What is the minimum wage?
Kansas employers covered by the Minimum Wage and Maximum Hours Law must pay covered employees at least $7.25 an hour, but employers subject to the federal Fair Labor Standards Act are excluded .
The minimum wage section also does not apply to employers and employees covered by the federal Fair Labor Standards Act . Federal law on this point is discussed in the federal wage and hour guide.
Even when the Kansas law reaches an employer, it does not cover every worker. Its definition of employee leaves out several listed groups :
- agricultural workers
- domestic workers in private homes
- bona fide executive, administrative and professional employees, and outside commission-paid salespeople, as the secretary's rules define those terms
- federal employees
- people who work without pay for a nonprofit organization
- people 18 or younger employed on an occasional or part-time basis
- some unified school district executive, administrative and professional staff
Occasional or part-time basis means working less than 40 hours a week. Students 18 or younger who work between academic terms count as part-time no matter how many hours they work .
The secretary may also adopt rules that allow wages below the regular rate, under permits. These rules can cover handicapped workers or patient laborers at state institutions or hospitals, and learners and apprentices, subject to the limits the secretary sets .
Standards in other Kansas laws on minimum wages, maximum hours, overtime or other working conditions that were in effect when the Minimum Wage and Maximum Hours Law took effect, and that are more favorable to employees, continue in full force until they are specifically superseded by more favorable standards under that law or its rules .
Sources for this answer
K.S.A. 44-1203(a) requires every employer, except as otherwise provided in the Minimum Wage and Maximum Hours Law, to pay each employee wages at a rate of not less than $7.25 an hour on and after January 1, 2010.
(a) Except as otherwise provided in the minimum wage and maximum hours law, every employer shall pay to each employee wages at a rate as follows: (1) Prior to January 1, 2010, employee wages shall be paid at a rate of not less than $2.65 an hour; and (2) on and after January 1, 2010, employee wages shall be paid at a rate of not less than $7.25 an hour.
See K.S.A. 44-1203(a)
K.S.A. 44-1203(c) provides that the Kansas minimum wage section does not apply to employers and employees covered by the federal Fair Labor Standards Act.
(c) The provisions of this section shall not apply to any employers and employees who are covered under the provisions of the federal fair labor standards act (29 U.S.C.A. § 201 et seq.), and any other acts amendatory thereof or supplemental thereto.
See K.S.A. 44-1203(c)
K.S.A. 44-1202(d) defines employer for the Minimum Wage and Maximum Hours Law so as to exclude any employer subject to the federal Fair Labor Standards Act.
(d) “Employer” means any individual, partnership, association, corporation, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include any employer who is subject to the provisions of the fair labor standards act of 1938 (29 U.S.C.A. § 201 et seq.) and any other acts amendatory thereof or supplemental thereto.
See K.S.A. 44-1202(d)
K.S.A. 44-1202(e) defines employee for the Minimum Wage and Maximum Hours Law so as to exclude listed groups, including agricultural workers, domestic workers in private homes, bona fide executive, administrative and professional employees, federal employees, nonprofit volunteers and minors employed on an occasional or part-time basis.
(e) “Employee” means any individual employed by an employer, but shall not include: (1) Any individual employed in agriculture; (2) any individual employed in domestic service in or about a private home; (3) any individual employed in a bona fide executive, administrative or professional capacity or in the capacity of an outside commission paid salesman, as such terms are defined and delimited by rules and regulations of the secretary; (4) any individual employed by the United States; (5) any individual who renders service gratuitously for a nonprofit organization as such terms are defined by rules and regulations of the secretary; (6) persons eighteen years of age or less employed for any purpose on an occasional or part-time basis; or (7) any individual employed by a unified school district in an executive, administrative or professional capacity, if the individual is engaged in such capacity 50% or more of the hours during which the individual is so employed.
See K.S.A. 44-1202(e)
K.S.A. 44-1202(h) defines occasional or part-time basis as any employee working less than 40 hours per week, with students 18 or younger working between academic terms treated as part-time regardless of hours worked.
(h) “Occasional or part-time basis” means any employee working less than 40 hours per week and, for the purposes of this definition, students 18 years of age and under working between academic terms shall be considered part-time employees regardless of the number of hours worked.
See K.S.A. 44-1202(h)
K.S.A. 44-1207(b) authorizes the secretary to adopt rules and regulations providing for the employment, under permits, of handicapped workers or patient laborers at state institutions or hospitals and of learners and apprentices at wages lower than the applicable rates.
(b) On and after January 1, 1978, in order to prevent curtailment of opportunities for employment, avoid undue hardship and safeguard the minimum wage rates under K.S.A. 44-1201 to 44-1213, inclusive, the secretary also may adopt rules and regulations providing for: (1) The employment of handicapped workers or patient laborers at state institutions or hospitals at wages lower than the wage rates applicable under K.S.A. 44-1201 to 44-1213, inclusive, under permits and for such periods of time as specified therein; and (2) the employment of learners and apprentices at wages lower than the wage rates applicable under this act, under permits and subject to such limitations on number, proportion, length of learning period, occupations and other conditions as the secretary may prescribe.
See K.S.A. 44-1207(b)
K.S.A. 44-1212 provides that standards under other Kansas laws on minimum wages, maximum hours, overtime or other working conditions that are more favorable to employees are not affected by the Minimum Wage and Maximum Hours Law and continue in force until specifically superseded by more favorable standards under that law or its rules.
On and after January 1, 1978, any standards relating to minimum wages, maximum hours, overtime compensation or other working conditions in effect under any other law of this state on the effective date of this act which are more favorable to employees than those applicable hereunder shall not be deemed to be amended, rescinded or otherwise affected by K.S.A. 44-1201 to 44-1213, inclusive, but shall continue in full force and effect until they are specifically superseded by standards more favorable to such employees by operation of or in accordance with K.S.A. 44-1201 to 44-1213, inclusive, or rules and regulations adopted hereunder.
See K.S.A. 44-1212
When is overtime owed?
Kansas employers covered by the Minimum Wage and Maximum Hours Law must pay covered employees one and one-half times the regular hourly rate for hours over 46 in a workweek, except under a public-safety work-period alternative, and employers subject to the federal Fair Labor Standards Act are excluded .
The overtime section does not cover employees covered by section 7 of the federal Fair Labor Standards Act, certain motor-vehicle salespeople, or people in corrections custody or serving a county jail sentence . The law's definition of employee excludes other listed groups . Qualifying emergency medical, fire protection and law enforcement employees may instead be paid under subsection (b)'s work-period alternative .
The official statute text prints the multiplier as a fraction, 1 1/2, which appears in the quoted text as 11/2 .
The Kansas rule is weekly. It turns on hours worked in a workweek and does not set a daily overtime threshold .
In addition, the law's definition of employee leaves out listed groups. Examples include agricultural workers, domestic workers in private homes, and bona fide executive, administrative and professional employees as the secretary's rules define them .
Subsection (b) is an alternative way to comply, not an automatic replacement for the 46-hour rule. For an employee covered by the overtime section who is an emergency medical service provider as K.S.A. 65-6112 defines it, or who is engaged in fire protection or law enforcement (including security personnel in a correctional institution), an employer does not violate the 46-hour rule if it pays at least one and one-half times the regular rate for tours of duty that in the aggregate exceed 258 hours in a 28-consecutive-day work period . For such an employee whose work period is at least seven but fewer than 28 days, the alternative uses the proportional number of hours: a number that bears the same ratio to the days in the work period as 258 hours bears to 28 days .
For employees engaged in fire protection or law enforcement, an agreement or practice of substituting for one another on regularly scheduled tours of duty is treated as having no effect on hours of work if four conditions are met: the substitution is voluntary and not at the employer's behest, it is due to the employee's personal matter rather than the employer's business practice, the employer keeps a record of all substituted time, and the period in which time is substituted and paid back does not exceed 12 months .
Federal law on this point is discussed in the federal wage and hour guide.
Sources for this answer
K.S.A. 44-1204(a) prohibits an employer from employing an employee for a workweek longer than 46 hours unless the employee receives at least one and one-half times the regular hourly wage rate for the hours over 46.
(a) On and after January 1, 1978, no employer shall employ any employee for a workweek longer than 46 hours, unless such employee receives compensation for employment in excess of 46 hours in a workweek at a rate of not less than 11/2 times the hourly wage rate at which such employee is regularly employed.
See K.S.A. 44-1204(a)
K.S.A. 44-1204(c) provides that the Kansas overtime section does not apply to employees covered by section 7 of the federal Fair Labor Standards Act, certain motor-vehicle salespersons, or persons in corrections custody or serving a county jail sentence.
(c) The provisions of this section shall not apply to the employment of: (1) Any employee who is covered under the provisions of section 7 of the fair labor standards act of 1938 as amended, 29 U.S.C.A. § 207, and as amended by the fair labor standards amendments of 1974, and amendments thereto; or (2) any employee who is primarily engaged in selling motor vehicles, as defined in K.S.A. 8-126, and amendments thereto, for a non-manufacturing employer primarily engaged in the business of selling such vehicles to ultimate purchasers; (3) any person who is sentenced to the custody of the secretary of corrections and any person serving a sentence in a county jail.
See K.S.A. 44-1204(c)
K.S.A. 44-1204(b) provides that an employer does not violate the 46-hour rule for a covered emergency medical, fire protection or law enforcement employee paid at least one and one-half times the regular rate for tours of duty exceeding 258 hours in a 28-consecutive-day work period, or a proportional number of hours in a work period of at least seven but fewer than 28 days.
(b) No employer shall be deemed to have violated subsection (a) with respect to the employment of any employee who is covered by this section, who is engaged in the public or private delivery of emergency medical services as an emergency medical service provider as defined by K.S.A. 65-6112, and amendments thereto, or who is engaged in fire protection or law enforcement activities, including any member of the security personnel in any correctional institution, and who is paid compensation at a rate of not less than 11/2 times the regular rate at which such employee is employed: (1) In any work period of 28 consecutive days in which such employee works for tours of duty that in the aggregate exceed 258 hours; or (2) in the case of any such employee to whom a work period of at least seven but less than 28 days applies, in any such work period in which such employee works for tours of duty that in the aggregate exceed a number of hours that bear the same ratio to the number of consecutive days in such work period as 258 hours bears to 28 days.
See K.S.A. 44-1204(b)
K.S.A. 44-1204(d) provides that, for the overtime section, substitution by fire protection or law enforcement employees for one another on scheduled tours of duty has no effect on hours of work if it is voluntary and not at the employer's behest, is due to the employee's personal matter, is recorded by the employer, and is substituted and paid back within 12 months.
(d) For the purposes of this section, the agreement or practice by employees engaged in fire protection or law enforcement activities of substituting for one another on regularly scheduled tours of duty, or a part thereof, shall be deemed to have no effect on hours of work if: (1) The substituting is done voluntarily by the employees and not at the behest of the employer; (2) the reason for substituting is due not to the employer's business practice but to the employee's desire or need to attend to a personal matter; (3) a record is maintained by the employer of all time substituted by the employer's employees; and (4) the period during which time is substituted and paid back does not exceed 12 months.
See K.S.A. 44-1204(d)
K.S.A. 44-1202(d) defines employer for the Minimum Wage and Maximum Hours Law so as to exclude any employer subject to the federal Fair Labor Standards Act.
(d) “Employer” means any individual, partnership, association, corporation, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include any employer who is subject to the provisions of the fair labor standards act of 1938 (29 U.S.C.A. § 201 et seq.) and any other acts amendatory thereof or supplemental thereto.
See K.S.A. 44-1202(d)
K.S.A. 44-1202(e) defines employee for the Minimum Wage and Maximum Hours Law so as to exclude listed groups, including agricultural workers, domestic workers in private homes and bona fide executive, administrative and professional employees.
(e) “Employee” means any individual employed by an employer, but shall not include: (1) Any individual employed in agriculture; (2) any individual employed in domestic service in or about a private home; (3) any individual employed in a bona fide executive, administrative or professional capacity or in the capacity of an outside commission paid salesman, as such terms are defined and delimited by rules and regulations of the secretary; (4) any individual employed by the United States; (5) any individual who renders service gratuitously for a nonprofit organization as such terms are defined by rules and regulations of the secretary; (6) persons eighteen years of age or less employed for any purpose on an occasional or part-time basis; or (7) any individual employed by a unified school district in an executive, administrative or professional capacity, if the individual is engaged in such capacity 50% or more of the hours during which the individual is so employed.
See K.S.A. 44-1202(e)
Are breaks required?
No Kansas statute requires employers to give adult employees meal or rest breaks, and the Kansas child labor rules for children under sixteen do not require a break either .
For children under sixteen in the occupations the act covers, including hotels, restaurants and mercantile establishments, the Kansas child labor law sets these hours limits :
- no work before 7 a.m.
- no work after 10 p.m., except on an evening that does not come before a school day
- no more than eight hours in a calendar day
- no more than 40 hours in a week
These limits do not apply to students working in school food service preparation. They also do not apply to student-learners in qualifying cooperative vocational training programs who work under a written agreement that meets the statute's conditions .
Where children under sixteen are employed, permitted or suffered to work, the employer must keep posted in a conspicuous place near the principal entrance a notice stating the maximum hours such a child may work on each day of the week, the hours of starting and stopping work, and the hours allowed for dinner or other meals . That posting rule requires the notice to state the hours allowed for meals, but it does not itself set how long a meal period must be .
Employers of children under sixteen in the covered vocations must first obtain a work permit and keep it on file and accessible to any inspector or officer charged with enforcing the act, but no permit is required if the child is enrolled in or attending a secondary school in Kansas .
Separately, no child under fourteen may be employed at any occupation or trade in any business or service, except for activities the act does not treat as employment . Those activities include children employed by their parents in nonhazardous occupations, domestic service, casual labor in or around a private home, delivering or distributing newspapers, and agricultural pursuits . A child attending school may not perform those exempt services during hours when the public school is in session in the district where the child resides .
Within the employment the Kansas child labor act covers, that act also bars employing any child under eighteen in any occupation, trade or business that is dangerous or injurious to the minor's life, health, safety, morals or welfare .
Federal law on this point is discussed in the federal wage and hour guide.
Sources for this answer
K.S.A. 38-603(a) prohibits employing a child under sixteen in the covered vocations or establishments before 7 a.m. or after 10 p.m. (except on an evening not preceding a school day), more than eight hours in a calendar day, or more than 40 hours in a week.
(a) No child under sixteen (16) years of age, who is employed in any of the several vocations mentioned in this act, or in the transmission of merchandise or messages, or any hotel, restaurant or mercantile establishment shall be employed before 7 a.m., or after 10 p.m., except on any evening that does not precede a school day, nor more than eight (8) hours in any one calendar day, nor more than forty (40) hours in any one week.
See K.S.A. 38-603(a)
K.S.A. 38-603(b) exempts from the child hours limits students engaged in school food service preparation and student-learners in qualifying cooperative vocational training programs employed under a written agreement meeting the statute's conditions.
(b) The provisions of this section shall not apply to any student engaged in school food service preparation nor shall such provisions apply to the employment of a student-learner who is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority, or in a course of study in a substantially similar program conducted by a private school: Provided, That such a student-learner is employed under a written agreement which shall provide: (1) That the work of the student-learner shall be incidental to his training, and shall be under the supervision of a teacher-coordinator employed by the school; and (2) that a schedule of organized and progressive work processes to be performed on the job shall have been prepared.
See K.S.A. 38-603(b)
K.S.A. 38-605 requires every employer in an establishment where children under sixteen are employed, permitted or suffered to work to keep posted near the principal entrance a notice of the maximum hours such a child may work each day, the hours of starting and stopping work, and the hours allowed for meals.
That every employer shall keep posted in a conspicuous place near the principal entrance, in any establishment where children under sixteen years of age are employed, permitted or suffered to work, a notice stating the maximum number of hours such child may be required, or permitted to work, on each day of the week, the hours of commencing and stopping work and the hours allowed for dinner or other meals.
See K.S.A. 38-605
K.S.A. 38-604 requires persons, firms or corporations employing children under sixteen in the covered vocations to first obtain a work permit and keep it on file and accessible to enforcement officers, unless the children are enrolled in or attending a secondary school in Kansas.
That all persons, firms, or corporations employing children under sixteen (16) years of age in any of the vocations mentioned in this act, shall be required to first obtain and keep on file and accessible to any inspector or officer charged with the enforcement of this act, the work permit as hereinafter provided for: Provided, That if such children are enrolled in or attending any secondary school within the state, no such work permit shall be required.
See K.S.A. 38-604
K.S.A. 38-601 prohibits employing a child under fourteen at any occupation or trade in any business or service, except as K.S.A. 38-614 provides.
No child under fourteen (14) years of age shall be at any time employed at any occupation or trade in any business or service, except as provided by K.S.A. 38-614.
See K.S.A. 38-601
K.S.A. 38-614 provides that, for purposes of the Kansas child labor article, listed activities, including children employed by their parents in nonhazardous occupations, domestic service, casual labor in or around a private home, delivery or messenger work, newspaper delivery, agricultural pursuits and certain performing work, are not considered employment.
For the purposes of article 6 of chapter 38 of the Kansas Statutes Annotated, and amendments thereto, the following shall not be considered employment: (1) Children employed by their parents in nonhazardous occupations; (2) domestic service; (3) casual labor in or around a private home; (4) delivery or messenger work; (5) delivering or distributing newspapers or shopping news; (6) agricultural, horticultural, livestock or dairying pursuits and employments incident thereto; and (7) except as provided by K.S.A. 38-615 through 38-622, and amendments thereto, children employed as actors, actresses or performers in motion pictures, theatrical, radio or television productions.
See K.S.A. 38-614
K.S.A. 38-614 prohibits a child attending school from performing the article's exempt services during hours when the public school is in session in the district where the child resides.
Such exempt services shall not be performed by a child attending school during hours in which the public school is in session in the district in which such child resides.
See K.S.A. 38-614
K.S.A. 38-602 prohibits employing a child under eighteen in any occupation, trade or business that is in any way dangerous or injurious to the minor's life, health, safety, morals or welfare.
No child under eighteen (18) years of age shall be at any time employed in any occupation, trade or business which is in any way dangerous or injurious to the life, health, safety, morals or welfare of such minor.
See K.S.A. 38-602
When is final pay due?
Kansas employers must pay a departing employee's earned wages no later than the next regular payday on which the employee would have been paid if still employed, whether the employee was discharged, quit or resigned .
Payment may go through the regular pay channels. If the employee asks, it may instead be sent by mail postmarked within the deadline .
Penalty. When an employer willfully fails to pay wages as the final-pay rule requires, or as the regular payday rule requires, it is liable for the wages due plus a penalty . The penalty is 1% of the unpaid wages for each day, except Sunday and legal holidays, that the failure continues after the eighth day after payment is required, or 100% of the unpaid wages, whichever is less . For this penalty, the failure to pay is not treated as continuing in two situations: after the filing of a bankruptcy petition on which the employer is adjudicated bankrupt, and after an appeal under K.S.A. 44-322a is filed, until the decision on that appeal becomes final .
Disputed amounts. When the parties dispute how much is owed, the employer must pay all wages it concedes are due, without conditions and no later than the next regular payday after the concession. The employee keeps every remedy as to any remaining balance . Unless payment is made under a binding settlement agreement, accepting a conceded-wage payment does not release the rest of the claim, and any release an employer requires as a condition of payment violates the act and is null and void .
Deceased employees. If the employer has no actual notice of probate proceedings, it may pay a deceased employee's wages on proper demand. Payment follows this order of preference: spouse, children 18 or older in equal shares, father, mother, sisters and brothers in equal shares, or the person owed funeral expenses .
Sources for this answer
K.S.A. 44-315(a) requires an employer, when it discharges an employee or the employee quits or resigns, to pay the employee's earned wages no later than the next regular payday on which the employee would have been paid if still employed, through regular pay channels or by mail if the employee requests.
Whenever an employer discharges an employee or whenever an employee quits or resigns, the employer shall pay the employee's earned wages not later than the next regular payday upon which he or she would have been paid if still employed as provided under K.S.A. 44-314 either through the regular pay channels or by mail postmarked within the deadlines herein specified if requested by the employee.
See K.S.A. 44-315(a)
K.S.A. 44-315(b) makes an employer that willfully fails to pay wages as K.S.A. 44-314 or subsection (a) requires liable for the wages due plus a penalty of 1% of the unpaid wages for each day, except Sunday and legal holidays, the failure continues after the eighth day after payment is required, or 100% of the unpaid wages, whichever is less.
(b) If an employer willfully fails to pay an employee wages as required by K.S.A. 44-314, and amendments thereto, or as required under subsection (a) of this section, such employer shall be liable to the employee for the wages due and also shall be liable to the employee for a penalty in the fixed amount of 1% of the unpaid wages for each day, except Sunday and legal holidays, upon which such failure continues after the eighth day after the day upon which payment is required or in an amount equal to 100% of the unpaid wages, whichever is less.
See K.S.A. 44-315(b)
K.S.A. 44-315(b) provides that, for the penalty damages, an employer's failure to pay is not deemed to continue after the filing of a bankruptcy petition on which the employer is adjudicated bankrupt, or after an appeal is filed under K.S.A. 44-322a until the decision on appeal becomes final.
For the purpose of such additional damages, the failure to pay shall not be deemed to continue after the date of the filing of a petition in bankruptcy with respect to the employer if he or she is adjudicated bankrupt upon such petition nor shall it be deemed to continue after an appeal is filed under K.S.A. 44-322a, and amendments thereto, until the decision on appeal becomes final.
See K.S.A. 44-315(b)
K.S.A. 44-316(a) requires an employer, in a dispute over the amount of wages due, to pay all wages it concedes are due without conditions by the regular payday following the concession, leaving the employee all remedies as to any balance claimed.
(a) In case of a dispute over the amount of wages due, the employer shall pay, without conditions and no later than the regular payday next following the concession, all wages, or parts thereof, conceded by him to be due, leaving to the employee all remedies he might otherwise be entitled to, including those provided under this act, as to any balance claimed.
See K.S.A. 44-316(a)
K.S.A. 44-316(b) provides that, unless payment is made by binding settlement agreement, an employee's acceptance of a payment under that section is not a release of the balance of the claim, and a release required as a condition of payment violates the act and is null and void.
(b) Unless payment is made by binding settlement agreement, the acceptance by an employee of a payment under this section shall not constitute a release as to the balance of his claim and any release required by an employer as a condition to payment shall be in violation of this act and shall be null and void.
See K.S.A. 44-316(b)
K.S.A. 44-318 permits an employer without actual notice of probate proceedings to pay a deceased employee's wages on proper demand, in a statutory order of preference beginning with the spouse.
In the absence of actual notice of probate proceedings, the employer may pay, upon proper demand, wages due a deceased employee. Any such payment or payments shall be in the following order of preference: Spouse, children eighteen (18) years of age and over in equal shares, father, mother, sisters and brothers in equal shares, or the person to whom funeral expenses are due.
See K.S.A. 44-318
How often must workers be paid?
Kansas employers must pay all wages due at least once each calendar month on regular paydays designated in advance, and a pay period may end no more than 15 days before payday unless state or federal law authorizes a variance .
Payment methods. An employer may choose how to pay wages, but only by these methods :
- lawful money of the United States
- a check or draft negotiable in the community where the workplace is located
- electronic fund transfer or deposit to an automated clearinghouse member financial institution account the employee designates
- payroll card
An employer that pays only by electronic transfer or deposit must offer another payment method as the default for employees who do not designate an account . At least 30 days before starting a payroll program that uses only direct deposit or payroll cards, the employer must either hold one or more employee forums on using the program or distribute educational information to employees about it .
An employer that pays by payroll card must allow at least one free withdrawal per pay period, for up to the employee's full net wages . It may not charge initiation, loading or other participation fees, other than the cost of replacing a lost, stolen or damaged card . The employer keeps no interest in wages paid to an employee's payroll card account, other than the right to correct inadvertent overpayments under the rules governing direct deposit .
Deductions. The Wage Payment Act allows an employer to withhold, deduct or divert wages only in the cases it lists. Subsection (a) of the deduction section lets an employer withhold, deduct or divert wages where :
- state or federal law requires or empowers the employer to make it
- it is for medical, surgical or hospital care or service, without financial benefit to the employer, and is openly, clearly and in due course recorded in the employer's books
- the employer has the employee's signed authorization for a lawful purpose that benefits the employee
- it is a contribution attributable to automatic enrollment, as K.S.A. 44-319a defines it, in a retirement plan the employer established that is described in Internal Revenue Code sections 401(k), 403(b), 408, 408A or 457
Under a signed written agreement, an employer may also deduct wages to repay a loan or advance it made to the employee during and within the scope of employment, to recover a payroll overpayment, or to cover the replacement cost or unpaid balance of employer merchandise or uniforms the employee bought .
From final wages, after giving written notice and an explanation, an employer may withhold amounts to recover employer property provided to the employee in the course of the business, such as tools, safety equipment, computers, mobile phones, customer lists, or keys and access cards, until the employee returns the property .
The deduction section also does not prohibit withholding amounts the employee authorizes in writing to be contributed to charitable organizations, or deductions by check-off of dues to labor organizations or service fees where not otherwise prohibited by law .
In every case, the amounts withheld may not reduce wages below the minimum wage required under the federal Fair Labor Standards Act or under the Kansas minimum wage section, whichever applies .
Pay information. The cited sections do not say what a pay stub must show with every paycheck. Instead, they require information when the employee asks for it. On request, the employer must tell the employee the rate of pay and the day and place of payment, in writing or as a collective bargaining agreement requires . On request, the employer must also furnish the employee an itemized statement of the deductions made from the employee's wages for each pay period in which deductions are made . And on request, the employer must make its policies on vacation pay, sick leave and other benefits that directly affect wages available in writing or in a posted notice .
Sources for this answer
K.S.A. 44-314(a) requires every employer to pay all wages due to its employees at least once during each calendar month on regular paydays designated in advance.
(a) Every employer shall pay all wages due to the employees of the employer at least once during each calendar month, on regular paydays designated in advance by the employer.
See K.S.A. 44-314(a)
K.S.A. 44-314(h) requires the pay period paid on a regular payday to end not more than 15 days before that payday unless state or federal law authorizes a variance.
(h) The end of the pay period for which payment is made on a regular payday shall be not more than 15 days before such regular payday unless a variance in such requirement is authorized by state or federal law.
See K.S.A. 44-314(h)
K.S.A. 44-314(b) permits an employer to designate the method of paying wages, provided all wages are paid by cash, negotiable check or draft, electronic transfer or deposit to an employee-designated account, or payroll card.
(b) The employer may designate the method by which employees receive wages, provided all wages shall be paid by one or more of the following methods: (1) In lawful money of the United States; (2) by check or draft which is negotiable in the community wherein the place of employment is located; (3) by electronic fund transfer or deposit to an automated clearinghouse member financial institution account designated by the employee; or (4) by payroll card.
See K.S.A. 44-314(b)
K.S.A. 44-314(c) requires an employer that elects to pay wages only by electronic transfer or deposit to offer an alternative payment method as a default for employees who do not designate an account.
(c) Any employer that elects to pay wages only by a method authorized in subsection (b)(3) shall offer an alternative payment method as a default option for employees that fail to designate a financial institution account for electronic fund transfer or deposit.
See K.S.A. 44-314(c)
K.S.A. 44-314(e) requires an employer, at least 30 days before implementing a payroll program using only direct deposit or payroll cards, to either hold one or more employee forums on the program or distribute educational information about it to employees.
(e) Not less than 30 days prior to implementing a payroll program using only the methods authorized in subsection (b)(3) or (b)(4), an employer shall either: (1) Conduct one or more employee forums to educate employees regarding the use of a direct deposit or payroll card program offered by the employer; or (2) distribute educational information to employees about direct deposits or payroll cards as they may be used under the payroll card program offered by the employer.
See K.S.A. 44-314(e)
K.S.A. 44-314(d) requires an employer that pays wages by payroll card to allow employees at least one no-cost withdrawal per pay period for up to the employee's full net wages.
(d) Any employer that elects to pay wages using a payroll card as authorized in subsection (b)(4) shall allow employees at least one means of fund access withdrawal per pay period at no cost to the employee for an amount up to and including the total amount of the employee's net wages, as stated on the employee's earnings statement.
See K.S.A. 44-314(d)
K.S.A. 44-314(f)(2) prohibits an employer from charging an employee initiation, loading or other participation fees to receive wages on a payroll card, except the cost of replacing a lost, stolen or damaged card.
(2) An employer may not charge an employee initiation, loading or other participation fees to receive wages payable in an electronic fund transfer to a payroll card account, with the exception of the cost required to replace a lost, stolen or damaged payroll card.
See K.S.A. 44-314(f)(2)
K.S.A. 44-314(f)(1) provides that an employer retains no interest in wages paid to an employee's payroll card account, other than the right to correct inadvertent overpayments under the rules governing direct deposit.
(1) Employers shall retain no interest in wages paid by electronic funds transferred to an employee's payroll card account, other than the right to correct inadvertent overpayments in accordance with the rules governing direct deposit.
See K.S.A. 44-314(f)(1)
K.S.A. 44-319(a) prohibits an employer, except as subsections (b) and (c) provide, from withholding, deducting or diverting any portion of an employee's wages unless one of four listed conditions is met.
(a) Except as provided in subsections (b) and (c), no employer may withhold, deduct or divert any portion of an employee's wages unless: (1) The employer is required or empowered to do so by state or federal law; (2) the deductions are for medical, surgical or hospital care or service, without financial benefit to the employer, and are openly, clearly and in due course recorded in the employer's books; (3) the employer has a signed authorization by the employee for deductions for a lawful purpose accruing to the benefit of the employee; or (4) the deductions are for contributions attributable to automatic enrollment, as defined in K.S.A. 44-319a, and amendments thereto, in a retirement plan established by the employer described in sections 401(k), 403(b), 408, 408A or 457 of the internal revenue code.
See K.S.A. 44-319(a)
K.S.A. 44-319(b) permits an employer, subject to subsection (e) and under a signed written agreement with the employee, to deduct wages to repay an employment-related loan or advance, recover a payroll overpayment, or cover employer merchandise or uniforms the employee purchased.
(b) Subject to the provisions of subsection (e), pursuant to a signed written agreement between the employer and employee, an employer may withhold, deduct or divert any portion of an employee's wages for the following purposes: (1) To allow the employee to repay a loan or advance which the employer made to the employee during the course of and within the scope of employment; (2) to allow for recovery of payroll overpayment; and (3) to compensate the employer for the replacement cost or unpaid balance of the cost of the employer's merchandise or uniforms purchased by the employee.
See K.S.A. 44-319(b)
K.S.A. 44-319(c) permits an employer, subject to subsection (e) and after providing written notice and an explanation, to withhold final wages to recover employer property provided to the employee until the employee returns it.
(c) Subject to the provisions of subsection (e), upon providing a written notice and explanation, an employer may withhold, deduct or divert any portion of an employee's final wages for the following purposes: (1) To recover the employer's property provided to the employee in the course of the employer's business including, but not limited to, tools of the trade or profession, personal safety equipment, computers, electronic devices, mobile phones, proprietary information such as client or customer lists and intellectual property, security information, keys or access cards or materials until such time as such property is returned by the employee to the employer.
See K.S.A. 44-319(c)(1)
K.S.A. 44-319(d) provides that the deduction section does not prohibit withholding amounts the employee authorizes in writing for contribution to charitable organizations, or deductions by check-off of labor organization dues or service fees where not otherwise prohibited by law.
(d) Nothing in this section shall be construed as prohibiting the withholding of amounts authorized in writing by the employee to be contributed by the employee to charitable organizations; nor shall this section prohibit deductions by check-off of dues to labor organizations or service fees, where such is not otherwise prohibited by law.
See K.S.A. 44-319(d)
K.S.A. 44-319(e) provides that amounts withheld under the deduction section may not reduce wages below the minimum wage required under the federal Fair Labor Standards Act or under K.S.A. 44-1203, whichever is applicable.
(e) Amounts withheld under this section shall not reduce wages paid to below the minimum wage required under the federal fair labor standards act, 29 U.S.C.A. § 201 et seq., or the minimum wage required under K.S.A. 44-1203, and amendments thereto, whichever is applicable.
See K.S.A. 44-319(e)
K.S.A. 44-320 requires each employer, on an employee's request, to provide listed wage information: the rate of pay and the day and place of payment, notice of changes to those arrangements, its policies on benefits that bear directly on wages, and an itemized statement of deductions for each pay period deductions are made.
Each employer shall: (a) Upon the request of the employee, notify such employee in writing or as required by a collective bargaining agreement, of the rate of pay and of the day and place of payment. (b) Upon the request of the employee, notify such employee in writing or through a posted notice maintained in a place accessible to his employees or as required by a collective bargaining agreement, of any changes in the arrangements specified in subsection (a) of this section prior to the time of such changes. (c) Upon the request of the employee, make available to such employee in writing or through a posted notice maintained in a place accessible to his employees or as required by a collective bargaining agreement, employment practices and policies with regard to vacation pay, sick leave and any other benefits to which the employee is entitled and which have a direct bearing upon wages payable. (d) Furnish each employee, upon request by such employee, with an itemized statement of deductions made from his wages under K.S.A. 44-319 for each pay period such deductions are made.
See K.S.A. 44-320
Employee or independent contractor?
The Kansas Supreme Court uses a 20-factor test to decide whether a Kansas worker is an employee under the Wage Payment Act, a test that includes economic reality considerations while keeping the primary focus on the employer's right to control .
In that decision, Craig v. FedEx Ground Package System, Inc., the court held that the FedEx delivery drivers in that case were employees for purposes of the Wage Payment Act .
The Wage Payment Act itself defines an employee as any person allowed or permitted to work by an employer . The Minimum Wage and Maximum Hours Law, a separate act, defines employ as to suffer or permit to work .
The Wage Payment Act gives its definitions as used in that act, and the Minimum Wage and Maximum Hours Law gives its definitions as used in that law . Neither statutory definition itself states a test for separating employees from independent contractors; the Craig decision supplies the Wage Payment Act test .
The Wage Payment Act's definition of employer is broad. It covers individuals, partnerships, corporations, limited liability companies and other organizations. It also covers the state and its agencies, and cities, counties, school districts and other political subdivisions that employ any person .
For the employment security law only, services performed for wages or under any contract of hire count as employment if the business keeps the right to control both the end result and the manner and means of reaching it .
Sources for this answer
*Craig v. FedEx Ground Package System, Inc.* holds that the 20-factor test is the tool to be used in Kansas to determine whether an employer/employee relationship exists under the Kansas Wage Payment Act.
Given the KWPA’s purpose and plain language, the regulations promulgated to govern tire administration of the KWPA, and our long-standing adherence to the right to control *798 test in determining employer/employee relationships, we discern that the 20-factor test as restated above is the tool to be used in Kansas to determine whether an employer/employee relationship exists under the KWPA.
See *Craig v. FedEx Ground Package System, Inc.*, 300 Kan. 788, 335 P.3d 66 (2014).
*Craig v. FedEx Ground Package System, Inc.* states that its 20-factor test includes economic reality considerations while maintaining the primary focus on an employer's right to control.
This test includes economic reality considerations, while maintaining the primary focus on an employer s right to control.
See *Craig v. FedEx Ground Package System, Inc.*, 300 Kan. 788, 335 P.3d 66 (2014).
*Craig v. FedEx Ground Package System, Inc.* holds that, under the undisputed facts presented, the FedEx delivery drivers were employees for purposes of the Kansas Wage Payment Act.
Consequently, we hold that under the undisputed facts presented, the FedEx delivery drivers are employees for purposes of the KWPA.
See *Craig v. FedEx Ground Package System, Inc.*, 300 Kan. 788, 335 P.3d 66 (2014).
K.S.A. 44-313(b) defines employee, for the Wage Payment Act, as any person allowed or permitted to work by an employer.
(b) “Employee” means any person allowed or permitted to work by an employer.
See K.S.A. 44-313(b)
K.S.A. 44-1202(c) defines employ, for the Minimum Wage and Maximum Hours Law, as to suffer or permit to work.
(c) “Employ” means to suffer or permit to work.
See K.S.A. 44-1202(c)
K.S.A. 44-313(a) defines employer, as used in the Wage Payment Act, to include private individuals and organizations as well as the state, its agencies and local political subdivisions that employ any person.
As used in this act: (a) “Employer” means any individual, partnership, association, joint stock company, trust, corporation, limited liability company or other organization, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, the state of Kansas or any department, agency or authority of the state, any city, county, school district or other political subdivision, municipality or public corporation and any instrumentality thereof, employing any person.
See K.S.A. 44-313(a)
K.S.A. 44-703(i)(3)(D) deems services performed for wages or under a contract of hire to be employment under the employment security law if the business retains the right to control both the end result and the manner and means by which it is accomplished.
(D) Services performed by an individual for wages or under any contract of hire shall be deemed to be employment subject to this act if the business for which activities of the individual are performed retains not only the right to control the end result of the activities performed, but the manner and means by which the end result is accomplished.
See K.S.A. 44-703(i)(3)(D)
Is a tip credit allowed?
Kansas employers covered by the Minimum Wage and Maximum Hours Law may count tips toward the minimum wage if tips have customarily been part of the employee's pay and the employee actually received and retained them .
For employees who receive tips and gratuities, the employer must pay a cash wage of at least $2.13 an hour .
If that cash wage plus the tips and gratuities received comes to at least $7.25 an hour, the employer owes no further payment . If the total is less than $7.25 an hour, the employer must pay the difference between $7.25 an hour and the employee's combined hourly amount .
A gratuity is a voluntary payment of money an employee receives from a guest, patron or customer for services rendered .
Rules and regulations under the Minimum Wage and Maximum Hours Law may also define and govern allowances for board, lodging and gratuities as part of the wage rates that law requires .
These tip rules are part of the Kansas minimum wage section, which does not apply to employers and employees covered by the federal Fair Labor Standards Act . Federal law on this point is discussed in the federal wage and hour guide.
Sources for this answer
K.S.A. 44-1203(b) permits an employer, in calculating the minimum wage rate, to include an employee's tips and gratuities if they have customarily been part of the employee's remuneration and the employee actually received and retained them.
(b) In calculating such minimum wage rate, an employer may include tips and gratuities received by an employee if such tips and gratuities have customarily constituted part of the remuneration of the employee and if the employee concerned actually received and retained such tips and gratuities.
See K.S.A. 44-1203(b)
K.S.A. 44-1203(b) requires an employer to pay employees receiving tips and gratuities a minimum wage of at least $2.13 an hour.
For employees receiving tips and gratuities, the employer shall pay a minimum wage of at least $2.13 an hour.
See K.S.A. 44-1203(b)
K.S.A. 44-1203(b) provides that when an employee's tips and gratuities combined with the cash minimum wage that subsection prescribes at least equal $7.25 an hour no further payment is required, and when they come to less the employer must pay the difference.
If when combined with the minimum wage rate prescribed in this subsection the amount of the employee's tips and gratuities are: (1) At least equal to $7.25 an hour, no further payment is required by the employer; or (2) less than $7.25 an hour, the employer must pay the employee the difference between $7.25 an hour and the actual hourly amount received by the employee determined by combining the amount of tips and gratuities received by the employee with the minimum wage prescribed by this subsection paid by the employer.
See K.S.A. 44-1203(b)
K.S.A. 44-1202(g) defines a gratuity as a voluntary monetary contribution received by an employee from a guest, patron or customer for services rendered.
(g) “Gratuity” means voluntary monetary contribution received by an employee from a guest, patron or customer for services rendered.
See K.S.A. 44-1202(g)
K.S.A. 44-1207(a) provides that rules and regulations under the Minimum Wage and Maximum Hours Law may define and govern allowances for board, lodging and gratuities as part of the applicable wage rates.
Such rules and regulations may include, but are not limited to, regulations defining and governing: Outside salesmen; bonuses; part-time rates; special pay for special or extra work; allowances as part of the wage rates applicable under this act for board, lodging and gratuities; other facilities or services furnished by employers and used by employees; and other special items usual in a particular employer-employee relationship.
See K.S.A. 44-1207(a)
K.S.A. 44-1203(c) provides that the Kansas minimum wage section does not apply to employers and employees covered by the federal Fair Labor Standards Act.
(c) The provisions of this section shall not apply to any employers and employees who are covered under the provisions of the federal fair labor standards act (29 U.S.C.A. § 201 et seq.), and any other acts amendatory thereof or supplemental thereto.
See K.S.A. 44-1203(c)
How is it enforced?
Kansas workers may bring Wage Payment Act claims in any court of competent jurisdiction, and the secretary of labor enforces and administers that act and is empowered to investigate violations .
Wage Payment Act.
- Investigations. The secretary is empowered to hold hearings and to investigate violations or alleged violations . The secretary or authorized representatives are also empowered to enter places, question employees and investigate facts, conditions or matters they deem appropriate to determine whether anyone has violated the act . They may administer oaths, examine witnesses, issue compulsory process to compel witnesses to attend and to produce payrolls, records and other documents, and take depositions and affidavits .
- Claim assignment. When the secretary determines that an employee has a valid unpaid-wage claim of less than $10,000, the secretary must, on the employee's written request, take an assignment of the claim in trust and act to enforce or defend it . For a valid claim of $10,000 or more, the secretary may take the assignment on the employee's written request and, if it is taken, must act to enforce or defend the claim . The fee fixed by rules and regulations for an assigned claim may be no more than $25 per claim . If the secretary wins on the employee's behalf, the court must award the agency a judgment equal to the cost of reasonable attorney fees .
- Interest. The presiding officer may, at their discretion, assess interest on wage claims found due, running from the date the wages were due .
- Individual liability. An officer, manager, major shareholder or other person in charge of an employer's affairs may be treated as the employer under the act if that person knowingly permits violations of the payday or final-pay rules .
- Subcontractor wages. A person responsible under a contract for work who subcontracts all or part of it is civilly liable to the subcontractor's employees for wages due for work covered by the contract, but only if and to the extent the subcontractor fails to pay those wages .
- No waiver. Except as the act's section on employee suits and claim assignments provides, no provision of the act, and no right it creates, may be contravened, set aside or waived . Unless payment is made under a binding settlement agreement, a release an employer requires as a condition of paying conceded wages is null and void .
Minimum Wage and Maximum Hours Law.
- Employee suits. An employer that pays less than the minimum wages and overtime owed is liable to the employee for the full amount of wages and overtime owed, less any amount actually paid, plus costs and the reasonable attorney fees the court allows . One or more employees may bring that action in any court of competent jurisdiction . An agreement to work for less than the applicable wage rate is no defense .
- Claim assignment. If an underpaid employee asks in writing, the secretary may take an assignment of the wage claim in trust and bring any legal action needed to collect it. The employer must then pay costs and the reasonable attorney fees the court allows . In a suit, the secretary may join various claimants against the same employer in one action .
- Inspections. Under that law, the secretary or an authorized representative may enter and inspect a place of business or employment only after receiving a written complaint from an employee who alleges being aggrieved under the law .
- Criminal fines. An employer convicted of violating that law, or of falsifying a related record, is fined $250 to $1,000 .
- Retaliation. An employer may not discharge or otherwise discriminate against an employee for complaining about unpaid wages under that law, for starting or being about to start a proceeding under it, or for testifying or being about to testify in one. An employer that does so violates the law and, on conviction, is fined $250 to $1,000 .
- Records. That law requires every employer subject to it to keep, for at least three years and in or about the premises where employees work, records of each employee's name, occupation, rate of pay, amount paid each pay period, and hours worked each day and each workweek . An employer covered by the Fair Labor Standards Act may keep the records that federal act requires instead .
General time limits. Two general Kansas limitation rules may matter here. An action upon a liability created by a statute, other than a penalty or forfeiture, must be brought within three years . An action upon a statutory penalty or forfeiture must be brought within one year . These are general rules for actions of those kinds. The wage sections cited above do not state how they apply to a particular wage claim.
Sources for this answer
K.S.A. 44-322(a) directs the secretary to enforce and administer the Wage Payment Act and empowers the secretary to hold hearings and investigate violations or alleged violations of it.
(a) The secretary shall enforce and administer the provisions of this act and the secretary or authorized representatives of the secretary are empowered to hold hearings and otherwise to investigate violations or alleged violations of this act.
See K.S.A. 44-322(a)
K.S.A. 44-322(b) empowers the secretary or authorized representatives to enter places, question employees and investigate facts, conditions or matters they deem appropriate to determine whether any person has violated the Wage Payment Act.
(b) The secretary or authorized representatives of the secretary are empowered to enter such places, question such employees and investigate such facts, conditions or matters as they may deem appropriate to determine whether any person has violated any provision of this act or any rule or regulation issued hereunder or which may aid in the enforcement of the provisions of this act.
See K.S.A. 44-322(b)
K.S.A. 44-322(c) gives the secretary or authorized representatives power to administer oaths, examine witnesses, compel attendance and the production of payrolls, records and other documents relating to unpaid-wage claims, and take depositions and affidavits.
(c) The secretary or authorized representatives of the secretary shall have the power to administer oaths and examine witnesses under oath or otherwise, issue compulsory process to compel the attendance of witnesses and the production of papers, books, accounts, records, payrolls, documents and testimony relating to claims for unpaid wages, and to take depositions and affidavits in the administration of this act.
See K.S.A. 44-322(c)
K.S.A. 44-324(a) permits one or more employees to bring a proceeding asserting any Wage Payment Act claim in any court of competent jurisdiction.
(a) Any proceeding by one or more employees to assert any claim arising under or pursuant to this act may be brought in any court of competent jurisdiction.
See K.S.A. 44-324(a)
K.S.A. 44-324(b) requires the secretary, on determining that an employee has a valid unpaid-wage claim of less than $10,000 and on the employee's written request, to take an assignment of the claim in trust and act to enforce or defend it.
(b) Whenever the secretary determines under K.S.A. 44-322a, and amendments thereto, that an employee has a valid claim for unpaid wages and determines that the amount of the claim is less than $10,000, the secretary, upon the written request of the employee, shall take an assignment of the claim in trust for such employee and shall take action appropriate to enforce or defend such claim.
See K.S.A. 44-324(b)
K.S.A. 44-324(b) permits the secretary, on determining that an employee has a valid unpaid-wage claim of $10,000 or more and on the employee's written request, to take an assignment of the claim in trust, and requires the secretary to act to enforce or defend the claim if the assignment is taken.
Whenever the secretary determines under K.S.A. 44-322a, and amendments thereto, that an employee has a valid claim for unpaid wages and determines that the amount of the claim is equal to or greater than $10,000, the secretary, upon the written request of the employee, may take an assignment of the claim in trust for such employee and if the assessment is taken, shall take action appropriate to enforce or defend such claim.
See K.S.A. 44-324(b)
K.S.A. 44-324(b) limits the fee fixed by rules and regulations for a claim assigned to the secretary to not more than $25 per claim.
The fee fixed by rules and regulations shall be in an amount of not more than $25 per claim assigned under this section.
See K.S.A. 44-324(b)
K.S.A. 44-324(c) requires the court, if the secretary prevails on behalf of an employee, to award the agency a judgment equal to the cost of reasonable attorney fees for the action.
(c) If the secretary prevails on behalf of the employee, the court shall award a judgment to the agency in an amount equal to the cost of reasonable attorney fees for such action.
See K.S.A. 44-324(c)
K.S.A. 44-323(a) permits the presiding officer, at the presiding officer's discretion, to assess interest as provided under K.S.A. 16-201 on wage claims found due, from the date the wages were due.
(a) At the discretion of the presiding officer, interest, as provided under K.S.A. 16-201, and amendments thereto, may be assessed on wage claims found to be due and owing from the date the wages were due as defined in K.S.A. 44-314, and amendments thereto.
See K.S.A. 44-323(a)
K.S.A. 44-323(b) provides that an officer, manager, major shareholder or other person in charge of an employer's affairs who knowingly permits the employer to violate K.S.A. 44-314 or 44-315 may be deemed the employer for purposes of the Wage Payment Act.
(b) Any officer, manager, major shareholder or other person who has charge of the affairs of an employer, and who knowingly permits the employer to engage in violations of K.S.A. 44-314 or 44-315, and amendments thereto, may be deemed the employer for purposes of this act.
See K.S.A. 44-323(b)
K.S.A. 44-317 makes a person responsible under a contract for work who subcontracts it civilly liable to the subcontractor's employees for wages due for work covered by the contract, but only if and to the extent the subcontractor fails to pay them.
Whenever any person responsible pursuant to a contract for the performance of any work has subcontracted the performance of all or any part of such work, such responsible person shall be civilly liable to the employees of the subcontractor for wages due on account of the performance of work covered by the contract, but only if and to the extent that the subcontractor fails to pay such wages.
See K.S.A. 44-317
K.S.A. 44-321 provides that, except as K.S.A. 44-324 provides, no provision of the Wage Payment Act or right created under it may be contravened, set aside or waived.
Except as provided in K.S.A. 44-324, no provision of, or any right created under this act may in any way be contravened, set aside or waived.
See K.S.A. 44-321
K.S.A. 44-316(b) provides that a release an employer requires as a condition of a payment under that section violates the Wage Payment Act and is null and void.
(b) Unless payment is made by binding settlement agreement, the acceptance by an employee of a payment under this section shall not constitute a release as to the balance of his claim and any release required by an employer as a condition to payment shall be in violation of this act and shall be null and void.
See K.S.A. 44-316(b)
K.S.A. 44-1211(a) makes an employer that pays an employee less than the wages and overtime owed under K.S.A. 44-1201 to 44-1213 liable to the employee for the full amount, less any amount actually paid, plus costs and court-allowed reasonable attorney fees.
(a) On and after January 1, 1978, any employer who pays an employee less than the wages and overtime compensation to which such employee is entitled, under or by virtue of K.S.A. 44-1201 to 44-1213, inclusive, shall be liable to such employee affected for the full amount of such wages and overtime compensation, less any amount actually paid to such employee by the employer, and for costs and such reasonable attorney fees as may be allowed by the court in an action for the recovery of such wages and overtime compensation.
See K.S.A. 44-1211(a)
K.S.A. 44-1211(a) permits one or more employees to maintain the action for unpaid wages and overtime in any court of competent jurisdiction.
Such action may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of such employee or employees.
See K.S.A. 44-1211(a)
K.S.A. 44-1211(a) provides that an agreement between the employee and the employer to work for less than the applicable wage rate is no defense to the action.
Any agreement between such employee and the employer to work for less than the applicable wage rate shall be no defense to such action.
See K.S.A. 44-1211(a)
K.S.A. 44-1211(b) permits the secretary, at the written request of an underpaid employee, to take an assignment of the wage claim in trust and bring any legal action necessary to collect it, with the employer required to pay costs and court-allowed reasonable attorney fees.
(b) On and after January 1, 1978, at the written request of any employee who has been paid less than the amount to which he or she is entitled under the provisions of this act, the secretary may take an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the employer shall be required to pay the costs and such reasonable attorneys' fees as may be allowed by the court.
See K.S.A. 44-1211(b)
K.S.A. 44-1211(b) gives the secretary, in case of suit, power to join various claimants against the same employer in one action.
The secretary in case of suit shall have power to join various claimants against the same employer in one action.
See K.S.A. 44-1211(b)
K.S.A. 44-1206 gives the secretary or an authorized representative authority to enter and inspect a place of business or employment only on receipt of a written complaint from an employee alleging to be aggrieved under the Minimum Wage and Maximum Hours Law.
Only upon receipt of a written complaint from an employee who alleges to have been aggrieved under the provisions of this act on or after January 1, 1978, shall the secretary or the authorized representative of the secretary have authority to enter and inspect any place of business or employment in this state.
See K.S.A. 44-1206
K.S.A. 44-1210(a) provides that an employer convicted of violating K.S.A. 44-1201 to 44-1213 or falsifying any record pertaining to them shall be fined not less than $250 nor more than $1,000.
(a) On and after January 1, 1978, any employer who is convicted of violating any provisions of K.S.A. 44-1201 to 44-1213, inclusive, or falsifying any record pertaining thereto shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).
See K.S.A. 44-1210(a)
K.S.A. 44-1210(b) provides that an employer that discharges or otherwise discriminates against an employee for complaining, instituting a proceeding or testifying about wages under K.S.A. 44-1201 to 44-1213 is in violation of those sections and, on conviction, shall be fined not less than $250 nor more than $1,000.
(b) On and after January 1, 1978, any employer who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his or her employer or the secretary, or to the authorized representative of the secretary, that he or she has not been paid wages in accordance with K.S.A. 44-1201 to 44-1213, inclusive, or rules or regulations issued thereunder, or because such employee has caused to be instituted, or is about to cause to be instituted, any proceeding under or related to K.S.A. 44-1201 to 44-1213, inclusive, or because such employee has testified or is about to testify in any such proceeding, shall be deemed in violation of K.S.A. 44-1201 to 44-1213, inclusive, and, upon conviction therefor, shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).
See K.S.A. 44-1210(b)
K.S.A. 44-1209 requires every employer subject to K.S.A. 44-1201 to 44-1213 to keep, for at least three years in or about the premises where employees work, records of each employee's name, occupation, rate of pay, amount paid each pay period, and hours worked each day and each work week.
On and after January 1, 1978, every employer subject to any provision of K.S.A. 44-1201 to 44-1213, inclusive, or of any rule and regulation adopted pursuant thereto, shall make and keep, for a period of not less than three (3) years, in or about the premises wherein any employee is employed, a record of the name and occupation of each employee, the rate of pay and the amount paid each pay period to each such employee, the hours worked each day and each work week by each such employee and such other information as the secretary may prescribe by rules and regulations as being necessary or appropriate for the enforcement of the provisions of K.S.A. 44-1201 to 44-1213, inclusive, or of the rules and regulations adopted pursuant thereto.
See K.S.A. 44-1209
K.S.A. 44-1209 permits an employer covered by the federal Fair Labor Standards Act to keep the records that act requires in lieu of the records the Kansas recordkeeping section requires.
In lieu of the records required under this section, any employer who is covered under the provisions of the fair labor standards act of 1938, as amended (29 U.S.C.A. § 201 et seq.) and as further amended by the fair labor standards amendments of 1974 and any other acts amendatory thereof or supplemental thereto, may keep and maintain the records required under said fair labor standards act of 1938, as amended.
See K.S.A. 44-1209
K.S.A. 60-512 requires an action upon a liability created by a statute, other than a penalty or forfeiture, to be brought within three years.
The following actions shall be brought within three (3) years: (1) All actions upon contracts, obligations or liabilities expressed or implied but not in writing. (2) An action upon a liability created by a statute other than a penalty or forfeiture.
See K.S.A. 60-512
K.S.A. 60-514 requires an action upon a statutory penalty or forfeiture to be brought within one year.
The following actions shall be brought within one year: (a) An action for libel or slander. (b) An action for assault, battery, malicious prosecution, or false imprisonment. (c) An action upon statutory penalty or forfeiture. (d) An action brought pursuant to K.S.A. 43-173.
See K.S.A. 60-514