Kansas workers are protected by both federal and state laws regarding wage and hour requirements. The primary federal law which governs wages and hours is the Fair Labor Standards Act. Kansas also has labor laws which address state wage and hour requirements.
Minimum Wage and Overtime in Kansas
The current minimum wage in Kansas for non-exempt employees is $7.25 per hour. Examples of exempt employees include tipped employees and full-time students working part-time. The minimum for tipped employees is $2.13 per hour. However, tips earned must be enough to bring the employee up to the $7.25 state minimum. Otherwise, the employer must pay the difference.
Under Kansas law, non-exempt employees are paid overtime at 1.5 times the usual hourly rate for any work in excess of 46 hours. However, under the federal law, non-exempt employees are to be paid 1.5 times the usual hourly rate for any work in excess of 40 hours per week.
Pay Day Requirements in Kansas
Employees are to be paid at least once a month on regular pay days designated by the employer.
Kansas Wage and Hour Laws
The following table outlines wage and hour laws in Kansas
$7.25 per hour
Non-exempt employees are paid overtime at 1.5 times the usual hourly rate for any work in excess of 46 hours.
|Pay Day Requirements||
At least once a month.
|Persons Not Covered by State Minimum Wage Laws||
The minimum is $2.13 per hour for tipped employees. However tips earned must be enough to bring the employee up to the $7.25 state minimum. Otherwise, the employer must make up the difference.
An employer who pays less than the minimum applicable wage including overtime or compensatory time off is subject to civil penalties of up to $1,000 and the employee may bring an action to recover the full amount of wages less any wages paid. The employee may also recover costs such as reasonable attorney's fees.
An employee may file a claim for wages with the Kansas Department of Labor regarding unpaid or underpaid wages. Thereafter, a hearing is held where a presiding officer reviews evidence submitted and listens to witnesses testify before issuing a decision. The decision may be appealed to the Secretary of Labor.
Kansas Wage and Hour Laws: Related Resources
State labor laws can be confusing. If you would like legal assistance with an employment matter, you can contact a Kansas employment attorney. You can also visit FindLaw’s sections on Wages & Benefits: Overview, Fair Wages FAQ, and the federal Fair Labor Standards Act (FLSA) for more articles and information on this topic.
Contact a qualified attorney.