It’s important to stay up to date on all of the employment laws in your state so that you can maintain compliance in your business. We did some of the hard work for you and put some of the most important Kansas statutes in one place so you can either learn them for the first time or give yourself a refresher.
However, remember that our summary is not qualified legal advice, laws are always subject to change, and they can vary from municipality to municipality.
It’s up to you to make sure you’re compliant with all laws and statutes in your area. Consult with a qualified lawyer and/or your local government agencies if you have questions or concerns.
Here are a few Kansas labor laws every small business owner should know.
First, here are a few helpful links and resources for you to bookmark and refer back to:
- Sick Days: Employers are not required to provide paid or unpaid sick leave but must comply with their own established policies if they choose to implement one.
- Medical Leave: Employers may be required to provide an employee unpaid leave in accordance with the Family and Medical Leave Act or other federal laws.
- Vacation Leave: Employers are not required to provide paid or unpaid vacation leave but must comply with their own established policies if they choose to implement one.
- Employers may establish a contract denying payment for accrued vacation leave upon separation of employment.
- The contract may also disqualify employees from payment for vacation leave upon separation from employment if they do not follow certain requirements such as giving two weeks notice.
- The amount of vacation leave accrued over time may be capped in the policy.
- Employers may implement a “use-it-or-lose-it” policy requiring employees to use their accrued leave by a certain date.
- Jury Duty: Employers are not required to pay an employee for time taken to respond to a jury summons, but they are not allowed to punish the employee in any way.
- Holiday Leave: Private employers are not required to provide paid or unpaid time off for holidays.
- Voting Leave: Registered voters are allowed to leave work for up to 2 hours to vote if they do not have time before or after their shift to do so.
- Bereavement Leave: Employers are not required to provide bereavement leave.
Employers must pay employees who separate from employment all final wages by the next regularly scheduled payday, no matter the reason for separation.
The current minimum wage in Kansas is $7.25.
The current minimum wage for tipped employees is $2.13.
- Minors under the age of 16 are subject to the following time restrictions:
- When public school is in session:
- No working during school hours (except on a farm for a parent or guardian)
- May work up to 3 hours on school days
- May work up to 8 hours on non-school days
- A maximum of 18 hours per week
- Not earlier than 7am or later than 7pm
- When public school is not in session
- May work up to eight hours per day
- A maximum of 40 hours per week
- Not earlier than 7am or later than 7pm between June 1 and Labor Day
- When public school is in session:
- Minors 16 and 17 years old may not work during school hours when public school is in session.
Meal and Rest Breaks, Overtime
- Employers covered under the FLSA are required to pay employees an overtime rate of one and a half times their regular rate for all hours worked in a workweek in excess of 40, unless the employee is otherwise exempt.
- Kansas labor laws require employers to pay overtime to employees not covered by the federal Fair Labor Standards Act (FLSA) at a rate of 1½ time their regular rate when they work more than 46 hours in a workweek, unless otherwise exempt.
- Kansas law makes it illegal for an employer to discriminate on the basis of race, religion, color, sex, disability, ancestry, national origin and age. Genetic screening and testing in the area of employment are also prohibited.
- Click here to read our blog on what acceptable and unacceptable questions to ask during an interview.
Kansas is an employment-at-will state, which means that without a written employee contract, employees can be terminated for any reason at any time, provided that the reason is not discriminatory and that the employer is not retaliating against the employee for a rightful action.
There are currently no laws regarding shift scheduling in Kansas.