Introduction to employment laws in Kansas
Kansas employment laws provide greater protections to employees than federal law in several areas. Understanding these requirements is crucial for any business aiming to thrive there, but it can be difficult to navigate the patchwork of federal and state laws governing employment in the state.
In this guide, we’ll help keep you compliant as you onboard and manage workers in Kansas.
Employing in Kansas: Key employment laws and practices
Standard work hours
In Kansas, full-time employment typically ranges between 30 and 40 hours per week, consistent with federal regulations under the Fair Labor Standards Act (FLSA). Employers, however, may set different work schedules based on business needs or industry standards.
Contractual workers’ hours vary based on their specific contract terms. Self-employed professionals have the flexibility to determine their work schedules based on their workload and client needs.
Minimum wage and overtime
Kansas follows the federal minimum wage rate of $7.25 per hour.
The state law requires overtime pay for any hours worked over 46 in a workweek unless the employee is exempt under federal law, though employers there tend to pay at the overtime rate for any hours worked over 40, as stipulated in the Fair Labor Standards Act (FLSA).
Exempt employees typically include those earning more than $684 per week performing executive, administrative, or professional duties. Businesses must comply with both federal and state laws regarding minimum wage and overtime payments. When there’s a discrepancy, the law most beneficial to the employee applies.
Insurance and benefits
Kansas employers are required to provide certain benefits, including health insurance, unemployment insurance, and workers’ compensation coverage. While not mandatory, many employers also offer additional benefits like dental and vision insurance, retirement plans, or 401k contributions to attract and retain talent.
Benefit | Requirement | Additional information |
Health insurance | Mandatory for eligible employees under federal provisions found in the Affordable Care Act | Depends on company size and hours worked |
Unemployment insurance | Mandatory for all employers | Paid through employer tax contributions |
Workers’ compensation | Mandatory for all employers with a payroll over $20,000 | Coverage varies based on job risk category |
Retirement plan | Optional | Varies by employer |
Meal and rest periods
In Kansas, there are no laws concerning breaks and meal periods for employees.
Under federal law, specifically the FLSA, employers are not mandated to provide breaks or meal periods for employees. Should they do so, however, the FLSA indicates that they must provide full pay during these breaks unless employees are fully relieved of their work-related duties for the duration, for example, in the case of a meal break lasting 30 minutes.
Employers intending to provide such breaks should clearly outline this in their company policy, ensuring all employees understand their rights and responsibilities.
Multiplier makes it easy to manage benefits for Kansas employees.
Anti-discrimination laws
Kansas employment laws offer significant protections against discrimination in the workplace. The Kansas Act Against Discrimination (KAAD) and the Kansas Age Discrimination in Employment Act (KADEA) prohibit employers with four or more employees from discriminating based on protected characteristics which include race, religion, color, sex, disability, national origin, ancestry, and age.
Employers should be aware that these laws also prohibit retaliation against any individual who has opposed discrimination, filed a complaint, or testified or assisted in proceedings under these laws.
Leave policies
Kansas offers various leave provisions for employees. Employers with four or more employees must comply with federal requirements under the Family and Medical Leave Act (FMLA). Of note, Kansas law does not require employers to provide paid or unpaid sick or vacation leave.
Here are the details:
Leave type | Length | Paid/Unpaid |
Maternity leave | Up to 12 weeks (per FMLA) | Unpaid |
Voting leave | Up to 2 hours | Paid |
Military leave | Varies, in addition to federal law | Unpaid |
Jury duty leave | Varies | Paid |
Domestic violence leave | Up to 8 days per year | Unpaid |
Emergency responder leave | Varies | Unpaid |
Termination laws
In Kansas, employment relationships are generally considered “at-will,” meaning that either the employer or employee may terminate the employment relationship at any time and for any reason, provided it is not illegal. Employers cannot terminate an employee for discriminatory reasons or in retaliation for certain actions protected by law.
Upon termination, voluntary or involuntary, Kansas law requires that an employee be paid their final wages no later than the next scheduled payday. If requested by the employee, final wages can be mailed. Kansas does not have a law mandating severance pay. Therefore, unless specified in an employment contract or company policy, employers are not required to provide severance pay.
Easily onboard employees in Kansas?
Safety and health
Apart from the general guidelines under OSHA, the Kansas Indoor Clean Air Act stipulates all places of employment are required to be smoke-free, with limited exceptions. Employers are obligated to adopt and maintain a written policy prohibiting smoking in the workplace and must visibly post signs stating the prohibition.
The Personal and Family Protection Act in Kansas permits employers to restrict or prohibit employees from carrying concealed weapons while on company premises. However, employees are allowed to store firearms within their personal vehicles, even when parked in the company’s parking lot.
Kansas also has stringent laws against texting while driving. All drivers, including those on duty for work, are prohibited from texting, and drivers under the age of 18 are not permitted to talk on a cellphone while driving.
Taxes in Kansas
Both employers and employees have tax obligations, which include Federal Income Tax, State Income Tax, Social Security Tax, and Medicare Tax. Additionally, employers are responsible for paying Unemployment Insurance Tax and Employment Training Tax.
Tax type | Employee contribution | Employer contribution |
Federal Income Tax | Varies | Varies |
State Income Tax | Varies | N/A |
Social Security Tax | 6.2% up to $142,800 wages | 6.2% up to $142,800 wages |
Medicare Tax | 1.45% all wages | 1.45% all wages |
Unemployment Insurance Tax | N/A | 0.1% – 7.4% on first $14,000 wages per employee |
Managing Kansas employees with an Employer of Record (EOR)
In Kansas, state employment laws often provide greater protections to employees than federal laws. Understanding these regulations is crucial for businesses aiming to build a compliant, diverse, and robust workforce in the state. Multiplier’s comprehensive solutions can help you navigate these complexities.
If you’re a company hiring U.S. employees from abroad, our EOR solution enables you to legally hire full-time workers in Kansas and other U.S. states without setting up a local entity.
Our payroll software ensures on-time and compliant payments and handles local taxes, contributions, and withholdings for your U.S. workforce. Whether it’s managing health benefits or stock ownership plans for your globally distributed teams, our all-in-one platform streamlines these processes in a single interface.
Discover how partnering with Multiplier can help you streamline your HR and compliance processes while providing a great experience for your Kansas workforce. Book a demo today.
FAQs
Kansas law prohibits discrimination based on race, religion, color, sex, disability, national origin, ancestry, and age, among other things, through the Kansas Act Against Discrimination (KAAD) and the Kansas Age Discrimination in Employment Act (KADEA).
Employers must pay non-exempt employees a minimum wage of $7.25 per hour. Overtime must be paid for all hours worked beyond 46 in one workweek. However, the federal overtime requirements generally apply to more employers than state provisions.
In the event the employee requests it, employers must provide an itemized statement showing deductions from the employee’s wages for each pay period. Deductions are generally prohibited except for those required by state or federal law or where the employee has given written authorization.
Kansas law mandates certain leaves for employees, including maternity leave, voting leave, military leave, jury duty leave, domestic violence leave, and emergency responder leave.
The Kansas Indoor Clean Air Act prohibits smoking in all places of employment with limited exceptions. The state also prohibits texting while driving. Employers may restrict or prohibit employees from carrying a concealed weapon in the workplace but not in company parking lots.
