Workplace Laws and Requirements

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.

Child Labor

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.

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.

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

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.