents for at least three years:
- Employee information, including name, address, date of birth, occupation, rate of pay, and compensation earned by each employee.
- Wage payment records, including the date of payment and the pay period covered by each payment.
- Records of any additions to or deductions from wages paid.
- Employers covered by the Fair Labor Standards Act (FLSA) must keep additional records, such as the total hours worked each day and week, total daily or weekly straight-time earnings, and total overtime earnings for each workweek.
4 Years
Employers must retain these documents for at least four years:
- Payroll records, including time cards, wage rate tables, and work and time schedules for employees.
- Tax records, including federal and state income tax withholding, Social Security, and Medicare tax records.
Penalties for Kansas Wage Law Violations
$500+Wage Violations
Employers who fail to pay earned wages, including minimum wage, can face penalties under the Kansas Wage Payment Act, including unpaid wages, liquidated damages (up to 100%), and fines. Repeat offenders may face fines of $500+ and possible imprisonment for severe violations.
Up to $20,000 /yearMisclassification
Employers who misclassify employees may face penalties, including unpaid taxes, fines up to $2,000 per violation (up to $20,000 per year), and repayment of withheld premiums or wages. Repeat offenses can lead to higher penalties.
Up to $50,000Child Labor Violations
In Kansas, child labor violations carry penalties of up to $11,000 per violation under the Fair Labor Standards Act (FLSA). If a violation results in death or serious injury, the fines can increase to $50,000 per violation and may double for willful or repeated violations. Additional penalties apply for employing minors under 14 or violating work hour restrictions for minors aged 14-17.
$5,000+Anti-Discrimination
Kansas enforces anti-discrimination laws through the Kansas Human Rights Commission. Violations, such as discrimination based on race, gender, disability, or age, can result in fines exceeding $5,000. Affected employees can also pursue civil lawsuits, potentially leading to further compensatory damages.
In Kansas, labor law violations are investigated and addressed by…
- Kansas Department of Labor (KDOL) for wage, minimum wage, and workplace safety violations.
- U.S. Department of Labor (DOL) for federal labor laws, including wage and overtime violations.
- Equal Employment Opportunity Commission (EEOC) for discrimination complaints.
- Kansas Human Rights Commission (KHRC) for state-level employment discrimination cases.
- Occupational Safety and Health Administration (OSHA) for workplace safety and health violations.
Further Details on Other Kansas Labor Laws
Professional Employer Organizations (PEOs) Regulation
Kansas law regulates PEOs to ensure compliance with state and federal employment laws.
- PEOs must register with the Commissioner of Insurance.
- PEOs share employment-related responsibilities with clients.
- PEOs help businesses follow wage, benefit, and labor laws.
- PEOs assist in complying with workers’ compensation laws.
- PEOs provide support for integrating HR systems.
Yes, Kansas does not have laws mandating meal or rest breaks for adult employees. Therefore, it is legal for an employee to work 8 hours without a break.
Kansas employment laws cover various aspects, including minimum wage, overtime, wage payment, and anti-discrimination regulations. The Kansas Wage Payment Act governs how employers must pay employees, and the state adheres to federal laws like the Fair Labor Standards Act (FLSA) for wage and hour standards.
There is no specific limit on daily working hours for adult employees in Kansas. However, employers must comply with overtime regulations if employees work more than 46 hours in a week.
Yes, it is illegal for employers to fail to pay overtime to eligible employees. Under Kansas law, employees must receive overtime pay at a rate of 1.5 times their regular pay for hours worked over 46 hours in a week.
Kansas law does not require employers to pay out accrued paid time off (PTO) upon termination unless the company’s policy states otherwise. Employers are encouraged to outline their PTO policies clearly.
Generally, full-time employment is considered to be 40 hours per week. However, some employers may classify 32 hours as full-time based on their specific policies or benefits eligibility criteria.
Full-time status can vary by employer but is typically defined as working 40 hours per week. Employers may set their own criteria for full-time status based on company policies or benefits eligibility.
