Workplace Laws and Requirements

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:

1. 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
2. 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.