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1 Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR KANSAS. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable, at the time you download it. Any substantive change to the contents of this document may result in potential legal liability for you and your company. Agent 77, Inc. accepts no liability or responsibility for any of our documents that have had the contents altered beyond simply filling in the appropriate blanks and/or replacing place holder text and adding your company logo and information. This document is provided to you with the understanding it is not a legal or accounting opinion and should not be construed as such, and that Agent 77, Inc. is not engaged in the business of rendering legal or accounting services. If you need specific advice on any legal or accounting issue, the services of a competent professional should be sought. Please see for more information. This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2013 Agent 77, Inc. Reminder: Agent 77 s license prohibits you from copying and distributing this STATE EMPLOYMENT REGULATIONS FOR KANSAS to anyone outside of your company. Doing so is a violation of this license and will result in the revocation of your subscription and/or prosecution under federal copyright laws as well as possible civil litigation. Please see for a copy of the current license agreement. Kansas_Regs

2 What s New Employers may not retaliate or otherwise discriminate against employees who are victims of violence for taking leave to attend court, get medical attention for themselves or a family member or receive other services necessary to remedy a domestic crisis. Employees may use any accrued paid leave, or if no paid leave is available up to 8 days of unpaid leave per year may be used for this purpose Kansas minimum wage follows the federal minimum that was raised to $5.85 as of July 24, Kansas minimum wage follows the federal minimum that was raised to $6.55 as of July 24, Kansas minimum wage follows the federal minimum that was raised to $7.25 as of July 24, Changes were made to the following sections: Discrimination, Jury Duty, Military Leave, Payment of Wages, Child Labor and Minimum Wage. The following sections were added: Breast Feeding, New Hire Reporting, Job Reference Liability, Smoking in the Workplace and New Hire Reporting Changes were made to the following sections: State Continuation of Benefits and Voting. Kansas_Regs

3 Introduction Employment laws vary from state to state with some being more employee-friendly than others. Federal regulations set minimum standards of worker protections that all employers of a given size must meet. Individual states, however, are free to grant workers additional or expanded rights or protections above this federal minimum. Virtually all employers in the U.S. are subject to federal employment regulations. Only the smallest, strictly local employers are not subject to federal regulations. If an employer does any of the following, they are participating in interstate commerce and are subject to federal employment regulations: Production of goods for commerce, such as transportation or communication Use of mail over state lines Interstate communications using the telephone Use of the Internet over state lines Interstate communications using electronic mail Make purchases from out-of-state vendors Sell to customers in other states This summary of employment regulations does not include information for those few employers not subject to the federal minimum employment regulations. Many states have regulations for public employers that are different than those for employers in the private sector. This document also does not include information on regulations (federal and state) that apply only to public sector employers. In this document we summarize the workplace regulations and worker protections available in Kansas. Although not an exhaustive list, it covers the major topics small to mid-sized employers must deal with on a regular basis. Covered areas include: Wage, hour and overtime rules (including child labor and break rules); Leaves of absence (family leaves, voting time and jury duty); Discrimination and harassment regulations; and State rules on continuation of benefits. The federally mandated, but state run new-hire reporting requirements are covered under a separate document, available for download from Libretto or from the Agent 77 store. The following Quick View table summarizes these regulations. This is followed by a more detailed description of these regulations. Please be sure to read both carefully to understand your responsibilities under Kansas and federal law. Also, see the resources section below for reference websites and Libretto tools that can help you comply with these regulations. Kansas_Regs 1 of 8

4 QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR KANSAS Topic Minimum Wage Overtime Payment of Wages Work Hours and Breaks Child Labor Voting Time Jury Duty Military Leave Kansas Regulation $7.25 per hour Tip credit is 40% of minimum Non-exempt employees must be paid at least 1.5 times their regular rate for hours worked over 40 in a given week Employees must be paid at least monthly, no more than 15 days after the close of the period. Final paychecks must be delivered no later than the following payday Company policy determines whether vacation pay is due upon termination Posting requirements apply Kansas has no break time rules Federal and Kansas law prohibit minors in certain occupations. See the U.S. Department of Labor and the Kansas Department of Labor for information on these prohibitions (contact information is in the reference section). Work permits issued by school superintendent required for minors less than 16 years of age. See the details section below for restrictions on hours minors may work 2 hours for any election where employee is qualified to vote Employer can specify times for leave but it may not include any part of the employee s lunch period Pay may not be deducted An employer who intentionally obstructs an employee's right to vote commits a misdemeanor offense. Leave is required, but is unpaid Employee must be reinstated to same position after completion of jury duty The Federal Law is outlined below: Employers must grant up to 5 years of military leave Employee must be reinstated to same or equivalent position after completion of military leave Employers may not terminate or threaten to terminate any employee called to military service Special benefit rules apply for military leave Kansas prohibits employers from not granting leaves to employees who are members of the National Guard. Kansas_Regs 2 of 8

5 QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR KANSAS Family Leave Employers with 50 or more employees must: o Grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours o Leave must be granted for birth or adoption of a child, serious medical condition of the employee, to care for a family member with a serious medical condition, qualifying exigency for military leave and serious illness/injury of covered service member for military leave. o Employee must be reinstated to same or equivalent position after completion of leave o Benefits must be maintained during leave Employees who are victims of violence: o May not be retaliated or otherwise discriminated against for taking leave to attend court, get medical attention for themselves or a family member or receive other services necessary to remedy a domestic crisis. o May use any accrued paid leave, or if no paid leave is available up to 8 days of unpaid leave per year for this purpose. Employers with four or more employees must provide leave for disabilities caused by abortion, miscarriage, pregnancy, childbirth and related conditions. Breast Feeding Rights New Hire Reporting Job Reference Liability Smoking in the Workplace Discrimination and Harassment Continuation of Benefits A woman may breast feed her child in any place she has a right to be present. Employers are required to report new hires/rehires within 20 days of such hire/rehire. Employers are generally immune from liability form disclosing truthful information about a current/former employee. Smoking is prohibited in private workplaces and within a 10 feet radius of building entrance. Kansas prohibits employers from discriminating based on race, color, religion, sex, ancestry or national origin, age (over 40), disability, HIV status, genetic teting, pregnancy, military service or disability. Details and contact information are listed below. Kansas_Regs 3 of 8

6 Wage, Hour and Overtime Rules Employers are subject to the federal minimum wage, hour and overtime rules through the Fair Labor Standards Act. This act specifies that businesses that do at least $500,000 in gross revenue, as well as all health care facilities and schools are subject to the federal rules. Also, employers involved in interstate commerce are subject to the federal rules. Minimum Wage Most workers in Kansas must be paid the federal minimum wage of $7.25 per hour. Employers may pay tipped employees a minimum of $2.13 per hour, provided that the total wages plus tips come to at least the minimum of $7.25 per hour. Some cities have living wage requirements that may be higher than the minimum wage. Please check with local jurisdictions for current information. Finally, both federal and Kansas regulations allow employers to apply for licenses to pay sub-minimum wages to certain disabled persons. Please contact the U.S. Department of Labor or the Kansas Department of Labor for more information on applying for these licenses. (Contact information for both are listed in the reference section below.) Overtime Kansas has the same overtime rules as the federal government. That is, for any hours worked over 40 in a given week, non-exempt employees must be paid at least one and onehalf times their regular pay if the employers is covered by inter-state commerce which includes almost all employers. The Kansas state law requires that overtime be paid based on a 46 hour workweek, however it is not applicable to most employers. Like the federal rules Kansas exempts certain employees from overtime rules. Excluded employee classes include: executive, administrative, professional, outside salespeople and computer professionals. (Use Libretto s FLSA Resource Package for help in determining whether a given employee is exempt). Kansas also permits exemptions for certain small employers not involved in interstate commerce. See the Kansas Department of Labor web site for a list of these exemptions. Payment of Wages Kansas law requires that employees be paid at least monthly, and payment must be made no more than 15 days after the close of that period. These regular pay periods must be established and published for all employees. Final paychecks must be delivered no later than payday following termination. Deductions from the final paycheck may not be made without the employee's written consent, unless required by law. Company policy controls whether terminating employees can be paid for accrued vacation. Work Hours and Breaks Kansas has no break time rules. Child Labor Employers who employ minors less than 16 years of age are subject to strict limits for hours worked per day and per week for their minor employees: No child under 16 years of age who is employed in any of the vocations mentioned in the child labor law, may be employed before 7:00 AM or after 10:00 PM except on any evening that does not precede a school day, nor more than eight (8) hours in any calendar day, or Kansas_Regs 4 of 8

7 more than 40 hours in any week. There are exceptions to the hours restrictions for certain student learners as described by the Kansas Department of Labor. All employers employing children under 16 years of age are required to obtain a work permit and keep it on file, unless such minors are enrolled in or attending any secondary school within the state. Employers must keep posted in a conspicuous place near the entrance where minors under the age of 16 are employed a notice stating the maximum number of hours each minor can work each workday, start and stop times, and the hours allowed for dinner or other meals. Forms for this notice are furnished by the Labor Commissioner. Both federal and Kansas law prohibits minors from working in hazardous or certain other occupations. Please contact the U.S. Department of Labor or the Kansas Department of Labor for more information on restricted occupations for minor employees. Leaves of Absence Military Leave Federal law provides that employees must be granted up to 5 years of military leave and must be restored to their position (or an equivalent position) within the company as if they had been on furlough. Also, employers may not terminate or threaten to terminate any employee called to military service, Please see Libretto s White Paper on USERRA for more details on military leave. Kansas law states that employers may not refuse to grant permission to employees who are members of the state National Guard to attend the Guard drill or annual muster, or to perform active service. A person restored to employment following state duty is considered to have been on temporary leave of absences must be restored without loss of seniority, and is entitled to any benefits offered by the employer. Employers of eligible employees who are members of the Kansas National guard may be allowed a credit against the Kansas income tax. Jury Duty Employers must provide leave for jury duty, but need not pay for the leave. Also, employers may not terminate or threaten to terminate any employee called to jury duty, and employees must be restored to their position within the company as if they had been on furlough. Employees covered by FLSA exemptions serving on a jury must be paid their full salary (minus jury stipend) or risk losing their exemption status. Voting Time Employees must be granted two consecutive hours of paid time off for any election in which they are eligible to vote. The employer may specify the hours during which an employee may vote, but it may not include the employee s lunch period. Employers who intentionally obstructs an employee's right to vote or who imposes a penalty upon an employee's right to vote commits a Class A misdemeanor offense. Family Leave Employers with 50 or more employees must grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours. This leave must be granted for the birth or adoption of a child, serious medical condition of the employee, or to care for a family member with a serious medical condition, qualifying exigency for military leave and serious illness/injury of covered service member for military leave. After Kansas_Regs 5 of 8

8 completion of the leave the employee must be reinstated to the same or an equivalent position (as regards to salary, benefits and seniority). Also, benefits, such as health care coverage and retirement benefits, must be maintained during leave. Employers may not retaliate or otherwise discriminate against employees who are victims of violence for taking leave to attend court, get medical attention for themselves or a family member or receive other services necessary to remedy a domestic crisis. Employees may use any accrued paid leave, or if no paid leave is available up to 8 days of unpaid leave per year may be used for this purpose. Employees must notify their employer within a reasonable time of the need to take this leave, or if this is not possible, within 48 hours after beginning an unscheduled leave. Employers with four (4) or more employees must provide leave for disabilities caused by abortion, miscarriage, pregnancy, childbirth and related conditions. Employers must provide the same coverage as offered for other temporary disabilities under sick leave, health or temporary disability insurance plans. Employees must be reinstated to their original job or a position of like status without loss of pay, service, credits, seniority and other benefits. Employers may not terminate employees who are temporarily disabled by pregnancy or a related cause because of an employment policy that allows insufficient or no leave and has a disparate impact on employees of one sex. Employers may not make available benefits for wives of male employees that are not available for female employees. Notices regarding family leave laws, approved by the Kansas Human Rights Commission, must be posted in the workplace. Other Employment Regulations Breast Feeding A woman may breast feed her child in any place she has a right to be present. New Hire Reporting Employers are required to report to the state a new hire or rehire's name, address, SSN as well as the employer's name, address and FEIN within 20 days of hire/rehire on a federal for W-4 or equivalent. The reports are provided to the Indiana New Hire Reporting Center. Job Reference Liability An employer is generally immune from liability for disclosing information including date of employment, pay level, job description duties and wage history about a current/former employee unless the information was known to be false. Upon written request by a prospective employee, the prospective employer must provide copies of any written communications from a current/former employer that may affect the applicant's possibility of employment. Employers are prohibited from blacklisting any discharged employee. Service letters are required in some circumstances detailed by the state. Smoking Smoking is banned in any enclosed place of employment, including at access points of buildings and facilities, with limited exceptions. An access point is defined as an area that is within a 10-foot radius outside of any doorway, open window or air intake leaving into a building or facility that is not exempt from the smoking ban. Kansas_Regs 6 of 8

9 Employers must maintain a written smoking policy that prohibits smoking and communicate the policy to all current employees within one week of its adoption and to all employees upon hire and also to all new employees upon hire in addition to providing a copy of the policy to current and prospective employees upon request. The employer must post in a conspicuous place "No Smoking" signs or symbols. Discrimination and Harassment Kansas prohibits discrimination or harassment based on: Ancestry or national origin Race Color Religion Age (over 40) Disability Sex (including marital status) HIV status Genetic testing Pregnancy Military Service Employers with 15 or more employees are covered by GINA which prohibits discrimination based on genetic testing. Although Kansas does not have a specific statute relating to sexual harassment for private employers, employers with 15 or more employees are covered by Title VII of the Civil Rights Act, as amended, which prohibits sexual harassment. Employers of four (4) or more persons are prohibited from discharging, expelling or otherwise discriminating against employees who have opposed discriminatory acts or filed a complaint, testified or assisted in any proceeding. Some cities have ordinances that prohibit discrimination based on sexual orientation. State Continuation of Benefits Benefits change frequently. Currently, continuation coverage apply to employer-sponsored group health plans that do not meet federal COBRA requirements. Eligible employees have the right to continue coverage for up to 18 months. The following link will provide further information: Kansas_Regs 7 of 8

10 Resources/Posters Kansas Department of Labor United States Department of Labor Kansas New Hire Reporting Kansas Human Rights Commission Related Libretto Products FLSA Resource Package (for help in determining overtime exempt / non-exempt status of employees) Overtime Guidelines Break Period Guidelines Family Medical Leave of Absence Policy Military Leave of Absence Policy Jury Duty-Witness Leave Policy Voting Time Policy Prohibited Harassment and Nondiscrimination Policy & Employee Acknowledgement COBRA Continuation Coverage Policy General Notice of COBRA Continuation Coverage Rights COBRA Continuation Coverage Election Information: Notice And Form New Hire Reporting for Kansas Kansas_Regs 8 of 8