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Minimum Wage in Kansas

Minimum Wage in Kansas

Kansas Minimum Wages Laws
Minimum Wages in Kansas
After January 1, 2010, the minimum wage in Kansas increased to match the federal minimum wage, which is $7.25 per hour.  However, Kansas does not acknowledge a significant percentage of laws under the Fair Labor Standards Act, and some important laws on minimum wages in Kansas are noted in this article.  You will also find information on filing a wage claim for unpaid minimum wage in Kansas.  
Important Laws on Minimum Wage in Kansas
All of the laws listed within the following section do not apply to employees under the FLSA.  
§44-1203: Same; minimum wage; computation; applicability of section
This section of law provides the drastic difference in minimum wages in Kansas before and after January 1, 2010.  Before 2010, an employer only had to pay an employee $2.65 per hour—the lowest in the entire nation.  
Now that the minimum wage in Kansas has changed, the following subsections also apply: 
When an employer calculates minimum wage, they may factor in tips and gratuities if the payments made of a significant percentage of their income.  Minimum wages in Kansas for tipped employees must be at least $2.13 per hour.  
If the total income is equal to or more than $7.25 per hour, the employer is not required to make additional payments
If the total income is less than $7.25 per hour at the end of a pay period, the employer must compensate the employee for the difference
What is the overtime minimum wage in Kansas?
Unlike the Fair Labor Standards Act, an employee must work more than 46 hours to start receiving overtime pay.  If the employee exceeds hours past normal pay, minimum wages in Kansas must be at least $10.88.  
If you believe your employer has failed to pay you the proper amount, you should discuss the matter with the employer first.  If your employer refuses to make necessary payments, you may file a wage claim and the Director of the Department of Labor may investigate the issue.
How long does an employer have to keep payment records?
According to §44-1209 of the Kansas statutes, every employer “shall make and keep, for a period of not less than three (3) years, in or about the premises wherein any employee is employed, a record of the name and occupation of each employee, the rate of pay and the amount paid each pay period to each employee, the hours worked each day and each work week by each such employee and such other information…”
If any employer fails to keep records or falsifies such documents, they may receive a fine up to $1,000.  
Filing a Wage Claim for Minimum Wages in Kansas
If you believe your employer has failed to pay the proper minimum wage in Kansas, you can file a wage claim by completing the form link
You’ll have to send the form to 401 SW Topeka Boulevard, Topeka, KS 66603, and you call (785) 296-4062 if you have any questions about the form.