Filing a Wage and Hour Claim - Kansas

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 46 hours in one week. Under federal law, overtime is due after 40 hours in one week. Which law applies depends on a business’s amount of annual revenue and interstate commerce. The right to overtime pay cannot be waived by the employee.

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

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

These are both equal to the federal minimum wage. However, all employees not covered by the federal minimum wage must be paid the Kansas minimum wage.

No cities or counties in Kansas currently have a minimum wage different from the state minimum of $7.25 per hour.

Kansas does not have any meal or rest break requirements.

You can file a claim with the Department of Labor. This can be done by filling out a Claim for Wages. The filing should include as much information and documentation as possible. This process can be completed with or without an attorney. Here is more information about the process.

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.

In Kansas, employees can file a private lawsuit to recover unpaid wages.

Kansas Department of Labor
401 SW Topeka Boulevard
Topeka, KS 66603
Phone: (785) 296-5000 ext. 1068
Fax: (785) 368-6462



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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.