Kansas · Updated May 2026

Kansas labor law, encoded as policies you can deploy.

State OT trigger at 46 hours/week — distinctive among states — Kansas Statute § 44-1203 sets state OT at 46 hours/week, NOT the federal 40-hour standard. Important nuance: state law applies ONLY to workers NOT covered by federal FLSA. Most KS workers are covered by federal FLSA (40-hour trigger). State 46-hour rule applies to small intrastate employers under $500K not engaged in interstate commerce.

Last updated: May 4, 2026 22 policies covered Reviewed against KDOL 2026 guidance

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Kansas minimum wage at federal $7.25 floor

KSA 44-1203 mirrors federal $7.25/hr. State preemption blocks counties and municipalities from setting higher minimum wages. Tipped $2.13 cash + tip credit. KS-specific $20/month tipped threshold (lower than federal $30/month).

Block close without vacation payout Surface PLAWA-vacation comingling risk

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State OT at 46 hours (covers non-FLSA workers only)

KSA 44-1203 sets state OT trigger at 46 hours/week. Applies ONLY to workers NOT covered by federal FLSA. Most KS workers are covered by federal FLSA (40-hour trigger). Narrow carve-out for small intrastate employers under $500K not engaged in interstate commerce.

PLAWA balance on every paystub Warn on retaliation pattern

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Kansas Act Against Discrimination (KAAD, 4+ employees)

KSA 44-1001 — anti-discrimination at 4+ employee threshold (broader than federal Title VII). Categories: race, religion, color, sex, national origin, ancestry, disability, age 40+, genetic info. KHRC enforces with 6-month SOL. Sexual orientation/gender identity NOT explicitly protected at state level.

Block schedule under 14-day notice Predictability pay on changes

Compliance, on autopilot.

Kansas's wage and hour rules in 2026 are defined by structural distinctiveness in the OT framework and modest statutory protections elsewhere. $7.25 state minimum (KSA § 44-1203, mirrors federal); state OT at 46 hours/week (KSA § 44-1203 — covers only non-FLSA workers, distinctive); monthly pay frequency minimum (KSA § 44-314); tightly restricted wage deductions (KSA § 44-319); state preemption blocks local wage ordinances. Layered on top: Kansas Act Against Discrimination (KAAD, KSA § 44-1001) at 4+ employee threshold (broader than Title VII); Universal domestic violence and sexual assault leave (8 days unpaid, all employers, no size threshold — KS-distinctive); 2024 PEO registration transferred to Secretary of State (HB 2790); workers' compensation maximum weekly benefit $869 (raised in 2025); right-to-work state framework; multi-factor common law IC test; KDOL Office of Employment Standards enforces wage claims; KHRC enforces anti-discrimination. Teambridge encodes these as composable rules, runs them at shift create / save / clock-out, and preserves the audit trail.

Optimize

Silently routes around the issue.

Flag

Surfaces a note. Action proceeds.

Avoid

Warns and discourages. Allows override.

Critical

Strong warning. Requires acknowledgment.

Block

Hard stop. Cannot proceed.

Softer Harder

The Kansas policy library

18 rules. The right severity for each.

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Universal DV/SA leave (8 days, all employers)

Kansas requires ALL employers (no size threshold) to provide up to 8 days of unpaid leave per calendar year for workers experiencing domestic violence or sexual assault. Workers may use accrued PTO first. Employer can require documentation within 48 hours of return.

Universal coverage 8 days unpaid Accrued PTO first

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Kansas Wage Payment Act (KSA 44-313 et seq.)

Foundational state wage payment statute. Monthly pay frequency minimum. Next-payday final pay. Tightly restricted wage deductions (only by law, written authorization, retirement, overpayments). Cannot reduce worker below minimum wage. KDOL Office of Employment Standards enforces.

Monthly minimum Tight deduction limits KDOL enforcement

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Federal FMLA only (no state PSL or PFML)

Kansas has no state PSL or PFML. Federal FMLA primary leave framework — 12 weeks unpaid at 50+ employee employers. State preemption blocks city PSL ordinances. Universal DV/SA leave (8 days, all employers) provides limited state-specific protections.

Federal FMLA only State preemption No state PSL

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IC classification: multi-factor common law test

Kansas applies multi-factor common law test (similar to IRS framework). Behavioral control + financial control + relationship type. PEO framework changed in 2024 (HB 2790 — registration moved to Secretary of State). WC max benefit raised to $869 in 2025.

Multi-factor test PEO framework changed $869 WC max

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Kansas child labor (KSA 38-603)

Federal-aligned with state nuances. No work permits required. 14-15 year-olds: 3 hrs/school day, 8 hrs non-school; 18 hrs/school week, 40/summer; 7am-7pm (9pm summer); no work 10pm-7am preceding school days. 16-17: no state hour restrictions. Hazardous occupations prohibited under 18.

No work permits 14-15 hour limits Hazardous prohibitions

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State preemption of local wage ordinances

Kansas state preemption blocks counties and municipalities from setting higher minimum wages. No Kansas city has a local minimum wage ordinance. Uniform $7.25 statewide for multi-state operator wage routing.

Local preemption Uniform statewide No city wage ordinances

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PEO framework: registration moved to Secretary of State

HB 2790 (2024) transferred Professional Employer Organization registration from Insurance Commissioner to Kansas Secretary of State, eff Jan 1, 2025. New permanent regulations K.A.R. 7-16-1 et seq. PEOs must hold valid SOS-issued registration with reporting and client disclosure requirements.

SOS registration K.A.R. 7-16-1 Multi-state PEO impact

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Workers' Comp maximum weekly benefit $869 (2025)

Kansas Workers' Compensation Division administers framework. Maximum weekly benefit raised to $869 in 2025 (significant increase from prior level). Most employers required to maintain WC insurance. Limited coverage exclusions for agricultural workers, sole proprietors, partners.

$869 max weekly 2025 increase Most employers covered

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Kansas final pay (next regular payday)

KSA 44-315 — final pay by next regular payday following separation. Same rule whether worker resigned or was terminated. Distinguishes KS from aggressive 24-hour rules (UT) or same-day frameworks (CA). Standard next-payday provides employer flexibility.

Next payday Same rule for quit/fire Operational flexibility

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KS-specific $20/month tipped threshold

KSA 44-1203 specifically requires workers earning $20+/month in tips to qualify as tipped employees, lower than federal $30/month threshold. The lower threshold means more KS workers qualify as tipped employees with $2.13 cash wage applicable.

$20/month threshold Lower than federal More tipped workers

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Kansas vacation/PTO policy flexibility

Kansas allows employers to establish written policies that condition vacation payout on advance notice or other requirements. Use-or-lose policies permitted. Caps permitted. Employees lose unused vacation if quit without proper notice (per policy). Provides employer flexibility in PTO design.

Policy flexibility Use-or-lose allowed Caps allowed

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No state meal or rest breaks required

Kansas does not require meal or rest breaks for adult workers. KDOL recommends 10-minute rest break for every 4 hours worked. Federal default: short breaks (5-20 min) must be paid; meal periods (30+ min) need not be paid if worker fully relieved. Federal PUMP Act applies for nursing mothers.

No state requirement KDOL recommends 10-min/4hr Federal default

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Jury duty leave (unpaid)

Kansas allows workers to take time off for jury duty. Leave is unpaid under state law. Workers cannot be required to use vacation/sick leave during jury service. Anti-retaliation provisions apply.

Unpaid leave Cannot require PTO use Anti-retaliation

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Direct deposit cannot be required (KSA)

KDOL: 'Unless you work for the federal government, your employer cannot make you participate in direct deposit.' Workers must consent to direct deposit. Employer must provide alternative payment method if worker doesn't consent.

Worker consent Federal exception Alternative method required

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Kansas right-to-work framework

Kansas is right-to-work state. Workers cannot be required to join a union or pay union dues as a condition of employment. CBAs may not include compulsory membership clauses. Kansas is also employment-at-will state.

Right to work Employment at will No mandatory dues

01KSA § 44-1203 — state OT applies only to workers NOT covered by federal FLSA

Kansas's overtime framework under KSA § 44-1203 is structurally distinctive: state OT is due once a worker has worked 46 hours within a week — NOT the federal 40-hour standard. The 46-hour threshold is among the few state OT thresholds that exceed federal. Compare CA (Lab Code § 510 — 8 daily / 40 weekly with double time at 12); NV (NRS 608.018 — 8 daily / 40 weekly under specific tier); MA (G.L. c. 151 § 1A — 40 weekly); most southern states (federal 40 weekly only).

Critical scope limit: the state 46-hour OT rule applies ONLY to workers NOT covered by federal FLSA. Per KDOL guidance: 'State law says that overtime is due once an employee has worked 46 hours within a week. Federal law says that overtime is due once an employee has worked 40 hours within a week.' Determining factor: 'The determining factors involve the amount of annual revenue and interstate commerce of a business.' Most KS workers are covered by federal FLSA (40-hour trigger).

Coverage analysis: Federal FLSA generally applies to: (1) employers with $500,000+ in gross annual sales; OR (2) employers engaged in interstate commerce. Plus specific categories regardless of sales volume: hospitals; schools; government agencies. Most Kansas workers are covered through the interstate commerce nexus. State 46-hour rule reaches: (1) small intrastate employers under $500K not engaged in interstate commerce; (2) workers in specific FLSA-exempt categories that nevertheless meet KSA § 44-1203 coverage.

Practical implications: for typical multi-state operators, KS workforces operate under federal FLSA 40-hour rule. The state 46-hour rule is a narrow carve-out for small intrastate employers. Operators should NOT rely on the 46-hour rule for routine workforce management — most workers fall under federal 40 hours. Misapplication of the 46-hour rule to FLSA-covered workers exposes the employer to FLSA back-pay liability plus liquidated damages.

Federal IRC § 225 OT deduction conformity: Kansas uses federal AGI as starting point for state taxable income. Federal IRC § 225 OT tax deduction (One Big Beautiful Bill Act, effective 2025-2028) provides up to $12,500 single / $25,000 married filing jointly of qualified OT compensation premium deductible from federal taxable income. Because Kansas uses the federal AGI starting point, the federal deduction reduces Kansas taxable income automatically. As of March 2026, Kansas Legislature has not introduced standalone bills to create separate state OT exemption. Multi-state operators with KS workforces should configure: (1) federal 40-hour OT for FLSA-covered workers; (2) state 46-hour OT only for non-FLSA-covered carve-outs (rare); (3) federal IRC § 225 deduction tracking for both federal and state income tax benefit.

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State OT at 46 hours (covers non-FLSA workers only)

46-hour state trigger Most under federal 40 Non-FLSA carve-out only

Why KS's 46-hour OT trigger is structurally unique Kansas's overtime framework under KSA § 44-1203 is structurally distinctive: state OT is due once a worker has worked 46 hours within a week — NOT the federal 40-hour standard. The 46-hour threshold is among the few state OT thresholds that exceed federal. Most states either: (1) match federal 40 hours; (2) add daily OT triggers (CA, AK, NV); or (3) have no state OT at all. Kansas is one of the only states with a higher state OT trigger than federal. Critical scope limit: the state 46-hour OT rule applies ONLY to workers NOT covered by federal FLSA. Most Kansas workers ARE covered by federal FLSA — meaning the federal 40-hour rule applies. State 46-hour rule reaches: (1) small intrastate employers under $500K gross sales not engaged in interstate commerce; (2) workers in specific FLSA-exempt categories that nevertheless meet KSA § 44-1203 coverage. Federal IRC § 225 OT deduction conformity: Kansas uses federal AGI as starting point for state taxable income. Federal IRC § 225 OT tax deduction (One Big Beautiful Bill Act, 2025-2028, up to $12,500 single / $25,000 married joint) flows through to Kansas taxable income automatically. Workers receive both federal and state tax benefit on qualifying OT income. Operational implications: multi-state operators with KS workforces should configure: (1) federal FLSA coverage analysis to determine which workers fall under federal 40-hour rule vs state 46-hour rule; (2) most workers fall under federal rule; (3) small intrastate employers may have a small subset of workers under state 46-hour rule.

Read the full Kansas state ot at 46 hours (distinctive among states) guide →

02KSA § 44-1001 — anti-discrimination at lower threshold than Title VII

Kansas Act Against Discrimination (KAAD) under KSA §§ 44-1001 et seq. prohibits employment discrimination at the 4+ employee threshold. The 4-employee threshold is broader than federal Title VII's 15-employee threshold. Smaller KS employers (4-14 employees) face state-level anti-discrimination obligations that federal Title VII doesn't reach.

Protected categories under KAAD (KSA § 44-1009): (1) Race, religion, color, sex (including pregnancy), national origin, ancestry, disability: standard categories. (2) Age (40+): KAAD specifically covers age 40+ at 4+ employee threshold (broader employer reach than federal ADEA's 20-employee threshold). (3) Genetic information: KAAD specifically covers. Notable absences: sexual orientation and gender identity NOT explicitly protected at state level. Federal Bostock v. Clayton County (2020) extended Title VII's 'sex' protection to cover sexual orientation and gender identity, applying in KS regardless of state statute (for FLSA-covered employers).

Enforcement: Kansas Human Rights Commission (KHRC) investigates state-level claims. Workers may file with KHRC within 6 months (180 days) of the alleged discriminatory act. Workers may file with EEOC for federal claims (300 days where state agency exists; KS qualifies as work-share state). Through work-share agreement, KHRC complaints often satisfy parallel EEOC filing requirements.

Damages framework: KAAD provides for back pay, reinstatement, attorney fees, and other equitable relief. Compensatory and punitive damages available in private civil actions. Workers may pursue parallel federal claims under Title VII, ADEA, ADA, GINA, PWFA with damages caps based on employer size (currently $50K-$300K under Title VII).

Pregnancy accommodation: federal Pregnant Workers Fairness Act (effective June 27, 2023) applies to KS employers with 15+ employees. Kansas has no separate state pregnancy accommodation statute beyond KAAD's prohibition on pregnancy discrimination. PWFA provides the entire pregnancy accommodation framework for 15+ employee employers. Multi-state operators expanding to KS should configure: (1) KAAD compliance from 4 employees; (2) federal Title VII/ADA/PWFA coordination at 15 employees; (3) federal ADEA at 20 employees; (4) federal FMLA at 50 employees; (5) parallel state-federal claim coordination workflow with KHRC and EEOC.

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Kansas Act Against Discrimination (KAAD, 4+ employees)

4+ employees Age 40+ at 4 emp No explicit SO/GI

Why KAAD's 4-employee threshold is among lowest in the country Kansas Act Against Discrimination (KAAD) under KSA § 44-1001 et seq. prohibits employment discrimination at the 4+ employee threshold — among the lowest in the country alongside OK (1+ via OADA), IA (4+ via ICRA), AR (9+ via ACRA). The 4-employee threshold reaches small employers federal Title VII (15+) doesn't reach. Protected categories under KAAD: race, religion, color, sex (including pregnancy), national origin, ancestry, disability, age (40+, with KAAD specifically — vs federal ADEA 20+), genetic information. Sexual orientation and gender identity NOT explicitly protected at state level (federal Bostock applies). Enforcement: Kansas Human Rights Commission (KHRC) investigates state-level claims. Workers may file with KHRC within 6 months of alleged discriminatory act (180 days). Workers may file with EEOC for federal claims (300 days where state agency exists, KS qualifies). Workers may pursue parallel federal claims under Title VII, ADEA, ADA, GINA, PWFA where applicable.

Read the full Kansas kansas act against discrimination (kaad, 4+ employees) guide →

03Kansas requires ALL employers to provide 8 days unpaid leave (no size threshold)

Kansas's domestic violence and sexual assault leave framework is structurally distinctive among states for its universal coverage — ALL employers with no minimum employee threshold. Workers may take up to 8 days of unpaid leave per calendar year for purposes related to domestic violence or sexual assault. Most states' state-specific leaves have employer-size thresholds (50+, 25+, 15+); Kansas reaches every employer.

Eligibility: covers workers experiencing domestic violence or sexual assault, including stalking. Includes workers whose immediate family member is experiencing domestic violence or sexual assault. Worker must request leave for permissible purposes related to the violence/assault.

Permissible purposes: (1) Medical attention: seeking medical attention for injuries from domestic violence or sexual assault. (2) Victim services: obtaining services from victim services organization. (3) Counseling: obtaining psychological or counseling services. (4) Safety planning: participating in safety planning, relocation, or other actions to increase safety. (5) Legal services: seeking legal assistance to protect from domestic violence/sexual assault.

Use of accrued paid leave: workers may use accrued paid leave (vacation, sick leave, personal leave) first for these purposes. If accrued paid leave is unavailable or has been exhausted, employers must allow up to 8 days of unpaid leave per calendar year.

Documentation: employers may require documentation supporting the need for leave. If requested, the worker must provide documentation within 48 hours after returning to work. Acceptable documentation may include: court records; police reports; documentation from victim services organization; medical records; written statement from worker, attorney, or victim services advocate. Confidentiality: employer must maintain confidentiality regarding any information or documentation related to domestic violence or sexual assault leave. Anti-retaliation provisions apply — workers cannot be discharged, demoted, denied employment opportunities, or otherwise discriminated against for: (1) requesting leave; (2) using leave; (3) filing complaints about leave denials. Multi-state operators with KS workforces should configure: (1) DV/SA leave request workflow with universal coverage (no size threshold); (2) accrued PTO use sequencing; (3) confidential documentation capture; (4) 8-day annual cap tracking; (5) anti-retaliation training for managers; (6) federal FMLA coordination for serious health conditions arising from DV/SA.

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Universal DV/SA leave (8 days, all employers)

Universal coverage 8 days unpaid Accrued PTO first

Why KS's universal coverage on DV leave reaches employers federal frameworks miss Kansas's domestic violence and sexual assault leave framework is structurally distinctive among states for its universal coverage — ALL employers with no minimum employee threshold. Workers may take up to 8 days of unpaid leave per calendar year for purposes related to domestic violence or sexual assault. Coverage scope: applies to all Kansas employers regardless of size — distinguishes KS from most states' state-specific leaves that have employer-size thresholds. Workers may use accrued paid leave (vacation, sick leave, personal leave) first; if exhausted, employers must allow up to 8 days of unpaid leave. Permissible purposes: seeking medical attention for injuries from domestic violence/sexual assault; obtaining services from victim services organization; obtaining psychological/counseling services; participating in safety planning, relocation, or other actions to increase safety; seeking legal assistance to protect from domestic violence/sexual assault. Documentation: employers may require documentation supporting the need for leave; if requested, the worker must provide documentation within 48 hours after returning to work. Employer must maintain confidentiality regarding any information or documentation related to the leave. The framework is comparable to: CA (Lab Code § 230 — Time Off for Victims), CO (CO Rev Stat § 24-34-402.7), HI (HRS § 378-71), with state-specific variations. KS's universal coverage (no employer-size threshold) is distinctive.

Read the full Kansas universal domestic violence and sexual assault leave guide →

04KSA § 44-1203 — uniform $7.25 statewide; tipped $2.13 with $20/month threshold

Kansas's minimum wage is $7.25/hr — the federal floor — under KSA § 44-1203 (Kansas Minimum Wage Law). The state has adopted the federal rate by reference. The rate has remained at $7.25 since 2010.

Coverage threshold: Kansas Minimum Wage Law applies to workers NOT covered by federal FLSA. Per KDOL: 'All employees not covered by the Federal Fair Labor Standards Act must be paid Kansas minimum wage.' Most Kansas workers ARE covered by federal FLSA (which sets $7.25 federal minimum). State law specifically reaches: (1) small intrastate employers under $500K gross sales not engaged in interstate commerce; (2) workers in specific FLSA-exempt categories that nevertheless meet KSA coverage.

Tipped wage $2.13 with KS-specific $20/month threshold: Kansas Statute § 44-1203 specifically requires workers earning $20+/month in tips to qualify as tipped employees — lower than federal $30/month threshold. The lower threshold means more Kansas workers qualify as tipped employees with $2.13 cash wage applicable. Tip credit reaches $7.25 with combined cash + tips.

State preemption framework: Kansas state preemption blocks counties and municipalities from setting higher minimum wages. No Kansas city or county has a local minimum wage ordinance. Multi-state operators with KS workforces face uniform $7.25 statewide.

Federal $684/week ($35,568/year) exempt threshold applies. Kansas does not set a higher state-specific exempt threshold. The DOL's attempted 2024 increase to $1,128/week was vacated by the Eastern District of Texas in November 2024. KS tracks federal exempt classifications and duties tests under FLSA without state-specific modifications. Workers' compensation maximum weekly benefit raised to $869 in 2025 — significant increase from prior level. Kansas Workers' Compensation Division administers framework.

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Kansas minimum wage at federal $7.25 floor

Federal floor $2.13 tipped $20/month tipped threshold

Why KS's $20/month tipped threshold reaches workers federal $30 doesn't Kansas's minimum wage is $7.25/hr — the federal floor — under KSA § 44-1203. State preemption blocks counties and municipalities from setting higher minimum wages. No Kansas city has enacted a local minimum wage ordinance. Tipped wage $2.13 with KS-specific $20/month threshold — Kansas requires workers earning $20+/month in tips to qualify as tipped employees, lower than federal $30/month threshold. Kansas Statute § 44-1203 specifically references this lower threshold. Tip credit reaches $7.25 with combined cash + tips. The lower threshold means more KS workers qualify as tipped employees with $2.13 cash wage applicable. Coverage: Kansas Minimum Wage Law applies to workers NOT covered by federal FLSA. Most KS workers ARE covered by federal FLSA (which has $7.25 federal minimum). The state law specifically reaches small intrastate employers under $500K not engaged in interstate commerce — same employers also subject to state 46-hour OT rule. No state OT statute for FLSA-covered workers. Federal $684/week exempt threshold applies. Workers' compensation maximum weekly benefit raised to $869 in 2025 — significant increase from prior level.

Read the full Kansas federal $7.25 floor + state preemption guide →

05Monthly pay frequency minimum; tightly restricted wage deductions

Kansas Wage Payment Act under KSA §§ 44-313 et seq. is Kansas's foundational state wage payment statute. Administered by Kansas Department of Labor (KDOL) Office of Employment Standards. Coverage applies broadly to Kansas private and public employers.

Pay frequency under KSA § 44-314: 'Your employer must pay you at least once a month. Your employer must pay on regular paydays and inform you of paydays in advance.' Monthly minimum compliant frequency. Workers must be paid on regularly scheduled paydays announced in advance. Direct deposit permissible but not required: 'Unless you work for the federal government, your employer cannot make you participate in direct deposit.'

Final pay timing under KSA § 44-315: by next regular payday following separation. Same rule applies whether worker resigned or was terminated. Distinguishes KS from aggressive same-day frameworks (CA on discharge, MA, NV) and from 24-hour rules (UT). Standard next-payday rule provides employer operational flexibility.

Wage deduction restrictions under KSA § 44-319: Kansas employers can only make wage deductions for: (1) Items required by law: federal/state taxes, FICA, court-ordered garnishments. (2) Written authorization: deductions specifically authorized in writing by the worker for lawful purposes (health insurance premiums, voluntary 401(k) contributions, charitable contributions). (3) Retirement plans: retirement plan contributions per plan terms. (4) Overpayment recovery: recovery of overpayments. The deductions may not reduce wages below minimum wage. Unauthorized deductions from wages are illegal except for taxes and court-ordered garnishments. KDOL enforces violations and can recover back pay plus civil penalties.

Vacation payout: Kansas allows employers to establish written policies that condition vacation payout on requirements like: advance notice (e.g., two weeks' notice when quitting); reaching anniversary date; not exceeding cap; use-or-lose policies (employees lose unused vacation days at year-end if not used). The framework provides employer flexibility — employers must follow their own written policies consistently. KDOL Office of Employment Standards enforcement: handles wage claims for unpaid wages. Workers file wage claim forms; KDOL investigates and may pursue collection on worker's behalf. KDOL can issue fines and penalties for labor law violations. Multi-state operators with KS workforces should configure: (1) monthly pay frequency or shorter; (2) wage deduction authorization workflow capturing written employee consent; (3) next-payday final pay automation; (4) written vacation/PTO policy administration; (5) records retention 3 years (federal FLSA standard).

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Kansas Wage Payment Act (KSA 44-313 et seq.)

Monthly minimum Tight deduction limits KDOL enforcement

Why KS's wage deduction restrictions create operational discipline Kansas Wage Payment Act under KSA §§ 44-313 et seq. is Kansas's foundational state wage payment statute. Administered by KDOL Office of Employment Standards. The framework's key features: monthly pay frequency minimum under KSA § 44-314 (workers must be paid at least once per month on regular paydays); tightly restricted wage deductions under KSA § 44-319 (limited to: items required by law; written authorization for lawful purposes; retirement plans; overpayment recovery — cannot reduce worker below minimum wage). Final pay timing under KSA § 44-315: by next regular payday following separation. Same rule applies whether worker resigned or was terminated. Vacation payout follows employer policy — Kansas allows employers to establish written policies that condition vacation payout on advance notice or other requirements. Wage statement requirements: KSA § 44-319 requires employers to provide pay statements showing earnings and deductions. Direct deposit is permissible but cannot be required (except for federal government workers) — workers must consent to direct deposit. KDOL Office of Employment Standards enforcement: handles wage claims for unpaid wages. Workers file wage claim forms; KDOL investigates and may pursue collection on worker's behalf. KDOL can issue fines and penalties for labor law violations.

Read the full Kansas kansas wage payment act (ksa § 44-313 et seq.) guide →

06Federal FMLA primary; KAAD provides parallel discrimination framework

Kansas has no statewide paid sick leave law. State preemption blocks any city from requiring it. Workers in KS rely on: (1) federal FMLA (12 weeks unpaid, job-protected at 50+ employee employers); (2) universal domestic violence and sexual assault leave (8 days unpaid, all employers); (3) unpaid jury duty leave; (4) any voluntary employer-provided PSL or PTO.

Federal FMLA framework: covers KS employers with 50+ employees within 75 miles. Workers eligible after 12 months of employment and 1,250 hours worked in the preceding 12 months. Up to 12 weeks of unpaid, job-protected leave per 12-month period for: birth/bonding with new child; care for spouse, child, or parent with serious health condition; worker's own serious health condition; qualifying military exigency. Up to 26 weeks for caring for covered service member with serious injury or illness.

Kansas-specific unpaid leaves: Universal Domestic Violence and Sexual Assault Leave: 8 days unpaid per calendar year, ALL employers, no size threshold (covered separately above). Jury Duty Leave: employers must allow workers to perform jury duty. Leave is UNPAID under state law. Workers cannot be required to use vacation/sick leave during jury service. Cannot retaliate. Voting Leave: KS does not require employers to provide leave for voting. Military Leave: federal USERRA covers private sector; state-specific protections for KS National Guard members.

Right-to-work state framework: Kansas is right-to-work — workers cannot be required to join a union or pay union dues as a condition of employment. CBAs may not include compulsory membership clauses. Multi-state operators expanding to KS from union-active states (NY, NJ, MI, IL) face different organizing dynamics.

PFML legislation has not advanced significantly in the Kansas Legislature. Given current political alignment and right-to-work framework, PFML enactment in KS is unlikely in the 2026-2027 timeframe. Operators should not anticipate state PFML in near-term planning. Voluntary employer-provided PFML through private insurance or self-funded programs remains the only structured paid leave option for KS employers (alongside the specific state-mandated leaves discussed above). Multi-state operators expanding to KS from neighboring states with PFML (CO has FAMLI; MO has none) should expect the absence of state PFML.

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Federal FMLA only (no state PSL or PFML)

Federal FMLA only State preemption No state PSL

Why KS's leave landscape relies primarily on federal frameworks Kansas is structurally minimal on most leave categories. No state PSL: no statewide paid sick leave. State preemption blocks any city from requiring it. No state PFML: no state-administered paid family/medical leave. No state vacation/holiday mandate. But specific state-mandated leaves do exist: universal domestic violence/sexual assault leave (8 days unpaid, all employers), unpaid jury duty leave, military leave under federal USERRA. Federal FMLA is the primary leave framework for KS workers — 12 weeks unpaid, job-protected, available at employers with 50+ employees within 75 miles, after 12 months and 1,250 hours of service. Jury duty leave is UNPAID in Kansas (distinguishes KS from AL, LA which require paid jury duty leave for full-time workers). Workers cannot be required to use vacation/sick leave during jury service. Cannot be retaliated against. Right-to-work state framework: Kansas is right-to-work — workers cannot be required to join a union or pay union dues as a condition of employment.

Read the full Kansas no state psl/pfml — federal fmla only guide →

07Multi-factor common law test; PEO registration moved to Secretary of State

Kansas applies a multi-factor common law test for IC classification, structurally similar to the IRS framework under Rev. Rul. 87-41. Factors evaluated: behavioral control (instructions on how work is performed, training provided); financial control (method of payment, who provides tools and equipment, opportunity for profit or loss, unreimbursed business expenses); relationship type (written contracts, employee benefits, permanence of relationship, regular business of the employer).

The multi-factor test is more permissive than ABC test states (NJ, MA, CA, MD, CT, NV). Workers can be classified as IC in Kansas even when the work is part of the employer's regular business — provided control is properly limited and other factors support IC classification. Right of control is typically weighted heavily but not exclusively.

Professional Employer Organization (PEO) framework changes (HB 2790, 2024): PEO registration authority transferred from Kansas Insurance Commissioner to Kansas Secretary of State, effective January 1, 2025. New permanent PEO regulations under K.A.R. 7-16-1 et seq. establish: (1) registration requirements (PEOs must hold valid SOS-issued registration); (2) reporting requirements (regular financial and operational reports to SOS); (3) client disclosure requirements (PEOs must disclose client lists and arrangements). PEO renewal mechanics updated to align with Secretary of State's licensing process (HB 2092, 2024). Multi-state operators using PEOs in Kansas should: (1) verify PEO holds valid SOS registration; (2) review client disclosure terms; (3) coordinate with PEO on renewal cycles.

Workers' compensation framework: Kansas Workers' Compensation Division administers WC under KSA Chapter 44, Article 5. Coverage threshold: most employers required to maintain WC insurance. Maximum weekly benefit raised to $869 in 2025 — significant increase from prior level. Coverage exclusions: certain agricultural workers; sole proprietors and partners (may opt in); some IC arrangements. Workers' compensation provides medical benefits, temporary total disability benefits, permanent partial/total disability benefits per scheduled awards.

Misclassification consequences: unemployment insurance back-contributions plus penalties (Kansas Department of Labor); workers' compensation premium back-payment plus exposure for any injuries during misclassified period (Kansas Workers' Compensation Division); federal IRS Form SS-8 reclassification with Section 3509 employment tax penalties; potential wage exposure under federal FLSA and Kansas Wage Payment Act if workers should have received minimum wage and OT. Multi-state operators expanding to KS should configure: (1) federal FLSA coverage analysis (most workers under federal 40-hour OT rule); (2) Kansas Wage Payment Act compliance; (3) KAAD compliance from 4 employees; (4) federal Title VII/ADA/PWFA at 15 employees; (5) federal ADEA at 20 employees; (6) federal FMLA at 50 employees; (7) PEO registration verification if using PEO; (8) WC coverage and premium tracking.

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IC classification: multi-factor common law test

Multi-factor test PEO framework changed $869 WC max

Why KS's PEO framework changes affect multi-state operators Kansas applies a multi-factor common law test for IC classification — similar to the IRS framework. Factors include behavioral control, financial control, and relationship type. No single factor is dispositive; courts and Kansas agencies balance the factors. KS is more permissive than ABC test states (NJ, MA, CA, MD, CT, NV). Professional Employer Organization (PEO) framework changes (HB 2790, 2024): PEO registration authority transferred from Kansas Insurance Commissioner to Kansas Secretary of State, effective January 1, 2025. New permanent PEO regulations under K.A.R. 7-16-1 et seq. establish registration, reporting, and client disclosure requirements. PEOs operating in Kansas must hold valid registration issued by Secretary of State. The framework affects multi-state operators using PEOs — PEO renewal mechanics also updated to align with Secretary of State's licensing process (HB 2092, 2024). Workers' compensation framework: Kansas Workers' Compensation Division administers WC. Maximum weekly benefit raised to $869 in 2025 (significant increase). Coverage thresholds and exemptions remain unchanged. Misclassification consequences include: WC premium back-payment plus exposure for any injuries during misclassified period; UI back-contributions (Kansas Department of Labor); federal IRS Form SS-8 reclassification with Section 3509 employment tax penalties.

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08KSA § 38-603 — federal-aligned framework with school-day restrictions

Kansas's child labor framework under KSA § 38-603 aligns closely with federal standards but adds Kansas-specific provisions. Minimum working age: 14 for most non-agricultural jobs. Children under 14 may work in limited roles: newspaper delivery, acting, family farms. No work permits required in Kansas — distinguishes KS from MA, NY, NJ, CT which require state-issued work permits. Employers must keep proof of age and ensure compliance with federal and state hour restrictions.

14-15 year-old hour restrictions: (1) School-day limits: 3 hours per day on school days; 8 hours per day on non-school days. (2) Weekly limits: 18 hours per week during school weeks; 40 hours per week during summer (non-school weeks). (3) Time-of-day: only between 7am and 7pm (extended to 9pm from June 1 through Labor Day). (4) School-day boundary: no working between 10pm and 7am on days preceding school days. (5) During school hours: may not work during required school hours.

16-17 year-olds: no Kansas-specific hour restrictions for non-hazardous occupations beyond required school hours. No state law restricting work hours for 16-17 year-olds. Federal child labor laws under FLSA still apply. Workers under 18 cannot perform hazardous occupations identified by U.S. DOL.

Hazardous occupation restrictions for under-18 workers: roofing; excavation; operating heavy machinery or power-driven tools; meat processing and slaughterhouse work; working at heights; working with explosives; demolition; mining; logging; manufacturing of certain dangerous products. Federal Hazardous Occupation Orders (Hazardous Occupation Order Nos. 1-17) provide detailed restrictions. Multi-state operators with KS minor workforces should review federal HOOs alongside state restrictions.

Industry-specific: Construction is one of the most heavily regulated industries for minors. KDOL's child labor requirements and federal DOL hazardous occupations orders apply alongside state restrictions. Limited exceptions exist for non-hazardous work in family-owned businesses, household chores, paper routes, farm work (with parental consent and reduced hour restrictions), and acting. Multi-state operators with KS workforces employing minors should configure: (1) age verification at hire; (2) hour restriction monitoring for under-16 workers; (3) hazardous occupation review for all under-18 workers; (4) family-owned business carve-out documentation if applicable; (5) federal HOOs compliance overlay.

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Kansas child labor (KSA 38-603)

No work permits 14-15 hour limits Hazardous prohibitions

Why KS child labor enforcement focuses on hour restrictions Kansas's child labor framework under KSA § 38-603 aligns closely with federal standards but adds Kansas-specific provisions. Minimum working age: 14 for most non-agricultural jobs. Children under 14 may work in limited roles: newspaper delivery, acting, family farms. No work permits required in Kansas (distinguishes KS from MA, NY which require work permits). Employers must keep proof of age. 14-15 year-olds: may not work during school hours; 3 hours/day on school days, 8 hours/day on non-school days; 18 hours/week during school weeks, 40 hours/week during summer; only between 7am-7pm (extended to 9pm June 1 through Labor Day); no working between 10pm and 7am on days preceding school days. 16-17 year-olds: no Kansas-specific hour restrictions for non-hazardous occupations. Federal child labor laws under FLSA still apply, including hazardous occupation restrictions. Workers under 18 cannot perform hazardous occupations: roofing, excavation, operating heavy machinery, meat processing, slaughterhouse work, working at heights, working with explosives. Construction is one of the most heavily regulated industries for minors. Federal hazardous occupations orders apply alongside state restrictions.

Read the full Kansas kansas child labor — federal-aligned with state nuances guide →

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What changed in Kansas for 2026

Kansas's 2026 changes are administrative rather than substantive. State $7.25 federal-aligned minimum unchanged — KSA § 44-1203 mirrors federal floor. 2024 PEO registration framework transferred from Insurance Commissioner to Secretary of State (HB 2790). Workers' compensation maximum weekly benefit raised to $869 (significant increase). Federal IRC § 225 OT tax deduction flows through to KS taxable income via federal AGI starting point. Federal $684/week exempt threshold continues after Nov 2024 vacatur.

State $7.25 federal-aligned minimum unchanged for 16th consecutive year — KSA § 44-1203 mirrors federal floor. State preemption blocks counties and municipalities from setting higher minimum wages. No active legislation to raise state minimum in 2026 session.
PEO registration framework transferred to Secretary of State (HB 2790, 2024 Kan. Sess. Laws) — Professional Employer Organization registration authority moved from Kansas Insurance Commissioner to Kansas Secretary of State, effective Jan 1, 2025. New permanent PEO regulations under K.A.R. 7-16-1 et seq. establish registration, reporting, and client disclosure requirements. PEOs operating in Kansas must hold valid registration issued by Secretary of State.
Workers' compensation maximum weekly benefit raised to $869 — significant increase implemented 2025. Maximum duration framework continues. Kansas Workers' Compensation Division administers framework; coverage thresholds and exemptions remain unchanged.
Federal IRC § 225 OT deduction flows through to Kansas taxable income — One Big Beautiful Bill Act (effective 2025-2028) provides up to $12,500 single / $25,000 married joint deduction for qualified OT compensation premium. Kansas uses federal AGI as starting point for state taxable income, so federal deduction reduces state taxable income.
2024 DOL salary basis increase vacated (Nov 2024) — Texas v. DOL vacated proposed federal exempt threshold increase to $1,128/week. Kansas tracks federal $684/week threshold for exempt classification.

Frequently asked questions

What's Kansas's minimum wage in 2026?

$7.25/hr — the federal floor — under KSA § 44-1203. State preemption blocks counties and municipalities from setting higher minimum wages. Tipped workers $2.13 cash + tip credit reaching $7.25, with KS-specific $20/month threshold (lower than federal $30/month).

Why does Kansas have a 46-hour OT trigger?

KSA § 44-1203 sets state OT trigger at 46 hours/week. Important nuance: state law applies ONLY to workers NOT covered by federal FLSA. Most KS workers are covered by federal FLSA (40-hour trigger). The state 46-hour rule is a narrow carve-out for small intrastate employers under $500K not engaged in interstate commerce.

What does the Kansas Act Against Discrimination cover?

KAAD under KSA § 44-1001 et seq. — anti-discrimination at 4+ employee threshold (broader than federal Title VII's 15-employee threshold). Categories: race, religion, color, sex (incl. pregnancy), national origin, ancestry, disability, age (40+), genetic information. Sexual orientation and gender identity NOT explicitly protected at state level (federal Bostock applies). KHRC enforces with 6-month SOL.

What is Kansas's universal domestic violence and sexual assault leave?

Kansas requires ALL employers (no size threshold) to provide up to 8 days of unpaid leave per calendar year for workers experiencing domestic violence or sexual assault. Workers may use accrued PTO first; employer can require documentation within 48 hours of return. Universal coverage distinguishes KS from most states' state-specific leaves with employer-size thresholds.

What is the Kansas Wage Payment Act?

KSA §§ 44-313 et seq. — Kansas's foundational wage payment statute. Requires: monthly pay frequency minimum (§ 44-314); next-payday final pay (§ 44-315); tightly restricted wage deductions (§ 44-319 — only by law, written authorization, retirement, overpayments). KDOL Office of Employment Standards enforces.

Does Kansas require paid sick leave?

No. Kansas has no statewide paid sick leave law. State preemption blocks any city from requiring it. Workers rely on federal FMLA (50+ employees), universal DV/SA leave (8 days unpaid, all employers), and any voluntary employer-provided PSL.

Does Kansas have a state PFML program?

No. Kansas has no state-administered paid family and medical leave program. Workers rely on federal FMLA (12 weeks unpaid, 50+ employee employers), universal DV/SA leave, and any voluntary employer-provided PFML.

What are Kansas's PEO framework changes?

HB 2790 (2024) transferred Professional Employer Organization registration authority from Kansas Insurance Commissioner to Kansas Secretary of State, effective Jan 1, 2025. New permanent PEO regulations under K.A.R. 7-16-1 establish registration, reporting, and client disclosure requirements. PEO renewal mechanics updated to align with SOS licensing process (HB 2092, 2024).

What's the Kansas workers' comp maximum benefit?

Maximum weekly benefit raised to $869 in 2025 (significant increase from prior level). Kansas Workers' Compensation Division administers framework. Coverage threshold: most employers required to maintain WC insurance.

What are Kansas's child labor rules?

KSA § 38-603 — minimum working age 14. No work permits required. 14-15 year-olds: 3 hrs/school day, 8 hrs/non-school day; 18 hrs/school week, 40 hrs/summer week; 7am-7pm (9pm summer); no working 10pm-7am preceding school days. 16-17 year-olds: no state hour restrictions for non-hazardous occupations. Workers under 18 cannot perform hazardous occupations.

What's Kansas's exempt salary threshold?

$684/week ($35,568/year) — federal FLSA threshold. Kansas does not set a state-specific exempt salary threshold. The DOL's attempted 2024 increase to $1,128/week was vacated by the Eastern District of Texas in November 2024.

Is Kansas a right-to-work state?

Yes. Workers cannot be required to join a union or pay union dues as a condition of employment. CBAs may not include compulsory membership clauses. Kansas is also employment-at-will state — workers can be terminated for any non-discriminatory and non-retaliatory reason.