Kansas keeps its wage laws close to the federal baseline, but a few state rules still matter: a 46-hour overtime threshold for businesses outside the federal Fair Labor Standards Act (FLSA), a monthly payday minimum, and a daily penalty for willfully unpaid wages. Here is the summary.
EZTime labor rule alerts flag overtime and missed rest periods before payroll.
| Topic | Rule |
|---|---|
| Minimum wage | $7.25 per hour (K.S.A. 44-1203); the federal rate is also $7.25 |
| Tipped cash wage | $2.13 per hour, as long as tips bring total pay to at least $7.25 |
| Overtime | State law: 1.5x after 46 hours a week for employers not covered by the FLSA (K.S.A. 44-1204); FLSA: 1.5x after 40 |
| Daily overtime | None |
| Meal and rest breaks | Not required by Kansas law for adults |
| Paid sick leave | No state mandate in the Kansas wage laws reviewed; follow your written policy |
| Payday | At least once each calendar month on paydays set in advance (K.S.A. 44-314) |
| Final pay | By the next regular payday, whether the worker quits or is fired (K.S.A. 44-315) |
| Child labor | Under 16: 7 a.m. to 10 p.m. (later on nights before non-school days), 8 hours a day, 40 a week |
Under K.S.A. 44-1203, employers must pay at least $7.25 per hour, the rate in effect since January 1, 2010. That matches the federal minimum, and the U.S. Department of Labor state table (updated July 1, 2026) also lists Kansas at $7.25. No increase for January 1, 2027 has been announced.
One detail surprises many owners: the Kansas Minimum Wage and Maximum Hours Law does not apply to every business. The definition of “employer” in K.S.A. 44-1202 excludes any employer that is subject to the FLSA. In practice, most Kansas businesses follow federal rules, and the state law fills the gap for smaller, purely local employers. The state definition of “employee” also excludes several groups, including agricultural workers, domestic workers in private homes, bona fide executive, administrative and professional staff, outside commissioned salespeople, and people 18 or younger employed on an occasional or part-time basis.
Kansas allows a tip credit. The statute requires a cash wage of at least $2.13 an hour for employees who receive tips and gratuities, provided tips have customarily been part of the job and the worker actually receives and keeps them. If the $2.13 cash wage plus tips does not reach $7.25 an hour, the employer must pay the difference. The U.S. DOL tipped wage table lists the same $2.13 cash wage and $5.12 maximum tip credit for Kansas.
Kansas sets its own overtime threshold: under K.S.A. 44-1204, an employer may not keep an employee working more than 46 hours in a workweek unless the hours beyond 46 are paid at 1½ times the regular rate. The same section says the state overtime rule does not apply to employees covered by section 7 of the FLSA, to certain motor vehicle salespeople, or to incarcerated persons. Emergency medical, fire protection, law enforcement and correctional staff follow a separate work-period formula.
For most employers, then, the federal rule controls: non-exempt workers earn time and a half for every hour over 40 in a workweek (U.S. DOL overtime page). Kansas has no daily overtime, so long days alone do not create a premium. If you are unsure whether the FLSA covers your business, assume it does and pay overtime after 40 until you confirm otherwise. The FLSA overtime guide walks through exemptions, and the overtime calculator handles blended rates.
Kansas does not require meal periods or rest breaks for adult workers. The state does not appear on the U.S. DOL meal period table or the rest period table. Breaks are therefore a matter of company policy, but federal rules still decide whether break time is paid. Short breaks of about 5 to 20 minutes count as hours worked and must be paid, while bona fide meal periods, typically 30 minutes or more with the worker fully relieved of duty, can be unpaid (U.S. DOL breaks guidance). If you auto-deduct lunches, make sure employees actually get the time off; an interrupted lunch is paid time.
None of the Kansas wage statutes reviewed for this guide require private employers to provide paid sick leave, paid vacation or holiday pay, so leave is generally set by employer policy. Because vacation payout at separation is a common source of wage claims, the Kansas Department of Labor’s workplace laws section includes FAQs on whether unused vacation must be paid when employment ends. Put your payout and forfeiture rules in writing and apply them consistently. Check with KDOL for questions about a specific policy.
The Kansas Wage Payment Act covers nearly all employers, including those subject to the FLSA. Key rules from K.S.A. 44-314:
Final pay. Under K.S.A. 44-315, when an employee quits or is discharged, the employer must pay earned wages no later than the next regular payday on which the employee would have been paid. If the employee asks, the check can be mailed, postmarked by that payday. An employer that willfully fails to pay can owe a penalty of 1% of the unpaid wages for each day (excluding Sundays and legal holidays) after the eighth day past the deadline, capped at 100% of the unpaid amount. Federal law does not require an immediate final check (U.S. DOL last paycheck page), so the Kansas next-payday rule is the deadline to track.
Kansas sets its own floor on youth employment, and federal FLSA youth rules also apply to covered employers; when both apply, follow the stricter one.
Kansas does not set separate state hour limits for 16- and 17-year-olds, though hazardous-occupation rules under federal law still apply.
Employers covered by the Kansas minimum wage law must keep, at or near the worksite, records of each employee’s name, occupation, rate of pay, amount paid each pay period and hours worked, for at least three years (K.S.A. 44-1209). For workplace posters, the Kansas Department of Labor’s workplace laws page links its human trafficking poster; contact KDOL to confirm the full current list of state postings, and display the federal posters from the U.S. DOL as well.
Whether your overtime line sits at 40 or 46 hours, EZTime tracks it automatically. Employees punch in with a GPS mobile time clock backed by geofencing, NFC tags, a tablet kiosk or biometric clocks, and managers get overtime and break alerts before a shift crosses the limit. Scheduling with shift templates and swaps keeps under-16 workers inside the 7 a.m. to 10 p.m. window, PTO and sick-leave balances stay current, and payroll-ready Excel and PDF exports work with any payroll software. Pricing starts at $2 per employee per month, with a 14-day trial.
This guide is general information, not legal advice. Laws change; check the Kansas Department of Labor or an employment attorney. Last reviewed November 2026.
Kansas law sets the minimum wage at $7.25 per hour, the same as the federal rate. Tipped employees can be paid a $2.13 cash wage if tips bring them to at least $7.25.
Employers covered by the federal FLSA, which is most businesses, must pay time and a half after 40 hours in a workweek. The Kansas law, which applies only to employers not covered by the FLSA, requires overtime after 46 hours.
No. Kansas law does not require breaks for adult employees. Under federal rules, short breaks you choose to give must be paid, while true meal periods of about 30 minutes or more can be unpaid.
Whether the employee quits or is fired, earned wages are due by the next regular payday. Willful nonpayment can add a penalty of 1% per day after the eighth day, up to 100% of the unpaid wages.
Employers of children under 16 in covered occupations must keep a work permit on file, unless the child is enrolled in or attending a Kansas secondary school. Children under 16 may not work before 7 a.m., after 10 p.m. before a school day, or more than 8 hours a day or 40 hours a week.