Workplace Laws and Requirements FAQs

Employers must abide by workplace laws and requirements defined on both a federal and state level. All workplace laws are enforced by the Kansas Department of Labor Employment Standards Division. Please select from a Workplace Laws and Requirements category below to get more help. 


Fringe Benefits

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 severance pay?

No, unless it is a stated company policy. 

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. 

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. 

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 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 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.

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. 

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. 

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.

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. 

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. 

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. 

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. 

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. 

Can my employer make me work overtime?

Yes, unless you are under the age of 16. 

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. 

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. 

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. 

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

Yes. 

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. 

What is the minimum wage in Kansas?

The Kansas minimum wage is $7.25 per hour. 

What is the Federal minimum wage?

The Federal minimum wage is $7.25 per hour

Am I covered by the Kansas minimum wage law?

All employees not covered by the Federal Fair Labor Standard Act must be paid Kansas minimum wage. Contact Federal Wage and Hour at (913) 551-5721 to inquire about whether your company is covered by the Federal Fair Labor Standards Act.

How often do I have to be paid?

Your employer must pay you at least once a month. Your employer must pay on regular paydays and inform you of paydays in advance. 

Can my employer make me participate in direct deposit?

Unless you work for the federal government, your employer cannot make you participate in direct deposit. However, many employees find it is more convenient to be paid through direct deposit.

Yes, but your employer must still withhold for taxes.

Can my employer change my rate of pay?

Yes, your employer can change your pay, but they must give you notice before they do it. Your employer can not change your rate of pay retroactively. 

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

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

What kind of information is my employer supposed to put on my pay stub?

Your employer is not required to put anything on your pay stub. However, if you request it, your employer must provide you with an itemized statement of deductions for each pay period. 

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 offer severance pay?

No, unless it is a stated company policy.

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 that employees will be paid for unused vacation time. 

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

How old does a child have to be in order to work?

Generally, children must be at least 14 years of age in order to work. However, there are some exceptions to this. Exceptions 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. 

Are there any exceptions to the age requirement?

Yes. Exceptions include but are not limited to: children employed by their parents, household chores, paper routes, farm work and child actors/actresses. 

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. 

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.