Labor and Employment Law Overview: Kansas

Labor and Employment Law Overview requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: XpertHR Editorial Team

Summary

  • State law prohibits an employer from discriminating against employees in a variety of protected classes. See EEO, Diversity and Employee Relations.
  • In Kansas, most employees must be paid a statutory minimum wage and be paid overtime. See Wage and Hour.
  • Kansas has a few laws that relate to employee pay and benefits, including how often employees must be paid and health care continuation. See Pay and Benefits.
  • Under Kansas law, employees are entitled to certain leaves including time off for jury duty and voting, military leave and domestic violence leave. See Attendance and Leave.
  • Kansas law prohibits smoking in most workplaces. See Health and Safety.

Introduction to Employment Law in Kansas

Kansas is generally considered an employer-friendly state.

Select Kansas employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with both federal and state law.

An employer must also comply with applicable municipal law obligations affecting the employment relationship, in addition to complying with state and federal requirements.

EEO, Diversity and Employee Relations

Key Kansas requirements impacting EEO, diversity and employee relations are:

The Kansas Act Against Discrimination

The Kansas Act Against Discrimination (KAAD) provisions generally apply to most employers and protect several protected classes from employer discrimination, including:

  • Race;
  • Religion;
  • Color;
  • Sex;
  • Disability;
  • National origin; and
  • Ancestry.

The KAAD also prohibits an employer from using genetic screening or testing information to discriminate against any employee or applicant for employment.

The Kansas Age Discrimination in Employment Act

Most employers are also covered under the Kansas Age Discrimination in Employment Act, which prohibits discrimination in employment on the basis of age.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Additional information on EEO, diversity and employee relations practices in Kansas can be found in the Kansas Employee Handbook Table of Contents, EEO - Discrimination: Kansas, Kansas Workplace Labor and Employment Law Posters and Does This Law Apply to My Organization in Kansas? Federal requirements can be found in EEO - Discrimination: Federal.

Wage and Hour

Key Kansas requirements impacting wages and hours are:

Minimum Wage

An employer in Kansas must pay its employees a minimum wage unless they are exempt. Currently, the state minimum wage is $7.25 per hour.

Overtime

Kansas law requires an employer to pay employees overtime for all hours worked in excess of 46 hours in a workweek. The state's 46-hour overtime threshold will come into play when an employee is exempt from the federal overtime requirements but not exempt from the state's overtime requirements.

Child Labor

Child labor laws in Kansas restrict the occupations in which minors may be employed and the number of hours and times during which they may work.

All minors are prohibited from working in hazardous occupations, and minors under the age of 16 are prohibited from working in a variety of other occupations such as manufacturing or transportation. Child labor laws also list many occupations in which minors are actively permitted to engage, such as office and clerical work.

With some exceptions, children under the age of 16 may not work:

  • For more than eight hours in one calendar day;
  • For more than 40 hours in one workweek; or
  • Before 7 a.m. or after 10 p.m., except on any evening that does not precede a school day.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Additional information on wage and hour practices in Kansas can be found in Minimum Wage: Kansas, Overtime: Kansas, Child Labor: Kansas and Kansas Workplace Labor and Employment Law Posters. Federal requirements can be found in Minimum Wage: Federal, Child Labor: Federal and Overtime: Federal.

Pay and Benefits

Key Kansas requirements impacting pay and benefits are:

Health Care Continuation

Kansas group health policies issued to employers with two to 19 employees generally require that continuation coverage be extended to employees and their covered dependents whose coverage terminates.

Payment of Wages

Kansas law requires an employer to adhere to certain standards when paying its employees, such as the frequency of payments and the provision of itemized pay statements. In addition, upon separation from employment, an employer must generally pay former employees their earned wages by the next regular payday.

Wage Deductions

An employer that makes deductions from an employee's pay to satisfy withholding orders for child support and other wage garnishments must comply with strict requirements related to when the withholding begins, when monies must be submitted and how much can be withheld based on an employee's earnings.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Additional information on pay and benefit practices related to health care continuation, payment of wages and wage deductions in Kansas can be found in Health Care Continuation (COBRA): Kansas, Payment of Wages: Kansas, Involuntary and Voluntary Pay Deductions: Kansas and Does This Law Apply to My Organization in Kansas? Federal requirements can be found in Health Care Continuation (COBRA): Federal, Payment of Wages: Federal and Involuntary and Voluntary Pay Deductions: Federal.

Attendance and Leave

Kansas has several laws relating to required leaves for employees, which cover all employers. These laws include:

  • Maternity leave;
  • Voting/Election leave;
  • Military leave;
  • Domestic violence leave;
  • Jury duty leave; and
  • Disaster service volunteer leave.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Additional information on attendance and leave practices in Kansas can be found in the Kansas Employee Handbook Table of Contents, Jury Duty: Kansas, USERRA: Kansas, and Other Leaves: Kansas. Federal requirements can be found in Jury Duty: Federal, USERRA: Federal and Other Leaves: Federal.

Health and Safety

With limited exceptions, Kansas law prohibits smoking in all places of employment. An employer is required to post signs stating that smoking is prohibited by law and is also required to adopt and maintain a written policy prohibiting smoking in the workplace.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Additional information on health and safety practices in Kansas can be found in the Kansas Employee Handbook Table of Contents, Employee Health: Kansas, Kansas Workplace Labor and Employment Law Posters and Does This Law Apply to My Organization in Kansas? Federal requirements can be found in Employee Health: Federal.