Overview of Hiring Laws in Kansas

Kansas employment laws largely align with federal standards while maintaining select state-level protections. The state’s Kansas Department of Labor, Kansas Human Rights Commission (KHRC), and the Equal Employment Opportunity Commission (EEOC) oversee most employment standards, including wage and hour rules, anti-discrimination protections, new hire reporting, and workplace safety.

One of the most notable aspects of Kansas employment law is the state’s reliance on the federal minimum wage since 2009, combined with state-level anti-discrimination protections that apply to employers with 4+ employees—lower than the federal Title VII threshold of 15 employees. Kansas offers a straightforward regulatory environment with no local minimum wage ordinances (unlike many states with complex wage landscapes).

These rules reflect Kansas’s straightforward approach combining federal standards with targeted state protections for smaller employers.

Kansas Hiring Laws

Anti-Discrimination and Equal Opportunity Laws

The Kansas Act Against Discrimination (KAAD), codified in Kansas Statutes Chapter 44, Article 10, prohibits discrimination in employment based on race, religion, color, sex, disability, national origin, and ancestry. Additionally, Kansas law prohibits discrimination based on genetic testing and genetic information in employment contexts.

• Broader employer coverage: The KAAD applies to employers with 4 or more employees for most protected classes—significantly lower than federal Title VII’s 15-employee threshold. Why the lower threshold? Kansas determined that discrimination can occur in smaller workplaces and that workers deserve state-level protection regardless of employer size. For employers with 6-14 employees, state protections are available even though federal law does not apply.
• Important distinction: The KAAD does not explicitly include sexual orientation or gender identity as protected classes at the state level. However, the federal Supreme Court decision in Bostock v. Clayton County (June 2020) extended Title VII sex-based discrimination protections to include sexual orientation and gender identity for federal purposes.
• Protected classes not included: Kansas law does not provide explicit protections for marital status, political affiliation, or other characteristics beyond those listed above.
• Retaliation protections: The KAAD explicitly prohibits retaliation against employees for filing discrimination complaints, assisting with complaints, or opposing discriminatory practices.

Employers are required to maintain written policies addressing non-discrimination and equal employment opportunity. Employers must provide reasonable accommodations for individuals with disabilities unless it causes significant difficulty or expense.

Pay Equity and Minimum Wage

Kansas’s minimum wage is $7.25 per hour, matching the federal minimum wage. Importantly, Kansas has maintained this rate since 2010, creating a 15+ year freeze. During this time, neighboring states have significantly increased their minimum wages: Colorado ($15.10 in 2025), Nebraska ($13.50 in 2025), and Missouri ($13.75 in 2024).

For the most current minimum wage information, visit the Kansas Department of Labor Minimum Wage Page.

• State vs. federal minimum wage coverage: For employers covered by the federal Fair Labor Standards Act (FLSA), the federal minimum wage of $7.25 applies. For employers not covered by FLSA (certain agricultural operations, domestic workers, and specific small businesses), Kansas applies its state minimum wage of $7.25 per hour. To determine if your business is FLSA-covered, contact the Federal Wage and Hour Division at (913) 551-5721.
• Overtime for non-FLSA employers: An important distinction: For employers covered by federal FLSA, overtime is due after 40 hours per week at 1.5 times the regular rate. For employers not covered by FLSA, Kansas law requires overtime pay after 46 hours per week.
• Tipped employees: The minimum cash wage for tipped employees is $2.13 per hour. Employers may take a tip credit of up to $5.12 per hour if tips, combined with the base wage, reach at least $7.25 per hour. Employers must ensure tipped workers always earn at least the minimum wage.
• Youth/Student wages:
  • Training wage (workers under 20): $4.25 per hour for the first 90 consecutive calendar days of employment.
  • Student minimum wage: $6.16 per hour (85% of minimum) for full-time high school and college students working up to 20 hours per week at certain employers (colleges, universities, work-study programs).
  • Learners: Employees in specific apprenticeship/training programs may be paid below minimum wage with appropriate documentation.
  • Workers with disabilities: Employers may pay subminimum wages to individuals with physical or mental limitations that limit their ability to work, with proper Department of Labor certification.
• Legislative proposals: Various bills have been proposed to raise Kansas’s minimum wage (including a proposal for $10 per hour by 2025), but none have been enacted to date.

Kansas follows federal equal pay requirements. Employers should retain records demonstrating the basis for any wage differences between employees of different sexes performing substantially equal work.

Background Checks and Criminal History Rules

Kansas does not have a statewide ban-the-box law for private employers. Employers may inquire about an applicant’s criminal history at any point during the hiring process. However, expunged or sealed records require special handling—if an applicant’s criminal record has been expunged or sealed, the applicant may truthfully state that the conviction did not occur.

When using third-party background screening services, the Fair Credit Reporting Act (FCRA) applies. Employers must obtain written consent before running a background check and provide adverse action notices if denying employment.

I-9 and Employment Eligibility Requirements

Like all U.S. states, Kansas employers are required to verify the identity and employment eligibility of new hires using Form I-9. The employee must complete Section 1 by their first day of employment. Employers must complete Section 2 within three business days of hire. Forms must be retained for three years after hire or one year after termination, whichever is later.

• E-Verify: Unlike some states, Kansas does not require private employers to use the federal E-Verify system for employment eligibility verification, though employers may voluntarily use it.

State-Specific Hiring Rules

Kansas enforces additional hiring-related requirements that employers should be aware of:

Penalties for Non-Compliance in Kansas

Kansas takes non-compliance seriously. Employers who fail to follow state and federal hiring laws can face significant financial and legal consequences.

• Wage and Hour Violations: Employers who violate minimum wage, overtime, and wage payment laws are subject to civil penalties enforced by the U.S. Department of Labor and state authorities. Violations can result in back wages, liquidated damages (double the unpaid wages), and attorney fees. The Kansas Department of Labor’s Employment Standards Division can issue fines and penalties for violations.
• Discrimination Violations: If the KHRC or EEOC finds that an employer violated anti-discrimination laws, it may order remedies including reinstatement with back pay, compensatory damages, front pay, and attorney fees. Kansas law does not cap compensatory damages for discrimination claims.
• Filing timeline: Employees must file discrimination complaints with the KHRC within 180 days of the alleged discriminatory act. However, federal EEOC claims must be filed within 300 days. The KHRC and EEOC have a work-sharing agreement, so cases may be cross-filed.
• Employee Lawsuits: Employees can file complaints with the Kansas Human Rights Commission (1-888-793-6874) or the EEOC, or pursue civil lawsuits for discrimination or retaliation.
• FCRA Violations: Improper background check procedures can result in fines of $1,000+ per applicant, with significantly higher exposure in class-action lawsuits.
• Form I-9 Violations: USCIS fines can range from $281 to $2,789 per form for paperwork errors, and $678 to $27,894 per violation for knowingly hiring unauthorized workers (as of 2025).
• New Hire Reporting Non-Compliance: While Kansas has no formal late reporting penalty specified in statute, failure to report can delay child support enforcement and expose employers to compliance investigations.

Notice and Documentation HR Professionals Need to Know

HR professionals must maintain the following key documents to stay compliant:

• Completed Form I-9s for All New Hires- Federal law requires all employers to verify an employee’s identity and eligibility to work in the U.S. via Form I-9. These forms must be completed within three business days of hire and stored securely for the required retention period: either three years after the hire date or one year after termination, whichever is later. For additional guidance on I-9 compliance, consult the USCIS I-9 Handbook.
• New Hire Reporting to Kansas Department of Labor- All new hires and rehires must be reported to the Kansas New Hire Directory within 20 days of their hire date. Report online through the Kansas New Hire Directory (recommended), by fax to (888) 219-7798, or by mail. Reports should include the employee’s name, address, Social Security number, date of hire, and the employer’s FEIN.
• Background Check Documentation- Employers must retain written consent forms, background check reports, and copies of any adverse action notices provided to applicants. These records should be kept for at least one year and demonstrate compliance with FCRA requirements.
• Written Policies on Non-Discrimination and Equal Opportunity- Employers are required to maintain written policies outlining their commitment to equal employment opportunity and non-discrimination. These policies should be included in employee handbooks and posted in visible areas of the workplace to ensure accessibility for all staff.
• Child Labor Work Permits- Employers must keep files of all work permits for children 14-15 employed. Permits must be obtained from the school in which the minor is enrolled.
• Retention of Job Applications and Interview Notes- Kansas employers are advised to retain job applications, interview notes, and hiring records for a minimum of two years. This documentation can be critical if hiring decisions are later questioned or challenged in discrimination complaints.
• Wage and Hour Records- Employers must maintain accurate records of hours worked, wages paid, and deductions for each employee. Records should be kept for at least three years and made available during audits or investigations by the Kansas Department of Labor.
• Posters and Workplace Notices- Certain notices must be displayed prominently in the workplace, including those covering minimum wage, discrimination, workers’ compensation, unemployment insurance, occupational safety, and employee rights. The Kansas Department of Labor provides poster resources. HR should routinely verify that all state and federal posters are up-to-date and clearly visible to employees.