Employee Rights in Kansas
The state of Kansas governs labor laws under the authority of the Kansas Statutes. Employees have a number of rights under both federal and state law. Kansas has few protections for workers and does not offer a higher minimum wage than is set by the federal government. Employee rights in Kansas include protection from discrimination, payment rules and overtime pay rules.
Discrimination
The Kansas Statutes 44-1001 forbid employers from discriminating against employees based upon age, sex, race, religion, color, disability, national origin or disability. Employers are not allowed to ask employees if they are married or if they have children during the hiring process. Sexual orientation is not protected by the state of Kansas, but employers may not ask an employee questions about his or her sexual orientation during the hiring process. Any employee who believes that he or she has been fired because of discrimination may file a report with the Kansas Human Rights Commission. This organization will resolve any complaints regarding discrimination.
Firing
Kansas businesses may fire an employee for any reason, provided the reason is not based upon discrimination. Companies do not have to offer severance pay or give advance notice to employees.
Hours
According to the Kansas Department of Labor, a minimum wage of $7.25 an hour must be paid for workers 18 and older. According to statute 44-1201, employees must be paid overtime for any hours worked over 46 in a standard week. This law usually applies only to small businesses in Kansas, as larger companies are covered under the federal Fair Labor Standards Act. Under FLSA, employees must be paid time and a half for any hours worked over 40 in a work week. Children under the age of 18 may not work in hazardous occupations, and 14 and 15-year-old workers can work only limited hours set by state law.
Breaks
Kansas has no law requiring breaks for employees. Federal labor standards under the FLSA do not require employers to offer lunch breaks or short breaks to employees. If an employer does provide short breaks, the employee must be paid during this time.
Payment Rules
An employer must pay employees a minimum of one time a month, according to the the Kansas Department of Labor. Employers must notify employees when they will be paid, and paydays cannot be erratic. Kansas employers can decide to reduce employees' pay at will, although they must provide notice to the employees before doing so. Kansas businesses may pay their employees in cash, provided federal and state withholding taxes are removed from this sum of money. Companies in Kansas cannot force employees to participate in direct deposit. Workers may request a pay stub from their employer.
Sick Pay
Employers in Kansas do not have to offer employees vacation, holiday pay or sick days. Kansas businesses do not have to offer severance pay if a worker is fired, although the employee may apply for unemployment funds. Any vacation or sick time provided by an employer cannot be used up if the worker is fired. Employers must allow workers time off for jury duty, but this time off need not be paid by the employer.
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