Kansas Employment Law 2026
⚠️Informational only — not legal or tax advice.
Last Updated: January 18, 2026
Last Reviewed: January 18, 2026
Applicable Period: 2026
Jurisdiction: State of Kansas, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
Introduction
Kansas employment law establishes the legal framework governing the relationship between employers and employees throughout the state. This comprehensive guide provides authoritative information for both employees and employers on Kansas employment laws, including wage and hour requirements, discrimination protections, employer obligations, and enforcement procedures.
Kansas follows the employment-at-will doctrine, meaning either party can generally terminate the employment relationship at any time for any lawful reason. However, this doctrine is subject to significant exceptions including federal and state anti-discrimination laws, public policy protections, and contractual agreements.
What This Guide Covers
This guide addresses:
- Employment-at-will doctrine and exceptions in Kansas
- Minimum wage, overtime, and wage payment requirements
- State and federal discrimination protections
- Employee rights and employer obligations
- Procedures for filing complaints with government agencies
- Reasonable accommodation requirements
- Workplace safety regulations
- Remote work considerations in Kansas
- Recent legal updates and 2026 changes
Dual Audience: Employees and Employers
This guide serves both employees seeking to understand their workplace rights and employers working to maintain legal compliance. Information is presented objectively from official government sources without legal interpretation or advisory content.
Official Sources
This guide compiles information exclusively from official government sources, including:
- Kansas Department of Labor (KDOL)
- Kansas Human Rights Commission (KHRC)
- Kansas Legislature and Kansas Statutes Annotated
- U.S. Department of Labor (DOL)
- Equal Employment Opportunity Commission (EEOC)
- Other federal agencies (OSHA, NLRB)
All legal citations and statutory references are provided with direct links to official government websites.
Employment Law Framework in Kansas
2.1 At-Will Employment Doctrine
Kansas follows the employment-at-will doctrine, which governs most private sector employment relationships in the state.
What At-Will Employment Means
According to Kansas Department of Labor:
“Kansas is an employment at will state which means your employer can fire you for any non-discriminatory and/or non-retaliatory reason.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Verified: January 18, 2026
Under at-will employment:
For Employers:
- May terminate employees at any time for any lawful reason
- May terminate employees without advance notice (unless required by contract)
- May change terms and conditions of employment with appropriate notice
- Not required to show cause for termination (except where exceptions apply)
For Employees:
- May resign at any time for any reason
- May resign without advance notice
- Not required to provide explanation for resignation
According to Kansas Department of Labor:
“Because Kansas is an employment at will state, an employee can quit his/her job without any notice.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Verified: January 18, 2026
2.2 Exceptions to At-Will Employment
While Kansas recognizes at-will employment as the default, significant exceptions limit an employer’s ability to terminate employees:
1. Statutory Protections Against Discrimination
Employers cannot terminate employees based on protected characteristics under the Kansas Act Against Discrimination and federal law. Protected categories include race, religion, color, sex, disability, national origin, ancestry, age (40 and over), and other characteristics.
Source: Kansas Act Against Discrimination, K.S.A. 44-1001 et seq.
Available at: http://www.kslegislature.org/li_2014/b2013_14/statute/044_000_0000_chapter/044_010_0000_article/044_010_0001_section/044_010_0001_k/
Last amended: 1991
2. Retaliation Protections
Kansas and federal law prohibit retaliation against employees who:
- File discrimination complaints
- Report workplace safety violations
- Participate in government investigations
- Exercise rights under employment laws
- Engage in whistleblowing activities protected by law
3. Public Policy Exception
Kansas courts recognize a public policy exception to at-will employment, protecting employees terminated for reasons that violate fundamental public policy, such as:
- Refusing to commit illegal acts
- Performing jury duty
- Filing workers’ compensation claims
- Reporting illegal employer conduct
4. Contractual Limitations
Employment contracts, collective bargaining agreements, and employee handbooks may create enforceable limitations on at-will employment, such as:
- Requiring good cause for termination
- Mandating specific termination procedures
- Providing for progressive discipline
- Guaranteeing employment for a specified term
2.3 Employment Law vs. Labor Law: Understanding the Distinction
Kansas employment law and labor law address different aspects of the employer-employee relationship.
Employment Law refers to the broader legal framework governing:
- Individual employment relationships
- Wage and hour requirements
- Discrimination and harassment protections
- Wrongful termination claims
- Employee benefits and leave
- Workplace safety regulations
Labor Law refers to the more specific area governing:
- Collective bargaining
- Union organizing and representation
- Labor-management relations
- Strikes and lockouts
- Union elections
- Unfair labor practices
When Each Applies
Employment Law applies to:
- All employees in Kansas (with limited exceptions)
- Both union and non-union workplaces
- Public and private sector employers
- Employers of all sizes (though some laws have employee thresholds)
Labor Law applies to:
- Unionized workplaces
- Employees engaged in collective bargaining
- Union organizing activities
- Public sector employees under Kansas Public Employer-Employee Relations Act (PEERA)
- Teachers and school employees under Professional Negotiations Act (PNA)
Kansas Public Sector Labor Relations
According to Kansas Department of Labor:
“The Labor Relations Division of the Kansas Department of Labor acts on behalf of the Public Employee Relations Board (PERB) to administer the Public Employer-Employee Relations Act (PEERA) and for the Secretary of Labor to administer the Professional Negotiations Act (PNA).”
Source: Kansas Department of Labor, Labor Relations Division
Available at: https://www.dol.ks.gov/labor-relations/overview
Verified: January 18, 2026
2.4 Right-to-Work Status
Kansas is a right-to-work state for private sector employees. This means:
- Employees cannot be required to join a union as a condition of employment
- Employees cannot be required to pay union dues or fees as a condition of employment
- Union membership and financial support must be voluntary
Right-to-work provisions do not apply to public sector employees covered under PEERA or PNA, where different rules govern union membership and representation.
2.5 Coverage and Jurisdiction
State Employment Laws
Kansas employment laws generally apply to:
- Private employers operating in Kansas
- Employers with four or more employees (for discrimination claims under Kansas Act Against Discrimination)
- All employers regardless of size for wage and hour claims
Federal Employment Laws
Federal laws apply based on specific thresholds:
- Title VII (discrimination): 15 or more employees
- Americans with Disabilities Act (ADA): 15 or more employees
- Age Discrimination in Employment Act (ADEA): 20 or more employees
- Fair Labor Standards Act (FLSA): Generally applies based on individual or enterprise coverage
- Family and Medical Leave Act (FMLA): 50 or more employees
Geographic Jurisdiction
Kansas employment laws apply to:
- Work performed within Kansas
- Employees whose principal place of work is Kansas
- Kansas-based employers (even for employees working temporarily in other states)
For multi-state employers and remote workers, determining which state’s laws apply can be complex and may require legal consultation.
Employee Rights in Kansas
3.1 Minimum Wage Requirements
Current Kansas Minimum Wage (2026)
According to Kansas Department of Labor:
“The Kansas minimum wage is $7.25 per hour.”
Effective: July 24, 2009 (matches federal minimum wage)
Statutory Authority: K.S.A. 44-1203
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Verified: January 18, 2026
Coverage
Kansas minimum wage applies to:
“All employees not covered by the Federal Fair Labor Standard Act must be paid Kansas minimum wage.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Most employers in Kansas are covered by the federal Fair Labor Standards Act (FLSA), which also requires a minimum wage of $7.25 per hour. When both state and federal law apply, employers must pay the higher minimum wage.
Determining Coverage
According to Kansas Department of Labor:
“Contact Federal Wage and Hour at (913) 551-5721 to inquire about whether your company is covered by the Federal Fair Labor Standards Act.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Federal Minimum Wage
Under the Fair Labor Standards Act, 29 U.S.C. § 206, the federal minimum wage is $7.25 per hour.
Source: Fair Labor Standards Act, 29 U.S.C. § 206
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/minimum-wage
3.2 Overtime Requirements
Kansas and federal law have different overtime thresholds.
Kansas State Overtime Law
According to Kansas Department of Labor:
“State law says that overtime is due once an employee has worked 46 hours within a week.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Verified: January 18, 2026
Federal Overtime Law
According to Kansas Department of Labor:
“Federal law says that overtime is due once an employee has worked 40 hours within a week.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Under the Fair Labor Standards Act, 29 U.S.C. § 207(a)(1):
“No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”
Source: Fair Labor Standards Act, 29 U.S.C. § 207(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/overtime
Which Standard Applies
According to Kansas Department of Labor:
“The determining factors involve the amount of annual revenue and interstate commerce of a business. Contact Federal Wage and Hour at (913) 551-5721 to inquire if federal laws apply to your business.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
In practice, most Kansas employers are covered by federal law and must pay overtime after 40 hours per week. Employers covered only by Kansas law must pay overtime after 46 hours per week.
Overtime Rate
Both Kansas and federal law require overtime pay at 1.5 times the employee’s regular rate of pay.
Overtime Exemptions
Certain employees are exempt from overtime requirements under federal law, including:
- Executive, administrative, and professional employees meeting specific duties and salary tests
- Outside sales employees
- Certain computer professionals
- Highly compensated employees meeting specific criteria
Exemption determinations require careful analysis of job duties and compensation. Information on exemption criteria is available from U.S. Department of Labor or through consultation with legal counsel.
Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/agencies/whd/overtime
Contact: Federal Wage and Hour Division, (913) 551-5721
No Daily Overtime in Kansas
Kansas does not require overtime pay based on hours worked in a single day, only on weekly hours. According to Kansas Department of Labor:
“Under federal law, overtime is due once an employee has worked 40 hours within a week unless the employee has a written contract that specifies something different.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
3.3 Meal and Rest Breaks
No State Requirement
Kansas law does not require employers to provide meal or rest breaks for adult employees.
According to Kansas Department of Labor:
“Breaks are not required under state or federal law. However, many employers schedule breaks to boost employee morale and productivity.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Verified: January 18, 2026
Federal Law
Federal law also does not require meal or rest breaks for adult employees.
According to U.S. Department of Labor:
“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”
Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/general/topic/workhours/breaks
Verified: January 18, 2026
When Breaks Are Provided
If employers voluntarily provide breaks:
Short breaks (5-20 minutes):
- Must be paid as work time
- Count toward hours worked for overtime purposes
Meal periods (30 minutes or more):
- Need not be paid if employee is completely relieved of duties
- Must be paid if employee performs any work during meal period
Minor Employees
Special break requirements apply to employees under age 16. Contact Kansas Department of Labor for specific requirements.
3.4 Wage Payment Requirements
Frequency of Payment
According to Kansas Department of Labor:
“Your employer must pay you at least once a month. Your employer must pay on regular paydays and inform you of paydays in advance.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Verified: January 18, 2026
Method of Payment
According to Kansas Department of Labor:
“Unless you work for the federal government, your employer cannot make you participate in direct deposit.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Employers may offer direct deposit, but cannot require it (except for federal government employees).
Pay Changes
According to Kansas Department of Labor:
“Yes, your employer can change your pay, but they must give you notice before they do it. Your employer can not change your rate of pay retroactively.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Pay Stubs
According to Kansas Department of Labor:
“Your employer is not required to put anything on your pay stub.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
While Kansas does not mandate specific pay stub information, federal tax withholding requirements effectively require certain information be provided to employees.
3.5 Final Paycheck Requirements
Timing of Final Payment
Under K.S.A. 44-315(a):
“Whenever an employer discharges an employee or whenever an employee quits or resigns, the employer shall pay the employee’s earned wages not later than the next regular payday upon which he or she would have been paid if still employed as provided under K.S.A. 44-314 either through the regular pay channels or by mail postmarked within the deadlines herein specified if requested by the employee.”
Source: Kansas Statutes Annotated § 44-315
Official text: https://ksrevisor.gov/statutes/chapters/ch44/044_003_0015.html
Available at: Kansas Office of Revisor of Statutes
What This Means:
- For terminated employees: Final paycheck due on next regular payday
- For employees who resign: Final paycheck due on next regular payday
- Delivery method: Regular pay channels or by mail if employee requests
What Must Be Included
The final paycheck must include all earned wages through the last day worked, including:
- Regular wages for all hours worked
- Earned overtime
- Earned commissions (may have separate timing rules per contract)
Unused Vacation Time
According to Kansas Department of Labor:
“Only if your employer has a policy or practice of paying for unused vacation time.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Kansas law does not require payout of unused vacation, sick leave, or paid time off unless the employer has a policy or contractual obligation to do so.
Penalties for Late Payment
Under K.S.A. 44-315(b):
“If an employer willfully fails to pay an employee wages as required” the employer may be liable for penalties including the unpaid wages plus up to 100% of the unpaid amount.
Source: Kansas Statutes Annotated § 44-315
Official text: https://ksrevisor.gov/statutes/chapters/ch44/044_003_0015.html
3.6 Deductions from Wages
Kansas law strictly limits employer deductions from employee wages.
Under K.S.A. 44-319, employers may not withhold, deduct, or divert any portion of employee wages except:
- When required or empowered by state or federal law
- For medical, surgical, or hospital care without financial benefit to employer, properly recorded
- With signed employee authorization for lawful purpose benefiting employee
- For contributions to automatic enrollment retirement plans
Final Paycheck Deductions
Under K.S.A. 44-319(c), employers may withhold from final wages (with written notice and explanation) to:
- Recover employer property not returned
- Repay loans or advances made during employment
- Recover payroll overpayments
Source: Kansas Statutes Annotated § 44-319
Official text: https://law.justia.com/codes/kansas/chapter-44/article-3/section-44-319/
Minimum Wage Protection
Deductions cannot reduce wages below minimum wage.
3.7 Hours of Work
Maximum Daily/Weekly Hours
According to Kansas Department of Labor:
“Theoretically your employer can make you work 24 hours a day unless you are under the age of 16.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Kansas does not limit the number of hours adult employees may work in a day or week, though overtime pay requirements apply based on hours worked.
Minors Under Age 16
According to Kansas Department of Labor:
“Children under 16 can work up to three hours on a school day, 18 hours in a school week, 8 hours on a non-school day, 40 hours on a non-school week.”
Source: Kansas Department of Labor, Workplace Laws
Available at: https://www.dol.ks.gov/employers/workplace-laws
Verified: January 18, 2026
3.8 Paid Leave Requirements
Vacation Leave
According to Kansas Department of Labor:
“The law does not require your employer to offer vacation or sick leave. However, many employers provide this as a benefit for their employees.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Verified: January 18, 2026
Sick Leave
Kansas does not require employers to provide paid sick leave. No state statute mandates paid sick leave for private employers.
Search conducted:
- Kansas Legislature website: https://www.kslegislature.org/
- Search terms: “paid sick leave”, “sick leave requirement”
- Date: January 18, 2026
- Result: No state-level paid sick leave mandate found
Holiday Pay
According to Kansas Department of Labor:
“The law does not require your employer to offer holiday pay, but many employers provide this as a benefit for their employees.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Federal Leave: Family and Medical Leave Act (FMLA)
Eligible employees of covered employers may take up to 12 weeks of unpaid, job-protected leave per year under the Family and Medical Leave Act.
FMLA Coverage:
- Employers with 50 or more employees
- Employees who have worked for employer at least 12 months
- Employees who have worked at least 1,250 hours in past 12 months
Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/agencies/whd/fmla
Information: 1-866-4US-WAGE (1-866-487-9243)
3.9 Jury Duty Leave
According to Kansas Department of Labor:
“An employer must give employees time off for jury duty, but the employee does not have to be paid.”
Source: Kansas Department of Labor, Workplace Laws FAQs
Available at: https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
Verified: January 18, 2026
Kansas law requires employers to allow employees time off for jury duty service but does not require paid leave for this purpose.
3.10 Employee Rights Summary
Kansas Employees Have the Right To:
- Receive at least minimum wage ($7.25/hour) for all hours worked
- Receive overtime pay (1.5x regular rate) after 46 hours/week under Kansas law or 40 hours/week under federal law (whichever applies)
- Be paid at least monthly on established paydays
- Receive final paycheck by next regular payday upon separation
- Refuse required direct deposit (except federal employees)
- Receive advance notice of pay rate changes
- File wage claims with Kansas Department of Labor for unpaid wages
- Work without retaliation for exercising wage and hour rights
Contact for Wage and Hour Questions
Kansas Department of Labor
Office of Employment Standards
Phone: (785) 296-5000, ext. 1068
Email: KDOL.EmploymentStandards@ks.gov
Website: https://www.dol.ks.gov/employers/workplace-laws
U.S. Department of Labor
Wage and Hour Division
Phone: (913) 551-5721
Website: https://www.dol.gov/agencies/whd
Discrimination Laws in Kansas
4.1 Overview of Kansas Discrimination Protections
Kansas prohibits employment discrimination through the Kansas Act Against Discrimination (KAAD), which works in conjunction with federal anti-discrimination laws.
According to K.S.A. 44-1001:
“The practice or policy of discrimination against individuals in employment relations, in relation to free and public accommodations, in housing by reason of race, religion, color, sex, disability, national origin or ancestry or in housing by reason of familial status is a matter of concern to the state, since such discrimination threatens not only the rights and privileges of the inhabitants of the state of Kansas but menaces the institutions and foundations of a free democratic state. It is hereby declared to be the policy of the state of Kansas to eliminate and prevent discrimination in all employment relations.”
Source: Kansas Act Against Discrimination, K.S.A. 44-1001
Official text: http://www.kslegislature.org/li_2014/b2013_14/statute/044_000_0000_chapter/044_010_0000_article/044_010_0001_section/044_010_0001_k/
Last amended: 1991
4.2 Protected Classes Under Kansas Law
The Kansas Act Against Discrimination prohibits employment discrimination based on the following characteristics:
- Race
- Religion
- Color
- Sex (including pregnancy, childbirth, and related medical conditions)
- Disability
- National origin
- Ancestry
Source: Kansas Act Against Discrimination, K.S.A. 44-1001 et seq.
Official text: http://www.kslegislature.org/li_2014/b2013_14/statute/044_000_0000_chapter/044_010_0000_article/044_010_0001_section/044_010_0001_k/
Kansas Age Discrimination Law
Kansas also prohibits age discrimination through a separate statute, the Kansas Age Discrimination in Employment Act, K.S.A. 44-1111 et seq.
According to K.S.A. 44-1113:
“It is an unlawful employment practice based on age to engage in any of the following acts in any manner which would limit, deprive or tend to deprive any person of employment opportunities or otherwise adversely affect the person’s status as an employee or applicant for employment.”
Source: Kansas Age Discrimination in Employment Act, K.S.A. 44-1113
Official text: https://www.kslegislature.org/li_2014/b2013_14/statute/044_000_0000_chapter/044_011_0000_article/044_011_0013_section/044_011_0013_k/
The Kansas age discrimination law protects individuals age 40 and over.
4.3 Federal Protected Classes
Federal law provides additional protections that apply to Kansas employers meeting size thresholds:
Under Title VII of the Civil Rights Act (42 U.S.C. § 2000e):
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation, and gender identity)
- National origin
Coverage: Employers with 15 or more employees
Source: Title VII of the Civil Rights Act, 42 U.S.C. § 2000e
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
Under Americans with Disabilities Act (42 U.S.C. § 12101):
- Disability
Coverage: Employers with 15 or more employees
Source: Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter126&edition=prelim
EEOC guidance: https://www.eeoc.gov/statutes/americans-disabilities-act-1990
Under Age Discrimination in Employment Act (29 U.S.C. § 621):
- Age (40 years and older)
Coverage: Employers with 20 or more employees
Source: Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-chapter14&edition=prelim
EEOC guidance: https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
Under Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff):
- Genetic information
Coverage: Employers with 15 or more employees
Source: Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter21F&edition=prelim
EEOC guidance: https://www.eeoc.gov/statutes/genetic-information-nondiscrimination-act-2008
4.4 Types of Prohibited Discrimination
Under Kansas and federal law, discrimination can take multiple forms:
Disparate Treatment Treating an employee or applicant differently because of a protected characteristic. This includes:
- Refusing to hire based on protected characteristic
- Terminating employment based on protected characteristic
- Denying promotions or opportunities based on protected characteristic
- Providing different terms and conditions of employment based on protected characteristic
Disparate Impact Neutral policies or practices that disproportionately affect a protected group and are not job-related or consistent with business necessity.
Harassment Creating a hostile work environment or engaging in quid pro quo harassment based on protected characteristics.
Retaliation Taking adverse action against an employee for:
- Filing a discrimination complaint
- Participating in an investigation
- Opposing discriminatory practices
- Requesting reasonable accommodation
4.5 Unlawful Employment Practices
The Kansas Act Against Discrimination, K.S.A. 44-1009, makes it unlawful for employers to:
- Refuse to hire, discharge, or discriminate in compensation, terms, conditions, or privileges of employment because of protected characteristics
- Limit, segregate, or classify employees in ways that deprive them of employment opportunities because of protected characteristics
- Print or circulate statements or advertisements that indicate preference, limitation, or discrimination based on protected characteristics
- Retaliate against individuals who oppose discriminatory practices or participate in proceedings under the Act
Source: Kansas Act Against Discrimination, K.S.A. 44-1009
Available at: http://www.khrc.net/pdf/kaadtext.pdf
Published by: Kansas Human Rights Commission
4.6 Sexual Harassment
Sexual harassment is a form of sex discrimination prohibited under both Kansas and federal law.
Types of Sexual Harassment
1. Quid Pro Quo Harassment When submission to or rejection of sexual conduct is used as the basis for employment decisions affecting an individual.
2. Hostile Work Environment When unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment that interferes with work performance.
Employer Liability
Employers can be held liable for sexual harassment by:
- Supervisors and managers
- Co-workers (if employer knew or should have known and failed to take prompt corrective action)
- Non-employees (customers, vendors) in certain circumstances
Prevention Requirements
Kansas does not mandate sexual harassment training for most private employers. Employers may implement practices including:
- Establishing clear anti-harassment policies
- Providing complaint procedures
- Investigating complaints promptly and thoroughly
- Taking appropriate corrective action when harassment is found
Source: EEOC Guidance on Sexual Harassment
Available at: https://www.eeoc.gov/sexual-harassment
Published by: U.S. Equal Employment Opportunity Commission
4.7 Pregnancy Discrimination
Discrimination based on pregnancy, childbirth, or related medical conditions is prohibited under both Kansas and federal law as a form of sex discrimination.
Pregnancy Discrimination Act
Under federal law (amendment to Title VII), employers must treat pregnancy-related conditions the same as other temporary disabilities regarding:
- Hiring decisions
- Leave policies
- Health insurance
- Job assignments
- Reasonable accommodations
Source: Pregnancy Discrimination Act (amendment to Title VII)
EEOC guidance: https://www.eeoc.gov/pregnancy-discrimination
Available at: U.S. Equal Employment Opportunity Commission
4.8 Disability Discrimination
Definition of Disability
Under Kansas Human Rights Commission regulations (K.A.R. 21-34-1):
“Physical or mental impairment” means:
- Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body organs or body systems; or
- Any mental or psychological disorder, including an intellectual disability, organic brain syndrome, emotional or mental illness, and learning disabilities.
Source: Kansas Administrative Regulations, K.A.R. 21-34-1
Published: Kansas Human Rights Commission
Available at: https://sos.ks.gov/publications/Register/Volume-42/Issues/Issue-02/01-12-23-50798.html
Last updated: January 12, 2023
Qualified Individual with Disability
Under K.A.R. 21-34-1:
“Qualified individual with a disability” means an individual with a disability who meets the requisite skill, experience, education, and other job-related requirements of the employment position that the individual holds or seeks and who, with or without reasonable accommodation, can perform the essential functions of such position.
Source: Kansas Administrative Regulations, K.A.R. 21-34-1
Available at: https://sos.ks.gov/publications/Register/Volume-42/Issues/Issue-02/01-12-23-50798.html
What Employers Cannot Do
Employers cannot:
- Refuse to hire qualified individuals because of disability
- Discriminate in compensation or employment terms because of disability
- Ask about disability before making a job offer (limited exceptions for affirmative action and voluntary self-identification)
- Retaliate against individuals who request reasonable accommodation
What Employers Must Do
Employers must provide reasonable accommodations to qualified individuals with disabilities unless doing so would impose an undue hardship on the business.
Reasonable Accommodations
5.1 Disability Accommodations
Legal Requirement
Both Kansas law and the Americans with Disabilities Act require employers to provide reasonable accommodations to qualified individuals with disabilities.
What is Reasonable Accommodation
Reasonable accommodation may include:
- Modifications to the work environment
- Adjustments to how job duties are performed
- Changes to work schedules
- Provision of assistive devices or technology
- Modifications to policies and procedures
- Reassignment to a vacant position (as a last resort)
The Interactive Process
When an employee requests accommodation, employers engage in an interactive process:
Step 1: Employee Requests Accommodation
- Employee makes employer aware of disability and need for accommodation
- Request need not use specific terminology or be in writing (though written documentation is recommended)
Step 2: Employer Requests Information
- Employer may request documentation of disability and functional limitations
- Medical certification may be requested
Step 3: Identify Possible Accommodations
- Discuss employee’s specific limitations and job requirements
- Consider employee’s preferred accommodation
- Explore alternative accommodations if preferred option creates undue hardship
Step 4: Select and Implement Accommodation
- Choose effective accommodation that addresses employee’s limitations
- Implement accommodation on trial basis if appropriate
- Document accommodation provided
Step 5: Monitor and Modify
- Assess effectiveness of accommodation
- Make adjustments as needed
- Respond to changed circumstances
5.2 Undue Hardship Exception
Employers need not provide accommodations that would impose an undue hardship.
Undue Hardship Factors:
- Nature and cost of accommodation
- Overall financial resources of the facility and employer
- Number of employees and type of workforce
- Effect on operations and other employees
- Impact on facility’s ability to conduct business
Undue hardship is assessed on a case-by-case basis. Cost alone is rarely sufficient to establish undue hardship for larger employers.
5.3 Religious Accommodations
Employers must reasonably accommodate employees’ sincerely held religious beliefs and practices unless doing so would impose an undue hardship.
Religious Accommodations May Include:
- Schedule changes to observe religious holidays or practices
- Dress and grooming modifications
- Time and space for prayer or religious observance
- Exemptions from certain job duties conflicting with religious beliefs
Religious Undue Hardship
Under Title VII, undue hardship for religious accommodation is defined as imposing more than de minimis cost or burden on the employer’s business operations. This is a lower threshold than for disability accommodations.
However, recent Supreme Court guidance in Groff v. DeJoy (2023) clarified that courts should consider the burden on the business as a whole, not just on co-workers, and that undue hardship requires “substantial increased costs in relation to the conduct of its particular business.”
Source: EEOC Guidance on Religious Discrimination
Available at: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination
Published by: U.S. Equal Employment Opportunity Commission
5.4 Pregnancy Accommodations
Under the Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, covered employers must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
Covered Employers:
- Private employers with 15 or more employees
- Federal, state, and local government employers
Pregnancy-Related Accommodations May Include:
- Ability to sit or take additional breaks
- Modifications to work schedules or assignments
- Leave or time off for medical appointments
- Temporary reassignment or light duty
- Assistance with manual labor or lifting
- Accessible parking or workspace modifications
Source: Pregnant Workers Fairness Act
EEOC guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
Available at: U.S. Equal Employment Opportunity Commission
5.5 How Employees Request Accommodation
For Disability Accommodation:
- Notify employer of disability and need for accommodation (oral or written)
- Provide medical documentation if requested by employer
- Participate in interactive process to identify effective accommodation
- Try agreed-upon accommodation and provide feedback on effectiveness
For Religious Accommodation:
- Inform employer of religious belief or practice requiring accommodation
- Explain how it conflicts with work requirement
- Discuss possible accommodations with employer
- Cooperate with employer’s efforts to accommodate
For Pregnancy Accommodation:
- Notify employer of pregnancy-related limitation
- Request specific accommodation needed
- Provide medical documentation if requested
- Engage in interactive discussion with employer
What Employers Do:
Accommodation Request Process:
- Train managers and HR personnel on accommodation obligations and procedures
- Establish clear procedures for requesting and processing accommodations
- Respond promptly to accommodation requests
- Engage interactively with employee to understand needs and identify solutions
- Document the process including requests, discussions, medical information, decisions
- Implement accommodation once identified and communicate clearly with employee
- Monitor effectiveness and make adjustments as needed
- Maintain confidentiality of medical information and accommodation details
Common Mistakes to Avoid:
- Ignoring or delaying response to accommodation requests
- Requiring specific documentation not necessary to establish need
- Refusing to engage in interactive process
- Automatically denying accommodation without considering alternatives
- Retaliating against employees who request accommodation
- Failing to maintain confidentiality of medical information
Employer Obligations in Kansas
6.1 Required Workplace Postings
Kansas and federal law require employers to display certain posters in locations accessible to all employees.
Federal Required Postings:
- Fair Labor Standards Act (FLSA) – Minimum wage and overtime
- Equal Employment Opportunity (EEO) – Federal discrimination laws
- Family and Medical Leave Act (FMLA) – If 50+ employees
- Occupational Safety and Health Administration (OSHA) – Workplace safety rights
- Employee Polygraph Protection Act – Lie detector test restrictions
- Uniformed Services Employment and Reemployment Rights Act (USERRA) – Military service protections
Kansas Required Postings:
- Kansas Minimum Wage Notice
- Kansas Unemployment Insurance Notice
- Kansas Workers’ Compensation Notice
Where to Obtain Posters:
Federal posters: U.S. Department of Labor
Website: https://www.dol.gov/general/topics/posters
Free downloads available
Kansas posters: Kansas Department of Labor
Website: https://www.dol.ks.gov/employers
Instructions: Visit Download Posters page
Free downloads available
Source: Kansas Department of Labor, Employer Services
Available at: https://www.dol.ks.gov/employers
Verified: January 18, 2026
6.2 New Hire Reporting
Legal Requirement
Employers in Kansas must report new hires to the state.
According to Kansas Department of Labor:
“Employers are required to report new hires or rehires pursuant to K.S.A. 75-5743. Maintenance of a new hire database is required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193).”
Source: Kansas Department of Labor, Employer Services
Statutory authority: K.S.A. 75-5743
Available at: https://www.dol.ks.gov/employers
Verified: January 18, 2026
Reporting Requirements:
According to Kansas Department of Labor:
“Within 20 days of each new hire, rehire or employee returning to work from an extended layoff, the employer must report:”
- The Social Security number, name, address and hire date of the new hire
- The employer’s Federal ID number (nine digits) with the employer’s corporate name and address
Source: Kansas Department of Labor, Employer Services
Available at: https://www.dol.ks.gov/employers
How to Report:
Electronic reporting is encouraged. Multiple reporting methods are available through Kansas Department of Labor.
Purpose:
New hire reporting helps the state locate parents for child support enforcement.
6.3 Recordkeeping Requirements
Federal Requirements (FLSA)
Employers covered by the Fair Labor Standards Act must maintain records for each non-exempt employee including:
- Name, address, Social Security number, date of birth (if under 19)
- Hours worked each workday and total hours worked each workweek
- Regular hourly pay rate
- Total daily or weekly straight-time earnings
- Total overtime earnings for the workweek
- Additions to or deductions from wages
- Total wages paid each pay period
- Date of payment and pay period covered
Retention Period: 3 years for payroll records; 2 years for time cards and wage computation records
Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping
Regulations: 29 C.F.R. Part 516
Federal Requirements (EEO Laws)
Employers subject to Title VII, ADA, and ADEA must maintain records relevant to employment decisions including:
- Applications and resumes
- Hiring and promotion records
- Personnel files
- Disciplinary records
- Termination records
Retention Period: Generally 1 year; longer for certain records
Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/employers/recordkeeping
Verified: January 18, 2026
6.4 Form I-9 and E-Verify
Form I-9 Requirement
All U.S. employers must verify identity and employment authorization of all employees hired after November 6, 1986.
Requirements:
- Complete Form I-9 for each employee within 3 business days of hire
- Examine original documents establishing identity and work authorization
- Retain Form I-9 for 3 years after hire or 1 year after termination, whichever is later
- Make forms available for government inspection
Source: U.S. Citizenship and Immigration Services
Available at: https://www.uscis.gov/i-9
Information: 1-888-464-4218
E-Verify
E-Verify is a voluntary electronic employment verification system (mandatory for some federal contractors and certain states – Kansas does not mandate E-Verify for private employers).
Information: https://www.e-verify.gov
6.5 Unemployment Insurance Tax
Kansas Employer Requirements
Employers must register with Kansas Department of Labor and pay unemployment insurance taxes.
Coverage: Most Kansas employers are subject to unemployment insurance requirements. Specific coverage rules depend on:
- Number of employees
- Amount of payroll
- Type of business
- Period of employment
Registration and Information:
Kansas Department of Labor
Division of Employment Security
Phone: (785) 296-5000
Website: https://www.dol.ks.gov/employers/employer-services/guide-to-kansas-employment-security-law
Source: Kansas Department of Labor
Statutory authority: Kansas Employment Security Law, K.S.A. 44-701 et seq.
Available at: https://www.dol.ks.gov/employers/employer-services/guide-to-kansas-employment-security-law
Verified: January 18, 2026
6.6 Workers’ Compensation Insurance
Kansas Requirement
According to Kansas Department of Labor:
“Kansas law provides that those injured in industrial accidents should be compensated regardless of who is at fault. Current workers compensation law covers all employers in Kansas, regardless of the number of employees or the kind of work they do, with two exceptions: employers engaged in agricultural pursuits and any employer who during a given calendar year has an estimated payroll less than $20,000, unless the employer is a subcontractor.”
Source: Kansas Department of Labor, Employer Services
Available at: https://www.dol.ks.gov/employers
Verified: January 18, 2026
Compliance Options:
- Purchase insurance from private carrier
- Join approved group pool
- Become self-insured (with approval)
Contact Information:
Kansas Division of Workers Compensation
401 SW Topeka Blvd., Suite 2
Topeka, KS 66603-3105
Phone: (785) 296-4000
Toll-free: 1-800-332-0353
Email: KDOL.WC@ks.gov
Website: https://www.dol.ks.gov/wc
Source: Kansas Workers Compensation Laws & Regulations
Published by: Kansas Department of Labor, Division of Workers Compensation
Available at: https://www.dol.ks.gov/home/showpublisheddocument/274/638532767542030000
6.7 Workplace Safety (OSHA)
Federal Requirement
Under the Occupational Safety and Health Act, employers must:
- Provide a workplace free from recognized hazards
- Comply with OSHA safety and health standards
- Maintain required safety records
- Post OSHA notice and annual injury summary
- Report serious accidents and fatalities to OSHA
Kansas OSHA Consultation Program
Kansas offers free and confidential workplace safety consultations through the Industrial Safety and Health Division.
According to Kansas Department of Labor:
“The Industrial Safety and Health Division is charged with helping Kansas businesses prevent workplace illnesses and injuries.”
Source: Kansas Department of Labor, Employer Services
Available at: https://www.dol.ks.gov/employers
OSHA Contact Information:
Federal OSHA (Kansas City Area Office):
8600 Farley Street, Suite 100
Overland Park, KS 66212
Phone: (913) 551-5644
Website: https://www.osha.gov
Kansas Consultation Program:
Kansas Department of Labor
Phone: (785) 296-4386
Website: https://www.dol.ks.gov
Filing Complaints
7.1 When to File a Complaint
Employees may consider filing a complaint when they experience:
- Unpaid wages or improper wage deductions
- Minimum wage or overtime violations
- Discrimination based on protected characteristics
- Sexual harassment or hostile work environment
- Denial of reasonable accommodation
- Retaliation for exercising legal rights
- Workplace safety violations
- Family and medical leave interference
Time Limitations
Employment law claims have strict filing deadlines. Missing a deadline can permanently bar a claim. Consult with an attorney or contact the appropriate agency immediately if you believe your rights have been violated.
7.2 Kansas Department of Labor (Wage Claims)
What Kansas Department of Labor Handles:
- Minimum wage violations
- Unpaid wages
- Overtime violations
- Final paycheck issues
- Illegal wage deductions
- Child labor violations
How to File a Wage Claim
According to Kansas Department of Labor:
“Kansas law provides a procedure for our Office of Employment Standards to help you collect your unpaid wages. A wage claim is made when you believe you have not been paid all of your earned wages. Once you file your wage claim, the Office of Employment Standards will review it to make sure it is complete and can be processed.”
Source: Kansas Department of Labor, Workplace Laws
Available at: https://www.dol.ks.gov/employers/workplace-laws
Verified: January 18, 2026
Contact Information:
Kansas Department of Labor
Office of Employment Standards
401 SW Topeka Boulevard
Topeka, KS 66603-3182
Phone: (785) 296-5000, extension 1068
Email: KDOL.EmploymentStandards@ks.gov
Website: https://www.dol.ks.gov
Office Hours: Monday-Friday, 8:00 AM – 5:00 PM (Central Time)
What to Include in Your Complaint:
- Your name and contact information
- Employer’s name and address
- Dates of employment
- Description of wage violation
- Amount of unpaid wages claimed
- Pay stubs, time records, or other documentation (if available)
- Any communications with employer about the wages
Investigation Process:
- File wage claim with Office of Employment Standards
- Agency reviews claim for completeness
- Agency may request additional information
- Investigation conducted
- Agency issues determination
- Payment ordered if violation found
7.3 Kansas Human Rights Commission (Discrimination Claims)
What Kansas Human Rights Commission Handles:
- Employment discrimination based on race, religion, color, sex, disability, national origin, ancestry
- Age discrimination (40 and over)
- Sexual harassment
- Retaliation for opposing discrimination
- Failure to provide reasonable accommodation
Filing Deadlines
Discrimination complaints must generally be filed within:
- 6 months from the date of the alleged discriminatory act (Kansas law)
- 300 days for dual-filed charges (Kansas and federal)
How to File a Complaint
Complaints may be filed:
- Online through KHRC website
- By mail
- In person at KHRC office
Contact Information:
Kansas Human Rights Commission
Landon State Office Building
900 SW Jackson Street, Suite 568-S
Topeka, KS 66612-1258
Phone: (785) 296-3206
Toll-free: 1-888-793-6874
TTY: (785) 296-0245
Fax: (785) 296-0589
Email: KHRC@ks.gov
Website: http://www.khrc.net/
Office Hours: Monday-Friday, 8:00 AM – 5:00 PM (Central Time)
Source: Kansas Human Rights Commission contact information
Available at: http://www.khrc.net/
Verified: January 18, 2026
What to Include in Your Complaint:
- Your name, address, and contact information
- Employer’s name, address, and number of employees
- Description of discriminatory act(s)
- Dates discrimination occurred
- Basis of discrimination (race, sex, age, etc.)
- Names of witnesses (if any)
- Any supporting documentation
Investigation Process:
- File charge with KHRC
- Charge assigned to investigator
- Employer notified and asked to respond
- Investigation conducted (may include interviews, document requests)
- Investigator makes probable cause determination
- If probable cause found, conciliation attempted
- If conciliation fails, case may proceed to hearing
- Commission issues decision and order
Dual Filing
Kansas Human Rights Commission has a worksharing agreement with the Equal Employment Opportunity Commission. Charges filed with KHRC may be automatically cross-filed with EEOC, providing federal law protections as well.
Source: EEOC/FEPA Worksharing Agreement
Published by: Kansas Human Rights Commission
Available at: http://www.khrc.net/pdf/WorksharingAgreement.pdf
Effective: October 1, 2024 – September 30, 2025
7.4 Equal Employment Opportunity Commission (Federal Claims)
What EEOC Handles:
- Title VII discrimination (race, color, religion, sex, national origin)
- Age discrimination (ADEA)
- Disability discrimination (ADA)
- Equal pay violations (Equal Pay Act)
- Genetic information discrimination (GINA)
- Retaliation for protected activity
Filing Deadlines
Charges must be filed with EEOC within:
- 180 days of the discriminatory act (for states without fair employment practice agencies)
- 300 days of the discriminatory act (for states with approved agencies like Kansas)
Because Kansas has an approved state agency (KHRC), the 300-day deadline applies.
How to File a Charge
EEOC Public Portal (Recommended):
https://publicportal.eeoc.gov/
Through the portal you can:
- Submit an inquiry
- Schedule an interview (phone, video, or in-person)
- Check status of filed charges
- Communicate with EEOC
By Phone:
1-800-669-4000
1-800-669-6820 (TTY for Deaf/Hard of Hearing)
1-844-234-5122 (ASL Video Phone)
In Person:
Visit Kansas City Area Office (appointment strongly recommended)
Contact Information for Kansas Residents:
EEOC Kansas City Area Office
Gateway Tower II
400 State Avenue, 9th Floor
Kansas City, KS 66101
Phone: (913) 340-8810
Email: kansascityintake@eeoc.gov
Website: https://www.eeoc.gov/field-office/kansascity
Office Hours: Monday-Friday, 8:00 AM – 4:00 PM (Central Time)
Walk-in Hours: Monday, Tuesday, Thursday, Friday, 8:00 AM – 12:00 PM
Source: EEOC Kansas City Area Office
Available at: https://www.eeoc.gov/field-office/kansascity
Verified: January 18, 2026
What to Bring:
- Photo ID (state driver’s license, state ID, or U.S. passport)
- Employer’s name, address, and phone number
- Number of employees at your work location
- Names of managers/supervisors involved
- Description of discriminatory actions
- Dates of discrimination
- Names of witnesses
- Any supporting documents (emails, performance reviews, etc.)
Investigation Process:
- File charge with EEOC
- Charge assigned to investigator
- Employer notified and asked to respond
- Investigation conducted
- EEOC issues determination (cause or no cause)
- If cause found, conciliation attempted
- If conciliation fails, EEOC may file lawsuit or issue Right to Sue letter
- Employee may file private lawsuit with Right to Sue letter
7.5 Occupational Safety and Health Administration (Workplace Safety)
What OSHA Handles:
- Workplace safety hazards
- Health hazards from chemicals, noise, or other exposures
- Retaliation for reporting safety violations
- Required safety training violations
- Personal protective equipment violations
How to File a Safety Complaint
Online:
https://www.osha.gov/workers/file-complaint
By Phone:
1-800-321-OSHA (6742)
By Fax or Mail:
OSHA Area Office (see contact information below)
Contact Information:
OSHA Wichita Area Office (Covers Kansas)
1701 South Hydraulic Avenue
Wichita, KS 67211
Phone: (316) 269-6644
Fax: (316) 269-6677
OSHA Kansas City Area Office (Also covers parts of Kansas)
8600 Farley Street, Suite 100
Overland Park, KS 66212
Phone: (913) 551-5644
Fax: (913) 551-1860
Website: https://www.osha.gov
General Information: 1-800-321-OSHA (6742)
Source: OSHA Kansas Offices
Available at: https://www.osha.gov/contactus/bystate/KS/areaoffice
Verified: January 18, 2026
What to Include:
- Description of hazard
- Location of hazard
- Your contact information (can be kept confidential)
- Employer information
- Whether hazard is imminent danger
Inspection Process:
- OSHA receives complaint
- Determines if inspection warranted
- Conducts worksite inspection if serious hazard
- May conduct phone/fax investigation for less serious issues
- Issues citations for violations found
- Employer must correct violations and may face penalties
Retaliation Protection:
It is illegal for employers to retaliate against workers who:
- File OSHA complaints
- Participate in OSHA inspections
- Report workplace injuries
- Raise safety concerns
Retaliation complaints must be filed within 30 days.
7.6 National Labor Relations Board (Union and Concerted Activity)
What NLRB Handles:
- Unfair labor practices by employers or unions
- Union organizing and elections
- Retaliation for union activity
- Retaliation for concerted activity (even in non-union workplaces)
- Interference with employees’ rights to discuss wages and working conditions
How to File:
Online:
https://www.nlrb.gov/about-nlrb/what-we-do/investigate-charges
By Mail or In Person:
NLRB Kansas City Resident Office
8600 Farley Street, Suite 100
Overland Park, KS 66212
Phone: (913) 967-3000
Fax: (913) 967-3010
NLRB St. Louis Regional Office (Also covers Kansas)
1222 Spruce Street, Room 8.302
St. Louis, MO 63103
Phone: (314) 539-7770
Website: https://www.nlrb.gov
Filing Deadline: 6 months from alleged unfair labor practice
Source: National Labor Relations Board
Available at: https://www.nlrb.gov
Verified: January 18, 2026
7.7 Private Lawsuits
Employees may have the right to file private lawsuits for:
- Employment discrimination (after receiving Right to Sue letter from EEOC or KHRC)
- Wage and hour violations under state or federal law
- Breach of employment contract
- Wrongful termination
- Violation of public policy
- Other employment-related claims
Statute of Limitations
Time limits for filing lawsuits vary by claim type:
- Contract claims: 3-5 years typically
- Tort claims: 2-3 years typically
- Discrimination claims: Must file EEOC/KHRC charge first, then file lawsuit within 90 days of receiving Right to Sue letter
- Wage claims: Varies by specific law
Legal Representation
Employment lawsuits are complex. Consult with an employment attorney to:
- Evaluate your claims
- Determine applicable deadlines
- Understand potential remedies
- Navigate court procedures
Finding an Attorney:
Individuals seeking private legal representation may contact attorney referral services or legal aid organizations serving Kansas residents.
7.8 Tips for Filing Complaints
Act Quickly
- Don’t wait until deadline approaches
- Evidence becomes harder to obtain over time
- Witnesses’ memories fade
- Documents may be destroyed in normal course
Document Everything
- Keep copies of pay stubs, time records, schedules
- Save emails, text messages, written communications
- Document conversations (date, time, who was present, what was said)
- Take notes of incidents as they occur
- Keep performance reviews, disciplinary notices
File Complaints Simultaneously
- Some claims can be filed with multiple agencies
- Filing with one agency may protect your rights with others
- Dual filing with KHRC and EEOC provides federal and state protections
Follow Up
- Keep records of complaint filing (confirmation numbers, receipts)
- Respond promptly to agency requests for information
- Check status of complaint regularly
- Keep contact information current
Know Your Rights
- Retaliation for filing complaints is illegal
- Employers cannot terminate, demote, or discipline for exercising legal rights
- Document any adverse action after filing complaint
- Report retaliation to investigating agency immediately
Seek Legal Advice
- Consult attorney before filing if possible
- Attorney can help identify all potential claims
- Attorney can ensure complaints filed correctly and timely
- Some claims require technical legal knowledge
7.9 Quick Reference: Where to File
Unpaid Wages:
→ Kansas Department of Labor, Office of Employment Standards
Phone: (785) 296-5000 ext. 1068
Minimum Wage Violations:
→ Kansas Department of Labor (state minimum wage)
→ U.S. Department of Labor, Wage and Hour Division (federal minimum wage)
Phone: (913) 551-5721
Overtime Violations:
→ Kansas Department of Labor (if only state law applies)
→ U.S. Department of Labor, Wage and Hour Division (if FLSA applies)
Phone: (913) 551-5721
Discrimination (Race, Sex, Religion, etc.):
→ Kansas Human Rights Commission (state law)
Phone: (785) 296-3206
→ EEOC (federal law)
Phone: (913) 340-8810
Age Discrimination:
→ Kansas Human Rights Commission (Kansas Age Discrimination Act)
→ EEOC (ADEA – federal law)
Disability Discrimination:
→ Kansas Human Rights Commission (Kansas law)
→ EEOC (ADA – federal law)
Sexual Harassment:
→ Kansas Human Rights Commission
→ EEOC
Workplace Safety:
→ OSHA
Phone: (316) 269-6644 (Wichita) or (913) 551-5644 (Kansas City)
Family and Medical Leave (FMLA):
→ U.S. Department of Labor, Wage and Hour Division
Phone: (913) 551-5721
Union/Labor Relations:
→ NLRB
Phone: (913) 967-3000
Workers’ Compensation:
→ Kansas Division of Workers Compensation
Phone: (785) 296-4000
Remote Work in Kansas
8.1 Remote Work Overview
Remote work (also called telecommuting or telework) has become increasingly common in Kansas and nationwide. Employment laws generally apply to remote workers the same as on-site employees, but some special considerations exist.
8.2 At-Will Employment and Remote Work
The at-will employment doctrine applies to remote workers the same as on-site employees. According to Kansas Department of Labor:
“The same ‘at-will’ employment principles apply to remote workers. Employers can terminate remote employees without cause, but not for illegal reasons, such as discrimination or retaliation.”
8.3 Wage and Hour for Remote Workers
Minimum Wage and Overtime
Remote workers in Kansas must receive:
- At least Kansas minimum wage ($7.25/hour) for all hours worked
- Overtime pay (1.5x regular rate) after 40 hours/week under federal law or 46 hours/week under Kansas law (whichever applies)
Tracking Hours
Employers must:
- Track all hours worked by non-exempt remote employees
- Have systems to record start/stop times
- Count all work time, including:
- Responding to emails outside regular hours
- Attending virtual meetings
- Travel time (in some cases)
- Training time
Employers cannot avoid overtime by claiming they didn’t know employee was working. If employer knows or should know employee is working, those hours must be paid.
“Off the Clock” Work
Employers cannot require or permit remote employees to work off the clock. All work time must be:
- Recorded
- Compensated
- Counted for overtime calculations
8.4 Right to Request Remote Work
Kansas does not have a law giving employees the right to request remote work arrangements. Unlike some other states, Kansas employers are not required to:
- Consider remote work requests
- Provide reasons for denying requests
- Have formal remote work request policies
However, remote work may be required as a reasonable accommodation for disability or pregnancy-related limitations in covered situations.
Search conducted:
- Kansas Legislature website
- Search terms: “remote work”, “telework”, “right to request”, “flexible working”
- Date: January 18, 2026
- Result: No Kansas law mandating right to request remote work
8.5 Return-to-Office Mandates
Kansas employers generally have the right to require employees to return to on-site work, subject to:
Contractual Obligations:
- Employment contracts promising remote work
- Collective bargaining agreements
- Company policies creating enforceable commitments
Accommodation Requirements:
- Employees with disabilities may be entitled to remote work as reasonable accommodation
- Pregnancy-related limitations may require temporary remote work
- Religious accommodations may require flexibility in some cases
Discrimination Concerns:
- RTO mandates must be applied consistently
- Cannot selectively enforce based on protected characteristics
- Disproportionate impact on protected groups may create liability
8.6 Multi-State Remote Work Issues
When Kansas employees work remotely from other states, or out-of-state employees work remotely in Kansas, jurisdictional questions arise:
Which State’s Laws Apply: Generally determined by:
- Where employee primarily works
- Where employer is located
- Employee’s state of residence
- Specific state law provisions
Tax Implications:
- Income tax withholding requirements
- Unemployment insurance
- Workers’ compensation coverage
2026 Updates and Recent Changes
9.1 Recent Legal Changes
Federal Pregnant Workers Fairness Act
Effective June 27, 2023, the Pregnant Workers Fairness Act requires covered employers to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions. This represents a significant expansion of pregnancy accommodation rights beyond what was required under the Pregnancy Discrimination Act alone.
Covered employers: 15 or more employees
Source: Pregnant Workers Fairness Act
EEOC guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
Effective: June 27, 2023
Federal Minimum Wage
The federal minimum wage remains $7.25 per hour as of 2026. No increase has been enacted at the federal level since 2009.
Kansas Minimum Wage
Kansas minimum wage remains $7.25 per hour as of 2026, matching the federal rate. No state legislative changes to minimum wage have been enacted.
Source: Kansas Department of Labor
Verified: January 18, 2026
9.2 Pending Legislation
As of January 2026, no major employment law changes are pending in Kansas Legislature for the 2026 session.
Employers and employees may monitor:
- Kansas Legislature website: https://www.kslegislature.org
- Kansas Department of Labor website: https://www.dol.ks.gov
- Federal agency websites for federal law changes
9.3 How to Stay Updated
Subscribe to Government Alerts:
Kansas Department of Labor:
Website: https://www.dol.ks.gov
Updates on Kansas employment law changes
U.S. Department of Labor:
Website: https://www.dol.gov
Updates on federal wage, hour, and labor law changes
EEOC:
Website: https://www.eeoc.gov
Updates on federal discrimination law
OSHA:
Website: https://www.osha.gov
Updates on workplace safety requirements
Review This Guide:
This guide will be updated quarterly in 2026 to reflect legal changes:
- Next scheduled update: April 2026
- Major changes will be incorporated immediately
- Review date displayed at top of guide
9.4 Quarterly Review Schedule
2026 Review Dates:
- Q1: January 2026 (completed)
- Q2: April 2026
- Q3: July 2026
- Q4: October 2026
Resources
11.1 Kansas State Government Agencies
Kansas Department of Labor
401 SW Topeka Boulevard
Topeka, KS 66603-3182
General Information: (785) 296-5000
Toll-free: 1-800-292-6333
TTY: 1-800-766-3777
Website: https://www.dol.ks.gov
Email: KDOL.Communications@ks.gov
Office Hours: Monday-Friday, 8:00 AM – 5:00 PM (Central Time)
Services:
- Wage and hour enforcement
- Unemployment insurance
- Workplace safety consultation
- Labor relations
- Employment services
- Worker training programs
Office of Employment Standards
Phone: (785) 296-5000, extension 1068
Email: KDOL.EmploymentStandards@ks.gov
Handles: Wage claims, minimum wage, child labor
Kansas Human Rights Commission
Landon State Office Building
900 SW Jackson Street, Suite 568-S
Topeka, KS 66612-1258
Phone: (785) 296-3206
Toll-free: 1-888-793-6874
TTY: (785) 296-0245
Fax: (785) 296-0589
Email: KHRC@ks.gov
Website: http://www.khrc.net/
Office Hours: Monday-Friday, 8:00 AM – 5:00 PM (Central Time)
Services:
- Investigation of discrimination complaints
- Mediation services
- Public education on civil rights
- Enforcement of Kansas Act Against Discrimination
Kansas Division of Workers Compensation
401 SW Topeka Boulevard, Suite 2
Topeka, KS 66603-3105
Phone: (785) 296-4000
Toll-free: 1-800-332-0353
Email: KDOL.WC@ks.gov
Website: https://www.dol.ks.gov/wc
Office Hours: Monday-Friday, 8:00 AM – 5:00 PM (Central Time)
Services:
- Workers’ compensation claims
- Employer compliance
- Dispute resolution
- Self-insurance applications
11.2 Federal Government Agencies
U.S. Equal Employment Opportunity Commission
Kansas City Area Office
Gateway Tower II
400 State Avenue, 9th Floor
Kansas City, KS 66101
Phone: (913) 340-8810
Toll-free: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Email: kansascityintake@eeoc.gov
Website: https://www.eeoc.gov
Public Portal: https://publicportal.eeoc.gov/
Office Hours: Monday-Friday, 8:00 AM – 4:00 PM
Walk-in Hours: Monday, Tuesday, Thursday, Friday, 8:00 AM – 12:00 PM
Services:
- Federal discrimination complaint intake
- Investigation of Title VII, ADA, ADEA, EPA, GINA charges
- Mediation services
- Outreach and education
U.S. Department of Labor
Wage and Hour Division – Kansas City District Office
Phone: (913) 551-5721
Website: https://www.dol.gov/agencies/whd
Toll-free: 1-866-4US-WAGE (1-866-487-9243)
Services:
- FLSA enforcement (minimum wage, overtime)
- FMLA enforcement
- Child labor enforcement
- Davis-Bacon and prevailing wage
- Farm labor standards
Occupational Safety and Health Administration (OSHA)
Wichita Area Office
1701 South Hydraulic Avenue
Wichita, KS 67211
Phone: (316) 269-6644
Fax: (316) 269-6677
OSHA Kansas City Area Office
8600 Farley Street, Suite 100
Overland Park, KS 66212
Phone: (913) 551-5644
Fax: (913) 551-1860
General Information: 1-800-321-OSHA (6742)
Website: https://www.osha.gov
Services:
- Workplace safety inspections
- Safety complaint investigations
- Safety consultation (separate consultation program)
- Safety training and education
- Whistleblower protections
National Labor Relations Board
Kansas City Resident Office
8600 Farley Street, Suite 100
Overland Park, KS 66212
Phone: (913) 967-3000
Fax: (913) 967-3010
Website: https://www.nlrb.gov
Services:
- Unfair labor practice investigations
- Union election supervision
- Labor-management dispute resolution
11.3 Additional Government Resources
Kansas Legislature
Kansas State Capitol
300 SW 10th Avenue
Topeka, KS 66612
Phone: (785) 296-2391
Website: https://www.kslegislature.org
Resources: Kansas Statutes, legislative information, bill tracking
Office of Revisor of Statutes
State Capitol, Room 142-N
Topeka, KS 66612
Phone: (785) 296-2321
Website: http://www.ksrevisor.org
Resources: Official Kansas statutes and regulations
Frequently Asked Questions - Kansas Employment Law
1. What is employment law in Kansas?
Employment law in Kansas refers to the body of state and federal laws governing the relationship between employers and employees. It includes wage and hour requirements, discrimination protections, workplace safety regulations, and enforcement mechanisms for employee rights and employer obligations.
2. What is the difference between employment law and labor law in Kansas?
Employment law covers individual employment relationships, including wages, discrimination, wrongful termination, and employee benefits. Labor law specifically addresses collective bargaining, union organizing, labor-management relations, and union representation rights. Employment law applies to all workplaces; labor law applies primarily to unionized workplaces.
3. Is Kansas an at-will employment state?
Yes. According to Kansas Department of Labor, “Kansas is an employment at will state which means your employer can fire you for any non-discriminatory and/or non-retaliatory reason.” This means either party can end the employment relationship at any time for any lawful reason, subject to exceptions for discrimination, retaliation, public policy, and contractual limitations.
4. What is the minimum wage in Kansas in 2026?
The Kansas minimum wage is $7.25 per hour, matching the federal minimum wage. This rate has been in effect since 2009. All employees not covered by the federal Fair Labor Standards Act must be paid at least Kansas minimum wage, and most Kansas employers are covered by federal law requiring the same $7.25 rate.
5. Does Kansas require overtime pay?
Yes. Kansas law requires overtime pay after 46 hours in a workweek for employers covered only by state law. Federal law (FLSA) requires overtime after 40 hours per week for covered employers. Most Kansas employers are covered by federal law. Overtime must be paid at 1.5 times the employee’s regular rate of pay. Some employees are exempt from overtime requirements.
6. Are meal and rest breaks required in Kansas?
No. According to Kansas Department of Labor, “Breaks are not required under state or federal law.” However, many employers voluntarily provide breaks. If an employer provides short breaks (5-20 minutes), those must be paid as work time. Meal periods of 30 minutes or longer need not be paid if the employee is completely relieved of duties.
7. What are my employee rights in Kansas?
Kansas employees have rights to minimum wage, overtime pay (when applicable), timely wage payment, final paycheck upon separation, freedom from discrimination based on protected characteristics, reasonable accommodation for disabilities and pregnancy, safe working conditions, and protection from retaliation for exercising legal rights. Specific rights depend on employer size and industry.
8. Can my employer fire me for any reason in Kansas?
Kansas follows at-will employment, meaning employers can generally terminate employees for any non-discriminatory and non-retaliatory reason without notice. However, employers cannot fire employees for illegal reasons including discrimination based on protected characteristics, retaliation for protected activities, or in violation of public policy or contracts.
9. How do I file a discrimination complaint in Kansas?
File with Kansas Human Rights Commission (for state law claims) at (785) 296-3206 or the EEOC (for federal claims) at (913) 340-8810. Complaints must be filed within 6 months for Kansas law or 300 days for federal law. Contact the agencies for complaint forms and procedures, or use the EEOC Public Portal at https://publicportal.eeoc.gov/.
10. Can I request remote work as a reasonable accommodation in Kansas?
Possibly. Remote work may be required as a reasonable accommodation for disability or pregnancy-related limitations if it would allow the employee to perform essential job functions without imposing undue hardship on the employer. Kansas does not have a general right-to-request remote work law for employees without accommodation needs.
11. What are employer obligations in Kansas?
Kansas employers must comply with minimum wage and overtime laws, anti-discrimination laws, workplace posting requirements, new hire reporting (within 20 days), Form I-9 verification, unemployment insurance tax obligations, workers’ compensation insurance requirements (with limited exceptions), workplace safety standards, and recordkeeping requirements under state and federal law.
12. What workplace posters are required in Kansas?
Employers must display federal posters (FLSA minimum wage, EEO laws, FMLA if applicable, OSHA, Employee Polygraph Protection Act, USERRA) and Kansas posters (minimum wage notice, unemployment insurance, workers’ compensation). Posters must be displayed in locations accessible to all employees and updated when laws change.
13. What are the recordkeeping requirements for Kansas employers?
Employers must maintain payroll records for at least 3 years, including employee names, addresses, Social Security numbers, hours worked, wages paid, and deductions. Time cards and wage computation records must be kept for 2 years. Employment-related records (applications, personnel files, termination records) must be kept for at least 1 year under federal EEO laws.
14. Does Kansas require paid sick leave?
No. Kansas does not require employers to provide paid sick leave. According to Kansas Department of Labor, “The law does not require your employer to offer vacation or sick leave. However, many employers provide this as a benefit for their employees.” The federal Family and Medical Leave Act provides unpaid leave for eligible employees of covered employers.
15. What protections does Kansas law provide for remote workers?
Remote workers in Kansas have the same employment law protections as on-site workers, including minimum wage, overtime, anti-discrimination protections, and reasonable accommodation rights. At-will employment principles apply equally. Kansas does not have specific remote work laws or right-to-request legislation. Employers can generally require return to office unless contractual or accommodation obligations exist.
16. How soon must I receive my final paycheck when I leave a job in Kansas?
Under Kansas law (K.S.A. 44-315), employers must pay final wages no later than the next regular payday, whether the employee was terminated or resigned. Final wages can be paid through regular channels or by mail if the employee requests. Employers who willfully fail to pay may face penalties.
17. Can my employer deduct money from my paycheck in Kansas?
Kansas law strictly limits wage deductions. Employers can only deduct amounts required by law (taxes, garnishments), authorized in writing by the employee for lawful purposes benefiting the employee, or for medical care without financial benefit to employer. Employers may deduct from final paychecks (with notice) to recover unreturned employer property, repay loans, or correct overpayments, but cannot reduce wages below minimum wage.
18. What should I do if my employer hasn’t paid me?
File a wage claim with Kansas Department of Labor, Office of Employment Standards at (785) 296-5000 ext. 1068. Provide information about unpaid wages, employment dates, and any supporting documentation. The agency will investigate and can order payment if violations are found. For federal law violations, contact U.S. Department of Labor at (913) 551-5721.
19. Does Kansas have a right-to-work law?
Yes, Kansas is a right-to-work state for private sector employees. Employees cannot be required to join a union or pay union dues as a condition of employment. Union membership must be voluntary. Different rules apply to public sector employees under the Public Employer-Employee Relations Act and Professional Negotiations Act.
20. Where can I get legal help with an employment problem in Kansas?
Government agencies provide investigation and enforcement services for wage and discrimination claims. Contact Kansas Department of Labor at (785) 296-5000 for wage issues, Kansas Human Rights Commission at (785) 296-3206 for discrimination claims, or EEOC at (913) 340-8810 for federal discrimination claims. For questions about finding private legal representation, individuals may contact appropriate professional referral services.