The Kansas Labor Law Guide

Minimum wage is the lowest hourly rate an employer can legally pay. The federal rate sets a floor, and states, cities, and regions can adopt their own.

Kansas has a state minimum wage of $7.25, but it applies only to employees not covered by the federal FLSA. Since the rates are currently identical, most employers simply follow the $7.25 federal standard.

Local cities and counties in Kansas generally do not set their own higher minimum wage rates.

Tipped minimum wage is the lowest hourly cash wage for employees who earn a big share of their pay through tips.

Employers may claim a tip credit, but tips plus the $2.13 cash wage must equal at least the full minimum wage of $7.25 per hour. If they do not, the employer must make up the difference.

Kansas has an unusual 46-hour rule that applies only to employers not covered by the FLSA.

• Federal rule (most employers): employers covered by the federal FLSA must pay overtime (1.5x) after 40 hours in a workweek.
• State rule (non-FLSA employers): employers not covered by the federal FLSA must pay overtime (1.5x) only after 46 hours in a workweek.

Kansas law does not require employers to provide meal periods or rest breaks. The federal FLSA also does not require breaks.

If an employer chooses to provide breaks:

• Rest breaks (roughly 20 minutes or less) must be paid and counted as work time.
• Meal periods (30 minutes or more) may be unpaid if the employee is completely relieved of all duties.

Vacation leave

Kansas does not require employers to provide paid or unpaid vacation leave. Employers may set their own policies, but if a policy or contract promises paid vacation, Kansas regulators generally enforce its terms on accrual and payout.

Paid sick leave

Kansas has no state law requiring private employers to provide paid or unpaid sick leave.

Holidays

Kansas state law does not require private employers to provide paid or unpaid holiday leave.

Kansas generally adopts the federal Fair Labor Standards Act (FLSA) standards for child labor. Most Kansas employers are covered by the FLSA and must follow its stricter regulations.

Work permits (state-specific exception)

• Students: Kansas law does not require work permits for minors under 16 who are enrolled in or attending secondary school.
• Non-students: a work permit is required for children under 16 who are not enrolled in or attending secondary school.

Minors ages 14-15

Federal standards (apply to most employers):

• School days: max 3 hours per day.
• School weeks: max 18 hours per week.
• Non-school days: max 8 hours per day.
• Non-school weeks: max 40 hours per week.
• Hours: 7:00 a.m. to 7:00 p.m. (extended to 9:00 p.m. from June 1 through Labor Day).

State standards (non-FLSA employers only):

• If an employer is not covered by the FLSA, minors under 16 may work up to 8 hours per day and 40 hours per week.
• Time: 7:00 a.m. to 10:00 p.m. when school is in session (this is looser than federal law, so most employers should stick to the federal 7 p.m. limit to be safe).

Minors ages 16-17

• Hours: there are no state or federal restrictions on the number of hours or times of day minors aged 16 or 17 may work.
• Overtime: minors aged 16 and older are eligible for overtime pay if they work more than 40 hours in a workweek (or 46 hours if strictly under state law).
• Restrictions: prohibited from working in hazardous occupations (for example, driving, excavation, roofing) as defined by the U.S. Secretary of Labor.

Breaks

• Breaks are not required under Kansas state law or federal law for minors.
• If an employer chooses to provide breaks, those lasting 20 minutes or less must be paid.