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Workplace Laws and Requirements

Frequently Asked Questions

Workplace Laws
Working Conditions
Overtime
Fringe Benefits

Laws Enforced by the Office of Employment Standards

Disclaimer: The Kansas Wage Laws listed on this Web site are summarized. Varying factors may affect applicability of laws. Therefore, feel free to contact us regarding any issues of concern.

Kansas  Wage Payment Law (K.S.A. 44-313 et. seq.)

Establishes: Definitions of employer, employee, and wages; when wages must be paid, including at separation of employment; payment of undisputed wages; liability of general contractors; rules on withholding of wages; rules on notifications to employees; assessment of interest and/or penalties; the hearing process; individual liability of corporate officers or agents and more.

For more information see Wages.

Kansas Minimum Wage and Overtime Law (K.S.A. 44-1201 et. seq.)

Guarantees a minimum wage of $2.65 per hour for workers 18 years of age and older. Overtime pay is required after 46 hours of work in a work week. Employees and employers who are covered by the Fair Labor Standards Act (FLSA), which is Federal law, are not covered by this law.

For more information see Wages.

Kansas Child Labor Law (K.S.A. 38-602 and K.S.A. 38-603).

Regulates the employment of workers under 18 years of age. This law protects children by prohibiting work in hazardous occupations for individuals under the age of 18, and limiting work hours for workers 14 or 15 years of age. Workers under 14 years of age (with a few exceptions) cannot be employed. Again, most companies are covered by the Federal Law.

For more information see Child Labor Laws.

Kansas Private Employment Agency Law (K.S.A. 44-401 et. seq.)

Sets forth licensing procedures for private employment agencies covered by the act. Identified parties should contact the department for specifics on this statute.

For more information see Private Employment Agencies.

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Working Conditions

Disclaimer: The following information is not legal advice. If you need legal advice, you should consult an attorney. All the answers below are unless there
is a written contract that specifies otherwise.

Q. What breaks are required under state and federal law?

A. Breaks are not required under state or federal law. However, many employers schedule breaks to boost employee morale and productivity.

Q. Can my employer make me work overtime?

A. Yes, unless you are under the age of 16.

Q. Can my employer fire me?

A. Yes. Kansas is an employment at will state which means your employer can fire you for any non-discriminatory and/or non-retaliatory reason. However, there are some exceptions to this doctrine.

Q. Is an employee required to give two weeks notice when quitting a job?

A. No. Because Kansas is an employment at will state, an employee can quit their job without any notice.

Q. What is the maximum number of hours per day my employer can make me work?

A. Theoretically your employer can make you work 24 hours a day unless you are under the age of 16. If you are under 16 you cannot work more than 3 hours on a school day and 8 hours on a non-school day.

Q. Can my employer require me take a drug test as a condition of employment?

A. Yes.

Q. Is an employer required to pay for jury duty or allow time off for jury duty?

A. An employer must give employees time off for jury duty, but it does not have to be paid.

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Overtime

Disclaimer: The following information is not legal advice. If you need legal advice, you should consult an attorney.

Q. When is overtime pay required?

A. State law states that overtime is due once an employee has worked 46 hours within a week. Federal law states that overtime is due once an employee has worked 40 hours within a week.

Q. Is overtime due after 8 hours a day, Sunday or holidays?

A. Under Federal law, overtime is due once an employee has worked 40 hours within a week unless the employee has a written contract that specifies something different.

Q. Are salaried employees entitled to overtime?

A. It depends on whether or not they are classified as exempt. If they are salaried but not exempt, they are still entitled to overtime. Whether or not a person is exempt depends on what kind of work they do. The information provided by the U.S. Department of Labor explains this in more detail.

Q. If an employee wants to work overtime (in excess of 40 hours in the workweek) and will accept straight time, can the employee waive his/her right to overtime pay?

A. No.

Q. Does an employer have to pay for all hours worked or services rendered?

A. Yes, if the employer has authorized you to work or accepts the benefit of your work.

Q. How do I determine whether state or federal overtime requirements apply?

A. The determining factors involve the amount of annual revenue and interstate commerce of a business.

Q. What overtime rules should an employer follow - state or federal?

A. Contact Federal Wage and Hour at (913) 551-5721 to inquire if federal laws apply to your business.

Q. What are the changes in the new federal overtime rules?

A. Contact Federal Wage and Hour at (913) 551-5721 to inquire. You may also visit their Web site at www.dol.gov

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Fringe Benefits

Disclaimer: The following information is not legal advice. If you need legal advice, you should consult an attorney.

Q. Does my employer have to offer vacation or sick leave?

A. The law does not require your employer to offer vacation or sick leave. However, many employers provide this as a benefit for their employees.

Q. Does my employer have to pay holiday pay?

A. The law does not require your employer to offer holiday pay, but many employers provide this as a benefit for their employees.

Q. Does my employer have to pay severance pay?

A. No, unless it is a stated company policy.

Q. If I quit or am fired, am I entitled to payment for my unused accrued vacation time?

A. Only if your employer has a policy or practice of paying for unused vacation time.

Q. Can an employer adopt a vacation policy which provides that unused days at the end of the year are lost (rather than being carried over or paid?)

A. Yes.

Q. Can an employer adopt a vacation policy which provides that vacation days are earned only upon reaching the employee's anniversary date and, as such, no pro rata use or payment will be made if employment ceases before the employee reaches his anniversary date?

A. Yes.

Q. Can an employer adopt a vacation policy which provides that new employees do not earn any vacation time until reaching the first anniversary date?

A. Yes.

For more information, contact us at:

Kansas Department of Labor
Employment Standards
401 SW Topeka Boulevard
Topeka, KS 66603
(785) 296-4062

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Page last updated September 3, 2008