| 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. 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. |
Kansas Wage Law and Overtime Attorney
| Michael M. Shultz A Fair Pay Attorney In Johnson and Douglas Counties 785-838-4300 913-825-0064 |
| 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.
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.
