Filing a Wage and Hour Claim – Kansas
Does Kansas have state overtime laws that are different from federal law?
Under Kansas law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than forty-six hours in one week.
Some employees are exempt from the overtime requirement. Employees engaged in administrative, professional, executive, outsides sales or agricultural activities are exempt from the overtime requirement. Additionally, the following employees are exempt under Kansas law:
- Domestic service employees
- Motor vehicle salespeople
- People serving a sentence in a state prison or county jail
Does Kansas have a minimum wage that is different from federal law?
The current minimum wage in Kansas is $7.25 per hour. Employers can use tips and gratuities to reduce the minimum wage required to $2.13
Does Kansas have meal and rest break requirements, unlike federal law?
Kansas does not have any meal or rest break requirements.
How do I file a wage/hour or labor standards claim in Kansas?
You can file a claim with the Department of Labor. This can be done by filling out a Claim for Wages available at http://www.dol.ks.gov/es/einfo.html. The filing should include as much information and documentation as possible. This process can be completed with or without an attorney.
What are my time deadlines?
If you have a wage/hour complaint, do not delay in contacting the Department of Labor to file a claim. Strict deadlines apply to wage claims.
How can I or my attorney pursue a claim in court in Kansas?
In Kansas, employees can file a private lawsuit to recover unpaid wages.
State Labor Agency
Kansas Department of Labor
401 SW Topeka Boulevard
Topeka, KS 66603
This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.
© 2015 Workplace Fairness