Wage & Hour Laws -- Employee
An employer and an employee both have rights when it comes to Kansas wage and hour laws. Some of these rights are the result of the Fair Labor Standards Act, while others are from state laws. No matter which act may come into play, it is important that both the employer and the employee are familiar with them.
Many of the employment laws and regulations are dependent on the industry. For example, the trucking industry has many regulations and laws that must be followed but are specific only to truck drivers. For general purposes, the information below will pertain to traditional employees working in jobs without specific wage and hour laws.
The minimum wage in Kansas is $7.25 an hour, which is the same as the federal minimum wage. Wages must be paid at least once every month, and the employer must notify employees what day is payday. Any changes to the payday schedule must also be passed on to the employees.
There is no law that states an employer must offer sick leave or vacation time to employees. However, if there is a company policy regarding sick leave, vacation time or severance time, the employer must abide by it. Should you quit or be fired, then the company’s policies on paying for vacation time must be honored.
Employers are not required to offer a meal period or other break to employees. Many will, simply due to safety concerns and the fact that breaks can increase employees’ productivity.
Overtime is paid at one and a half times the employee’s hourly rate for all hours worked over 40 hours a week. This does not mean that any hours worked over eight hours a day qualifies for overtime. It is only the total hours for the week.
An employer can change your rate of pay, although he or she has to tell you before it happens. When it comes to your paycheck stub, your employer is not required to list anything on your paystub, but must provide the information when you ask for it.
If your feel your employer owes you wages, then you can file a Claim for Wages with the Department of Labor. You should include as much information as possible, such as the dates you worked and were not paid for and how much the employer owes you in total. While you do not need an attorney to file this form, he or she can be very helpful. There are strict deadlines when it comes to filing a claim for wages. The sooner you can file, the better.
You may also file a civil lawsuit in small claims court for unpaid wages. An attorney can represent you in court. An experienced Kansas employment attorney can provide valuable advice and guidance about your wage and hour claim.