Although Kansas has a law that
establishes minimum wage and
overtime pay requirements, the law only
applies to employees who are not
covered under the federal Fair Labor
Standards Act (FLSA). This means that
only a very few Kansas employees are
subject to the Kansas law since nearly all
employees are subject to the FLSA.
The most important wage law for most
Kansas employees is the Kansas Wage
Payment Act. Click here for the law. The
law has a three main features:
It requires the employer to establish
regular pay days that can be no more
than monthly; and
It prohibits employers from withholding
from an employee's check for things
other than taxes and health insurance
and for other purposes for the benefit of
the employee; and
It requires employers to pay employees
the compensation they are due, or at
least that the employer concedes to be
due, or be liable to the employee with
penalty.
The statute is at K.S.A. 44-313 et seq.
establishes minimum wage and
overtime pay requirements, the law only
applies to employees who are not
covered under the federal Fair Labor
Standards Act (FLSA). This means that
only a very few Kansas employees are
subject to the Kansas law since nearly all
employees are subject to the FLSA.
The most important wage law for most
Kansas employees is the Kansas Wage
Payment Act. Click here for the law. The
law has a three main features:
It requires the employer to establish
regular pay days that can be no more
than monthly; and
It prohibits employers from withholding
from an employee's check for things
other than taxes and health insurance
and for other purposes for the benefit of
the employee; and
It requires employers to pay employees
the compensation they are due, or at
least that the employer concedes to be
due, or be liable to the employee with
penalty.
The statute is at K.S.A. 44-313 et seq.
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| MICHAEL M. SHULTZ Call Us 913-385-9955 866-385-9955 toll free email Mike |
| Kansas employment attorneys representing Kansas employees in wage and hour disputes, minimum wage, overtime and other salary disputes. Working with clients throughout Kansas, including Wichita, Topeka, Kansas City, Kansas, Lawrence, Johnson County, Sedgwick County, Shawnee County and Douglas County. |
Kansas Wage Law and Overtime Attorney
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| Kaup & Shultz, LC Overtime Lawyers In Johnson and Douglas Counties 913-385-9955 785-838-4300 |
This website on overtime
law was created by
Michael Shultz an
attorney in Johnson
County and Douglas
County, Kansas, who
practices wage and hour
law. You may learn
more about him by
clicking on the Contact
Us button on the left.
Mike is a Kansas
employment law
attorney who works with
Kansas employees
throughout the Kansas
City area and the state of
Kansas.
law was created by
Michael Shultz an
attorney in Johnson
County and Douglas
County, Kansas, who
practices wage and hour
law. You may learn
more about him by
clicking on the Contact
Us button on the left.
Mike is a Kansas
employment law
attorney who works with
Kansas employees
throughout the Kansas
City area and the state of
Kansas.
| Kansas Wage Payment Act |
| EMPLOYER LIABILITY |
PAY PERIODS: The law requires that an employer have pay periods that occur at least
once during each month and that an employee be paid no later than 15 days after the
end of each pay period.
WITHHOLDING: 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; or (3) the employer has a signed authorization by the
employee for deductions for a lawful purpose accruing to the benefit of the employee.
The law does not prohibit the withholding of amounts authorized in writing by the
employee to be contributed by him 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.
EMPLOYER LIABILITY: If an employer willfully fails to pay an employee wages as
required by K.S.A. 44-314, and amendments thereto, or as required when an employee
leaves employment, the 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.
REMEDIES: An employee can file a complaint against the employer who violates the
Wage Payment Act with the Kansas Department of Labor, or he can file his own lawsuit
against the employer. One drawback of the law is that the employee is not entitled to his
attorneys' fees if he wins his case. Thus, unless there is a lot of money in issue, the
employee might not be able to afford a lawyer to take the case.
For information on filing a claim with the Kansas Department of Labor, click
once during each month and that an employee be paid no later than 15 days after the
end of each pay period.
WITHHOLDING: 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; or (3) the employer has a signed authorization by the
employee for deductions for a lawful purpose accruing to the benefit of the employee.
The law does not prohibit the withholding of amounts authorized in writing by the
employee to be contributed by him 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.
EMPLOYER LIABILITY: If an employer willfully fails to pay an employee wages as
required by K.S.A. 44-314, and amendments thereto, or as required when an employee
leaves employment, the 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.
REMEDIES: An employee can file a complaint against the employer who violates the
Wage Payment Act with the Kansas Department of Labor, or he can file his own lawsuit
against the employer. One drawback of the law is that the employee is not entitled to his
attorneys' fees if he wins his case. Thus, unless there is a lot of money in issue, the
employee might not be able to afford a lawyer to take the case.
For information on filing a claim with the Kansas Department of Labor, click
