(650) 332-8623Kansas Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
Kansas labor laws 2026: wages, overtime, breaks, child labor, and compliance rules construction employers must know.
What’s new in 2026?
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 Kansas minimum wage is $7.25 per hour. This matches the federal minimum under the Fair Labor Standards Act (FLSA). Most construction employers in Kansas automatically satisfy state law by meeting the federal rate.
One narrow exception exists under the Kansas Minimum Wage Act (K.S.A. 44-1201). Employers with gross annual sales under $500,000 may pay as little as $2.65 per hour under state law. But federal FLSA coverage overrides the state rate for most contractors. If any of your payroll activity touches interstate commerce, pay $7.25.
1.5x HourlyOvertime Rate
Employees receive 1.5 times their regular rate for hours worked over 40 hours per week.
The single most common payroll error among Kansas construction employers is applying the wrong overtime threshold. There are two, not one.
Federal FLSA requires overtime pay after 40 hours per workweek for covered employers. Kansas state law under K.S.A. 44-1204 sets overtime after 46 hours per workweek for employers outside FLSA coverage. Apply both rules correctly and you avoid double liability.
$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.
Kansas has no tipped minimum wage applicable to construction. Kansas work laws regarding tips apply to food and beverage service, not field crews.
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
Construction is one of the most heavily regulated industries for minors. Review KDOL’s child labor requirements and federal DOL hazardous occupations orders before assigning any minor to a task.
< 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
Minors aged 14 to 15 may work no more than 3 hours on a school day, 8 hours on a non-school day, and 18 hours during a school week. During summer, the weekly limit rises to 40 hours. No minor under 16 may work before 7 a.m. or after 7 p.m. during the school year. The evening limit extends to 9 p.m. between June 1 and Labor Day.
Keep 14- and 15-year-olds off active construction sites. Their permitted tasks are narrow. The hazard exposure on even a light remodel job makes this age group impractical for field work.
16–17 Years
Laws in Kansas for children between 16 and 17
Minors aged 16 and 17 face no hour restrictions under Kansas state law. But federal hazardous occupations orders prohibit these workers from specific tasks. Roofing, excavation, demolition, operating power saws, working in trenches, and operating heavy equipment are all prohibited.
A 17-year-old can hold tools, assist on prep work, and perform light material handling under close supervision. They cannot operate a skid steer or work on a scaffold over 20 feet.
Penalties under K.S.A. 38-612
Violations of Kansas child labor laws carry civil penalties under K.S.A. 38-612. KDOL enforces these rules through complaint investigations and periodic audits. A single violation can trigger a full inspection of your entire jobsite operation. Keep work permits on file and verify ages before assigning any minor to a task.
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 follows at-will employment. Either party may end the employment relationship at any time, for any legal reason, with no prior notice required. This applies to most Kansas construction workers.
At-will employment in Kansas has three court-recognized exceptions. First: firing someone for exercising a statutory right violates public policy. Terminating a worker because he filed a workers’ compensation claim is the clearest example in construction. Second: a signed employment contract can override at-will status. Third: language in your employee handbook can create implied contractual rights.
Kansas is a right-to-work state under K.S.A. 44-831. Employees cannot be required to join a union or pay union dues as a condition of employment. This rule applies even on union job sites and under collective bargaining agreements.
On a union project, a Kansas worker may perform the work without joining the union. The employer cannot make membership a condition of hire. The union cannot enforce it as a job-site requirement.
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
Under K.S.A. 44-315, final wages after termination or resignation are due no later than the next regular payday. Kansas does not require immediate same-day final pay. But delaying beyond the next scheduled payday creates wage claim liability.
If a concrete finisher resigns on a Wednesday and your regular payday falls on the following Friday, his final check is due that Friday. Don’t wait for the pay period after that.
Workers’ compensation in Kansas
Kansas requires most employers to carry workers’ compensation coverage. If you have one or more employees, you almost certainly need it. Review your obligations through the KDOL Workers Compensation Division.
The maximum weekly workers’ compensation benefit stands at $869 for injuries occurring between July 1, 2025, and June 30, 2026, per the KDOL historic benefit levels table. This cap applies to temporary total disability benefits. Falls from scaffolding, equipment strikes, and trench collapses can all generate multi-year claims under this cap.
Always verify your subcontractors carry their own workers’ comp before any tool hits your site. Collect certificates of insurance naming you as a certificate holder. Review them annually. A framer who gets hurt on your job without coverage becomes your claim if you failed to check.
KDOL’s Division of Workers Compensation investigates coverage compliance. Employers who fail to carry coverage face a fine of up to $25,000 per violation, plus personal liability for any injury claim.
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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.
PEO regulations in Kansas
Professional employer organizations co-employ your Kansas construction workers. They handle payroll administration, benefits, and HR compliance on your behalf. The regulatory framework governing PEOs changed significantly in 2024 and 2025, and every Kansas contractor using a PEO must understand the new structure.
New registration authority: Kansas Secretary of State
Kansas HB 2790 transferred PEO registration authority from the Insurance Commissioner to the Kansas Secretary of State, effective January 1, 2025. PEOs operating in Kansas must now hold a valid registration issued by the Secretary of State.
A PEO that failed to transition its registration is not legally compliant. Using a non-compliant PEO exposes your firm to shared liability for wage and benefit obligations. You can verify registration status on the Kansas Secretary of State’s PEO filings page.
Renewal process under HB 2092
HB 2092 updated the renewal mechanic at the same time. PEOs renew their registrations directly through the Secretary of State’s licensing platform. The prior Insurance Commissioner renewal pathway no longer exists.
Verify your PEO’s renewal status before each contract year. The Secretary of State’s office publishes registration status records publicly. A PEO that missed its renewal is operating outside the law.
Permanent PEO regulations: K.A.R. 7-16-1 et seq.
Permanent administrative regulations under K.A.R. 7-16-1 et seq. took effect January 1, 2025. These rules govern registration requirements, annual financial reporting, and the disclosures a PEO must provide to client employers.
Key obligations for client employers: your PEO must disclose its registration number, provide annual financial statements on request, and notify you of any lapse in registration within 10 days. If your PEO is not meeting these obligations, you have grounds to terminate the relationship.
Kansas construction firms should request a written confirmation of current registration status from their PEO at least annually. Confirm through the Secretary of State’s PEO portal and file it with your compliance records.
Keep your Kansas crew compliant in 2026
Labor compliance is not a one-time task. Overtime miscalculations accumulate every pay period. Child labor violations can shut a site down. PEO registration gaps can make you liable for another firm’s payroll obligations. And KDOL audits don’t announce themselves.
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The Kansas minimum wage is $7.25 per hour, matching the federal FLSA rate. Most Kansas construction employers are FLSA-covered and must pay $7.25. The Kansas Minimum Wage Act (K.S.A. 44-1201) allows employers with gross annual sales under $500,000 to pay $2.65, but federal law overrides this for covered employers. Pay $7.25 to satisfy both. Kansas has not enacted a higher state minimum wage, and no legislation to increase it is currently active.
Kansas has no state law requiring meal or rest breaks for adult employees. Consult KDOL’s workplace FAQ for official confirmation. Federal FLSA rules govern adult break time: paid rest breaks of 20 minutes or less, and unpaid meal breaks of 30-plus minutes only if the worker is fully relieved of duties. Are breaks required by law in Kansas for adults? No — but your own written policy still creates enforceable expectations.
Kansas uses two overtime thresholds. Federal FLSA requires overtime after 40 hours per workweek for FLSA-covered employers. The Kansas state threshold under K.S.A. 44-1204 requires overtime after 46 hours per workweek for non-FLSA-covered employers. Most Kansas construction firms are FLSA-covered, so the 40-hour rule governs. The overtime laws in Kansas require pay at 1.5 times the regular rate for all qualifying hours. When coverage is unclear, use the threshold that favors the employee.
Workers aged 14 to 15 may work up to 3 hours on a school day and 8 hours on a non-school day, with a weekly limit of 18 hours during school weeks. No minor under 16 may work before 7 a.m. or after 7 p.m. during the school year. Workers aged 16 and 17 face no hour limits under Kansas law but cannot perform federally designated hazardous work — including roofing, demolition, excavation, and heavy equipment operation. Violations carry civil penalties under K.S.A. 38-612.
Yes. Kansas is a right-to-work state under K.S.A. 44-831. Workers cannot be required to join a union or pay union dues as a condition of employment. This applies even on union job sites. Kansas employment laws on right-to-work are well established. Right-to-work applies only to membership requirements — not to prevailing wage rates or Davis-Bacon obligations on qualifying federal and state projects.
Yes. Under at-will employment Kansas law, either party may end the employment relationship at any time without prior notice or cause. Three recognized exceptions apply: public policy violations (such as retaliating against a worker for filing a workers’ comp claim), signed employment contracts, and implied contracts created by handbook language. Review your employee handbook for phrases that might unintentionally limit your at-will status.
The Kansas Wage Payment Act (K.S.A. 44-314 et seq.) requires employers to pay wages at least once per month on a designated payday. K.S.A. 44-315 requires final wages after termination or resignation to be paid no later than the next regular payday. Unauthorized deductions from wages are illegal except for taxes and court-ordered garnishments. KDOL enforces violations and can recover back pay plus civil penalties.
The current FLSA overtime exemption salary threshold is $35,568 per year ($684 per week). A federal court vacated the Biden administration rule that would have raised this threshold to $58,656 per year ($1,128 per week) in November 2024. Any site superintendent, project manager, or office administrator earning below $35,568 annually qualifies for overtime pay. Salary alone does not create an exemption — actual job duties must also meet FLSA executive, administrative, or professional tests.
Kansas state law does not require employers to provide paid sick leave. There is no statewide paid sick leave mandate in Kansas as of 2026. Confirm current requirements on the KDOL workplace laws page. Federal FMLA provides up to 12 weeks of unpaid leave for qualifying employees at employers with 50 or more workers, but this is separate from paid sick leave. Some Kansas municipalities may have local ordinances — check your city’s rules before finalizing your leave policy.
The federal FLSA overtime threshold is 40 hours per workweek. The Kansas state threshold under K.S.A. 44-1204 is 46 hours per workweek. Most Kansas construction employers qualify for FLSA coverage and must use the 40-hour rule. Employers not covered by FLSA use the Kansas 46-hour rule. The practical impact is significant: a framing crew member working 44 hours earns 4 hours of overtime under FLSA but zero under Kansas-only rules. When both potentially apply, use the standard more favorable to your worker.
