Minimum Wage $7.25 PER HOUR
Kansas' minimum wage is $7.25 per hour, the same as the federal minimum wage. Most Kansas workers are covered by the FLSA, but Kansas law also sets a $7.25 minimum wage for certain employees who are not covered by federal law.
Kansas allows a tip credit for tipped employees. Employers may pay a direct cash wage of at least $2.13 per hour, but tips must bring the worker's total pay to at least $7.25 per hour. If tips do not cover the difference, the employer must make up the shortfall.
Overtime Laws 1.5X RATE
Most non-exempt Kansas employees covered by the FLSA must receive overtime at one and a half times their regular rate for hours worked over 40 in a workweek. At Kansas' $7.25 minimum wage, that equals $10.88 per hour.
Kansas also has a state overtime rule for certain employees who are not covered by the FLSA. Under that state rule, overtime may be due after 46 hours in a workweek. Working more than eight hours in one day does not automatically create overtime if weekly overtime has not been reached.
Meal & Rest Breaks NO MANDATE
Kansas does not generally require private employers to provide meal or rest breaks for adult employees. Break rights may still come from an employment agreement, collective bargaining agreement, or workplace policy.
When an employer provides short rest breaks, those breaks are usually paid. A meal period may be unpaid only when the employee is fully relieved of duty and the time qualifies as a bona fide meal period.
Final Paycheck NEXT PAYDAY
When a Kansas employee quits, resigns, or is discharged, earned wages generally must be paid no later than the next regular payday when the employee would have been paid if still employed. If requested, final wages may be sent by mail within the required deadline.
Filing a Claim 2 YEAR WINDOW*
Kansas workers may file certain unpaid wage claims with the Kansas Department of Labor. The claim may involve unpaid wages, withheld pay, deductions, commissions, vacation pay, or other wage-payment issues depending on the facts.
Federal FLSA minimum wage and overtime claims generally have a two-year limitations period, extended to three years for willful violations. Some Kansas wage-payment claims may involve a separate three-year deadline under state law, so the deadline can depend on the claim being brought.
Employee Misclassification COMMON VIOLATION
Some Kansas employers label workers as independent contractors or exempt employees to avoid paying overtime, payroll taxes, or other wage obligations. A job title, contract, or salary does not automatically decide whether wage protections apply. The actual working relationship, economic realities, and day-to-day duties matter.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
Think You May Be Owed Back Wages?
Josephson Dunlap reviews wage claims for Kansas workers at no cost. There is no fee unless wages are recovered. A case manager will go through your situation and tell you where you stand.