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.
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 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.
The U.S. Department of Labor enforces Fair Labor Standards Act of 1938 (FLSA), limiting the extent of work that children can perform. 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.
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.
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.
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.
Sets forth licensing procedures for private employment agencies covered by the act. Identified parties should contact the department for specifics on this statute.
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.
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.
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.