Filing a Wage and Hour Claim - Kansas
Does Kansas have state overtime laws that are different from federal law?
Under Kansas law, employers must pay employees at a rate of one and one-half the employee's regular hourly wage for working more than 46 hours in one week. Under federal law, overtime is due after 40 hours in one week. Which law applies depends on a business’s amount of annual revenue and interstate commerce. The right to overtime pay cannot be waived by the employee.
Some employees are exempt from the overtime requirement. Employees engaged in administrative, professional, executive, outsides sales or agricultural activities are exempt from the overtime requirement. Additionally, the following employees are exempt under Kansas law:
- Domestic service employees
- Motor vehicle salespeople
- People serving a sentence in a state prison or county jail
Does Kansas have a minimum wage that is different from federal law?
The current minimum wage in Kansas is $7.25 per hour. Employers can use tips and gratuities to reduce the minimum wage required to $2.13
These are both equal to the federal minimum wage. However, all employees not covered by the federal minimum wage must be paid the Kansas minimum wage.
Do any cities or counties in Kansas have a minimum wage that is different from state or federal law?
No cities or counties in Kansas currently have a minimum wage different from the state minimum of $7.25 per hour.
Does Kansas have meal and rest break requirements, unlike federal law?
Kansas does not have any meal or rest break requirements.
How do I file a wage/hour or labor standards claim in Kansas?
You can file a claim with the Department of Labor. This can be done by filling out a Claim for Wages. The filing should include as much information and documentation as possible. This process can be completed with or without an attorney. Here is more information about the process.
What are my time deadlines?
If you have a wage/hour complaint, do not delay in contacting the Department of Labor to file a claim. Strict deadlines apply to wage claims.
How can I or my attorney pursue a claim in court in Kansas?
In Kansas, employees can file a private lawsuit to recover unpaid wages.
State Labor Agency
Kansas Department of Labor
401 SW Topeka Boulevard
Topeka, KS 66603
Phone: (785) 296-5000 ext. 1068
Fax: (785) 368-6462
© 2023 Workplace Fairness