The United States Fair Labor Standards Act (FLSA) generally covers employers who do at least $500,000 worth of gross sales in a year or conduct interstate business. Kansas labor laws, contained in Chapter 44 of the Kansas Statutes Annotated (K.S.A), closely mirror federal labor regulations but apply to any business in the state with two or more employees. Kansas labor law places few restrictions on employers, but workers are offered certain protections in terms of pay, continuing health insurance and the payment of wages.
Minimum Wage
Employers must pay workers for all hours worked. Section 44-1203 of the Kansas Statutes requires employers to pay workers at least $7.25 an hour as of February 2011. Employers can pay less if they count tips as part of a worker's hourly rate but must compensate a worker if his tips and wages do not add up to minimum wage. The state does not allow employers to pay children or temporary workers at a rate below minimum wage.
Overtime
The FLSA requires employers to pay workers time-and-a-half pay for all hours worked in excess of 40 a week, but this legislation does not apply to all businesses or all types of employees. Section 44-1204 K.S.A. requires employers to pay overtime wages at time and a half if employees work more than 46 hours in a work week. Emergency personnel are the only class of hourly employees exempt from state overtime law.
Benefits
Kansas labor law does not require employers to offer meal breaks, paid breaks, holiday pay, health insurance, vacation time or sick leave, although the federal Family and Medical Leave Act provides for unpaid leave. If an employer terminates an employee, he must pay all fringe benefits owed to the employee. The Kansas Department of Labor does not require a company to offer severance pay. According to the Kansas Continuation law outlined in Section 40-2209 K.S.A., employers must allow employees to continue their current health coverage for nine months after layoff or termination.
Payment
Kansas employers must pay their employees in lawful United States money by check, electronic fund transfer, direct deposit or payroll card. Companies cannot force employees to participate in direct deposit. Employers must pay employees on a regular payday at least every month. According to Section 315 of the Kansas Labor Code, employers must pay terminated employees by the next regular payday.
Child Labor
According to the Kansas Department of Labor, minors cannot work in the state of Kansas unless they are over 13 years of age, except in the case of employment by parents and acting (theatrical) work. Children under the age of 16 require a work permit and can usually work between 7 a.m. and 7 p.m. for a maximum of three hours a day during the school year. Children can work as late as 9 p.m. during summer break. The state does not place any labor restrictions on minors ages 16 and 17.
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