Kansas employment law overview

Kansas has laws that provide greater protections to employees than federal law, including antidiscrimination requirements and health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics such as the minimum wage and occupational safety. 

Select Kansas employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Kansas employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Kansas Act Against Discrimination (KAAD) and the Kansas Age Discrimination in Employment Act (KADEA) prohibit employers with four or more employees from discriminating based on protected characteristics, including, but not limited to: 

• Race; 
• Religion; 
• Color; 
• Sex; 
• Disability; 
• National origin; 
• Ancestry; and 
• Age. 

In addition, the KAAD and KADEA prohibit retaliation against an individual who has opposed discrimination, filed a complaint or testified or assisted in a proceeding under the law. 

Equal pay 

State law prohibits an employer from discriminating between employees within any establishment based on sex by paying wages at a rate less than the rate paid to employees of the opposite sex for equal work on jobs requiring equal skill, effort and responsibility, and performed under similar working conditions. An exception may be made if wage rates are based on: 

• A seniority system; 
• A merit system; 
• A system that measures earnings by quantity or quality of production; or 
• A factor other than sex. 

Pay transparency 

Kansas does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions 

Kansas does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights 

Kansas does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation 

Kansas does not have requirements for private employers related to pregnancy accommodation. 

Breastfeeding breaks 

Kansas does not have requirements for private employers related to breastfeeding breaks.

Access to personnel files 

Kansas law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections 

Kansas does not have a whistleblower law applicable to private employers. 

Scheduling 

Kansas does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Kansas employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

The Kansas Fair Credit Reporting Act generally prohibits the reporting of old bankruptcies, suits or judgments, tax liens, collection accounts and arrests. However, this prohibition does not apply if the consumer credit report is to be used in connection with the employment of any individual whose annual salary is at least $20,000. 

The law requires an employer to disclose to an applicant that an investigative consumer report has been sought and will be used for employment purposes. The employer must also advise the individual if an employment decision is based on information contained in the report and supply the name and address of the consumer reporting agency that supplied the report. 

Ban the Box and Fair Chance 

Kansas does not have a state ban-the-box or fair chance law applicable to private employers. 

E-Verify 

There are no state-specific requirements for private employers related to the use of E-Verify in Kansas. 

Wage and hour 

Kansas employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

An employer that is not already covered by the federal Fair Labor Standards Act must pay its nonexempt employees a minimum wage of $7.25 per hour. 

Overtime 

Kansas law requires an employer to pay employees overtime for all hours worked in excess of 46 hours in a workweek. The state’s 46-hour overtime threshold comes into play only when an employee is exempt from the federal overtime requirements but not from the state’s overtime requirements. 

Meal and rest breaks 

Meal and rest periods of less than 30 minutes are compensable if they occur between the start of the employee’s shift and the end of the shift. Lunch periods that last 30 minutes or more are not considered compensable time when the employee has previously been advised that it is a nonpaid period and no services are required to be performed. 

Child labor 

Child labor laws in Kansas restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

All minors are prohibited from working in hazardous occupations, and minors under the age of 16 are prohibited from working in a variety of other occupations, such as manufacturing and transportation. Child labor laws also list many occupations in which minors are actively permitted to engage, such as office and clerical work. 

With some exceptions, children under the age of 16 may not work: 

• For more than eight hours in one calendar day; 
• For more than 40 hours in one workweek; or 
• Before 7 a.m. or after 10 p.m., except on any evening that does not precede a school day. 

Pay and benefits 

Kansas employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

Under the Kansas Wage Payment Act, an employer must pay employees in cash or by check or draft that is negotiable in the community in which the workplace is located. An employer may pay wages by direct deposit or electronic paycards if certain conditions are met. 

Pay frequency and lag time 

Employees must be paid on regular paydays designated in advance, occurring at least once each calendar month. 

Pay deductions 

An employer is generally prohibited from making deductions from employees’ wages. Exceptions include deductions required by state or federal law, where the employee provides written authorization and certain contributions (e.g., retirement plan, charity, union dues). 

Pay statements 

An employer must provide each employee with an itemized statement showing deductions taken from the employee’s wages covering each pay period in which the deductions were made. Employees have the right to request an itemized statement of deductions. 

Wage theft 

Kansas does not have a wage theft law applicable to private employers. 

Health care continuation 

Kansas group health policies issued to employers with two to 19 employees generally require that continuation coverage be extended to employees and their covered dependents whose coverage terminates, regardless of the reason for the termination. Continuation coverage may last for up to 18 months. 

Temporary disability insurance 

Kansas does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Kansas employers may be required to follow certain requirements with respect to time off and leaves of absence. 

Family and medical leave 

Kansas does not have a state family and medical leave law applicable to private employers. 

Paid sick leave 

Kansas does not have a state paid sick leave law applicable to private employers. 

Other time off requirements 

Kansas has laws related to time off and leaves of absence, including but not limited to:

• Maternity leave; 
• Voting leave; 
• Military leave; 
• Jury duty leave; 
• Domestic violence leave; and 
• Emergency responder leave. 

Health and safety 

Kansas employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Kansas does not have a federally approved state plan governing occupational safety and health. Therefore, the Occupational Safety and Health Administration (OSHA) has authority over private sector employers in the state. 

Drug and alcohol testing 

Kansas employers may establish their own drug and alcohol testing policies and require employees and job applicants to submit to such tests as a condition of employment as long as the testing program and subsequent action based on test results complies with the ADA, the Kansas Act Against Discrimination and state Human Rights Commission rules, collective bargaining agreements and other laws that protect workers from discrimination or violations of privacy. 

Smoke-free workplace 

The Kansas Indoor Clean Air Act prohibits smoking in all places of employment. Limited exceptions apply. An employer is required to post signs stating that smoking is prohibited by law and is also required to adopt and maintain a written policy prohibiting smoking in the workplace. 

Weapons in the workplace 

The Personal and Family Protection Act expressly permits an employer to restrict or prohibit employees from carrying a concealed weapon while on the employer’s business premises or while engaged in the employee’s employment duties. However, employees may store their firearms in their vehicles on the employer’s property. An employer that prohibits carrying a concealed weapon must post a conspicuous sign prohibiting such activity. 

Safe driving practices

Kansas prohibits all drivers from texting while driving. The state prohibits talking on a cell phone while driving only for drivers under the age of 18. 

Organizational exit 

Kansas employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

An employee who resigns or is terminated must be paid no later than the next regular payday. The wages must be paid by the employer’s regular payment methods or, if requested by the employee, by mail. 

Mass layoffs 

Kansas does not have a mini-WARN Act requiring advance written notice of a plant closing or mass layoff beyond what federal law requires. However, Kansas does prohibit certain employers from willfully limiting or stopping operations for the purpose of limiting production or transportation, or to affect prices in order to avoid state labor and employment laws. 

AI in employment 

Kansas does not have a law related to AI in employment applicable to private employers.