Contact Us

Office of Employment Standards
401 SW Topeka Blvd
Topeka, KS 66603
785-296-5000 opt. 1068

FAQs

Are salaried employees entitled to overtime?

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

Yes.
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)?

Yes
Can an employer adopt a vacation policy which provides that vacation days are earned only upon reaching the employee's anniversary date and no payment will be made if employment ceases before the anniversary date?

Yes.
Can my employer fire me?

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.
Can my employer make me work overtime?

Yes, unless you are under the age of 16.
Can my employer require me to take a drug test as a condition of employment?

Yes.
Does an employer have to pay for all hours worked and services rendered?

Yes, if the employer has authorized you to work or accepts the benefit of your work.
Does my employer have to offer vacation or sick leave?

The law does not require your employer to offer vacation or sick leave. However, many employers provide this as a benefit for their employees.
Does my employer have to pay holiday pay?

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

No, unless it is a stated company policy.
How do I determine whether state or federal overtime requirements apply?

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

No.
If I quit or am fired, am I entitled to payment for my unused accrued vacation time?

Only if your employer has a policy or practice of paying for unused vacation time.
Is an employee required to give two weeks' notice when quitting a job?

No. Because Kansas is an employment at will state, an employee can quit his/her job without any notice.
Is an employer required to pay for jury duty or allow time off for jury duty?

An employer must give employees time off for jury duty, but the employee does not have to be paid.
Is overtime due after eight hours a day, Sunday or holidays?

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

For more information, please visit the U.S. Department of Labor website or contact the Federal Wage and Hour Division at (913) 551-5721.
What breaks are required under state and federal law?

Breaks are not required under state or federal law. However, many employers schedule breaks to boost employee morale and productivity.
What is the maximum number of hours per day my employer can make me work?

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 three hours on a school day and eight hours on a non-school day.
What overtime rules should an employer follow - state or federal?

Contact Federal Wage and Hour at (913) 551-5721 to inquire if federal laws apply to your business.
When is overtime pay required?

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

Workplace Laws and Requirements

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Reporting Workplace Violations

We enforce the state labor laws for minimum wage, hours of work, employment of minors, payment of wages, farm labor, and more. We can issue fines and penalties, as well as investigate complaints regarding labor law violations. All workers are entitled to fair wages and are protected by labor laws. The Office of Employment Standards is here to protect you.

Wage Claims

Kansas law provides a procedure for our Office of Employment Standards to help you collect your unpaid wages. A wage claim is made when you believe you have not been paid all of your earned wages. Once you file your wage claim, the Office of Employment Standards will review it to make sure it is complete and can be processed. If there are any issues found that would prevent your claim from processing, you will be notified of what it is and what you can do to fix it.

Human Trafficking

Human trafficking is a situation in which an individual is compelled to work or engage in commercial sex through the use of force, fraud or coercion. If the individual is under the age of 18 and engaging in commercial sex, they are experiencing trafficking regardless of whether force, fraud, or coercion is also taking place. If you or someone you know is in immediate danger, please call 911.

Child Labor

The U.S. Department of Labor enforces the Fair Labor Standards Act of 1938 (FLSA), limiting the extent of work that children can perform. Generally, children must be at least 14 years of age in order to work. Exceptions to this law include but are not limited to children employed by their parents in non-hazardous occupations, household chores, paper routes, farm work and child actors/actresses.

If you think that an employer is in violation of the child labor Laws, you can contact the Office of Employment Standards at (785) 296-5000 ext. 1068. This office will then conduct an investigation of the complaint or we will refer it to the U.S. Department of Labor/Wage & Hour Division for action.

Child Labor Laws FAQ's
- How many hours can children work?
  This also depends on the child's age. Children under 16 can work up to three hours on a school day, 18 hours in a school week, 8 hours on a non-school day, 40 hours on a non-school week. If the employer is not covered by the Fair Labor Standards Act, the children under 16 may not work more than eight hours in one day, nor more than 40 hours in one week.
- Is a work permit required?
  The state of Kansas requires work permits for children under the age of 16 who are not enrolled in or attending secondary school.
- What hours can children work?
  This depends on the child's age. Under the Fair Labor Standards Act, children under 16 can work between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m. If the employer is not covered by the Fair Labor Standards Act, the hours are 7 a.m. to 10 p.m. when school is in session. Most employers are covered by the Fair Labor Standards Act.
- What if I need legal advice?
  Disclaimer: The information below is not legal advice. If you need legal advice, you should consult an attorney.

Learn about Kansas Wage Laws

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.

Kansas Minimum Wage and Overtime Law (K.S.A. 44-1201 et. seq.)
Guarantees a minimum wage of $7.25 for workers above the age of 18 years. 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.

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.

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.

Read the Kansas Wage Payment Act

44-313: Definitions

44-314: Pay periods

44-315: Separation prior to payday; damages for willful non-payment

44-316: Payment of undisputed wages; remedies retained

44-317: Liability under subcontracts

44-318: Deceased employees

44-319: Withholding of wages

44-319a: Automatic enrollment in an employee retirement plan; requirements

44-320: Notification to employees

44-321: Waivers prohibited

44-322: Enforcement; hearings; powers of secretary; contempt

44-322a: Enforcement; hearing; action of secretary; judicial review

44-323: Assessment of interest; who deemed employer

44-324: Proceedings; assignment of claims taken by secretary, when; fee; wage claims assignment fee fund

44-325: Rules and regulations

44-326: Severability

44-327: Agreements with other states to collect wages and perform reciprocal services

File a COVID-19 Vaccine Complaint

During the Special Session of 2021, the Kansas Legislature passed H.B. 2001, which took effect on November 23, 2021. If an employer implements a COVID-19 vaccine requirement, Section 1 of H.B. 2001 requires the employer to exempt an employee from such requirement, without punitive action, if the employee submits a written waiver request to the employer stating the reason and complying with such requirement would:

Endanger the life or health of the employee or an individual who resides with the employee, as evidenced by an accompanying written statement signed by a physician or another person who performs acts pursuant to practice agreements, protocols or at the order, direction or delegation of a physician; or
Violate sincerely held religious beliefs of the employee, as evidenced by an accompanying written statement signed by the employee.

Punitive action means any of the following actions related to the employee's exemption request: Dismissal, demotion, transfer, reassignment, suspension, reprimand, warning of possible dismissal, withholding of work or assessing any monetary penalty or unreasonable charge.

An employee aggrieved by a violation of Section 1 of H.B. 2001 may file a complaint with Kansas Department of Labor (KDOL) alleging their employer failed to offer an exemption, improperly denied an exemption request, took punitive action against them, or committed any other violation of Section 1 of H.B. 2001.

If you believe your employer failed to offer an exemption, improperly denied an exemption request, took punitive action against you, or committed any other violation of Section 1 of H.B. 2001, complete the form.

Employer COVID-19 Vaccine Requirement/Exemptions Complaint

Apply for a Private Employment License

A private employment agency is an employment agency where the person seeking a job has to pay a fee to the employment agency. Temporary employment agencies that charge a fee to people seeking workers are not private employment agencies under the law.

In order to operate a private employment agency, a person must obtain a license from the Kansas Department of Labor. The cost is $25, and the license must be renewed each year. The license must list the private employment agency's address. The private employment agency must display their license in an area where people can see it. They also have to display nearby a copy of the Kansas Law on Private Employment Agencies (K.S.A. 44-401 through 44-412).

People who apply for a private employment agency license must also post a bond of $500. If they violate any conditions of their license, they may lose the bond.

Understand Non Workers Compensation Medical Fees

K.S.A. 65-6827, enacted in 2011, directed the Secretary of KDHE to set the fee providers could charge for medical records. However, K.S.A.65-6827 was repealed effective July 1, 2013.

The reason for the repeal was the HIPAA Privacy Rule dictates how such fees were to be determined: "[T]he covered entity may impose a reasonable, cost-based fee…." As the cost basis necessarily varies among providers, KDHE decided that a standard set fee could not meet HIPAA's requirement. [See, 45 CFR 164.524 (c)(4)]

The only guidance as to what a provider can charge is that the provider’s charge be: 1) cost-based, i.e., bear a relationship to the actual cost of reproducing the record; and 2) that the amount charged be reasonable. Failure to comply with this criteria could constitute a HIPAA violation.

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