Workplace Laws and Requirements
Complete the Wage Claim form (K-ESLR 105) found below.
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.
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.
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.
If you think that an employer is in violation of the Child Labor Laws, you can contact the Office of Employment Standards. This office will then conduct an investigation of the complaint or we will refer it to the Federal Wage and Hour Office for action.
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.