Kansas Employment Laws Explained
Kansas is known as an "employment-at-will" state, meaning that employers can terminate employees with or without cause and without warning, as long as those terminations do not violate exception to employment-at-will or public policy laws. These exceptions generally prohibit employees from dismissing employees for discriminatory reasons, such as race, religion, sex, national origin, and in some jurisdictions, age and handicap. The Kansas Law Against Discrimination ("KLAD") prohibits discrimination on the basis of race, religion, color, sex, national origin, disability and ancestry.
The Kansas Human Rights Commission enforces the KLAD. The KHRC handles every claim of employment discrimination that is filed in Kansas, including claims filed under Title VII, the ADA, GINA, the ADEA, the KCRA and the KLAD. After investigation, the KHRC issues a "probable cause" determination if the evidence indicates that an employment discrimination statute has been broken and dismisses the claim if it does not. However , this doesn’t mean that the claim has been completely dismissed as it could be re-filed in district court. An "unlawful employment practice" means that any discriminatory practice prohibited by the KCRA where an employer discriminates or fails to hire, discharges or otherwise discriminates against any person in retaliation of the exercise of their rights under the KCRA. This type of discrimination falls into three categories: (1) disparate treatment; (2) disparate impact; and (3) failure to reasonably accommodate a disability. Prior to filing a suit, a plaintiff must file a charge with the KHRC and allow it 180 days to investigate the claims.
Other essential employment laws in Kansas that every employer should be familiar with include the Kansas Wage Payment Act, the Kansas Minimum Wage Act, the Kansas Wage Payment Act, and the Kansas Age Discrimination in Employment Act.
Minimum Wage and Overtime Regulations
In 2021, the state of Kansas has the same minimum wage rate in effect as the federal standard at $7.25 per hour. The minimum wage rate applies to employees age 18 years and older employed by all Kansas and Federal Government employers in Kansas. Kansas law does not apply any exceptions to the minimum wage rate for tipped employees or employees with disabilities.
Under the federal Fair Labor Standards Act (FLSA), overtime must be paid to covered nonexempt employees who work over 40 hours in a workweek. Kansas law requires employers to pay time and one half of their regular rate for all hours that nonexempt employees work over 46 hours in a workweek. Kansas law does not have any exceptions or exemptions for overtime pay. Certain positions are exempt under the FLSA, so be sure to review the guidelines to ensure compliance with federal and state laws.
Worker Rights and Anti-Discrimination Rules
Central to the foundation of the American workplace is the principle of equality, and in Kansas, state laws are in place to protect employees from workplace discrimination. This discrimination can be on the basis of race, gender, or other protected categories established by state law.
Under the Kansas Acts Against Discrimination, Kansas employers are prohibited from discriminating against an individual based on certain defined characteristics. These protected categories include race, religion, color, sex, disability, national origin and ancestry, age, and familial status, among several others. The Kansas Acts Against Discrimination extend to employment, housing, discriminatory commercial driving, and beyond.
While federal anti-discrimination laws are somewhat broader, Kansas state law adds an extra layer of protection for certain groups. State and federal anti-discrimination laws have been written with the intent of making this a more level playing field for all workers.
It is generally unlawful for an employer to refuse to hire, discharge, promote, transfer, or discriminate in any way concerning the terms and conditions of employment for any individual of a protected category. Such discrimination can be intentional, or based on the disparate impact of employment policies.
Kansas workers with complaints of discrimination may file a claim with the Kansas Human Rights Commission.
Termination of Employment and At-Will Doctrine
Employment termination in Kansas is governed by the employment-at-will doctrine. Unless otherwise stated within an employment contract, both the employer and employee have the right to terminate an employment relationship at any time for virtually any reason. Due to this legal concept, employers are largely free to terminate employees as they consider necessary, provided that the employee is not a member of a protected class and termination of employment does not violate an employment contract. Despite the at-will employment laws, however, state and federal laws protect employees from being retaliated against for reporting discrimination or other unlawful conduct of the employer. The employer should weigh all options when considering termination of employment, especially in the event of downsizing or workforce reduction. It is important that all records demonstrating lawful reasons for termination are maintained in the event of a future wrongful termination claim. A common occurrence is when an employer eliminates one position within a department and then reassigned the duties from that position to either one or more positions within the department. Providing documentation supporting that one or more employees are capable of handling the workload of the terminated employee may eliminate any potential wrongful discharge claims that could arise as a result of a mass workplace termination.
Family and Medical Leave Rights
While Kansas employees (public or private) whose employers engage in interstate commerce may be subject to these provisions, the FMLA and KFLA do not themselves impose an affirmative obligation on an employer. Missouri Valley Paper Mills v. Deputy Director of Labor & Industrial Relations, 206 Kan. 50, 481 P.2d 986 (1971). However, an employer may waive a right under the KFLA if it does so explicitly, as can be inferred from prior holdings. Id. In addition, the KFLA is not an exclusive remedy. Instead, the KFLA functions in conjunction with the FMLA which guarantees eligible employees of covered employers up to 12 weeks of unpaid, job-protected leave annually, the recovery of any reinstatement of accrued vacation, sick or other paid time off. 29 U.S.C. 2612. An employer is not required to grant FMLA leave for circumstances such as the birth and care of employee’s child, adoption or foster placement, caring for spouse or child with serious health condition, caring for oneself for serious health condition. However, in order for an employee to qualify for FMLA protection, an employee must have been employed for at least 12 months by the employer and have worked at least 1,250 hours during the previous 12 months preceding notice of intent to take leave . 29 U.S.C. 2611(2). Employers with fewer than 50 employees within a 75 mile radius are not covered by the FMLA. 29 U.S.C. 2611(4).
For KFLA purposes, leave may be granted for care of an ill family member, pregnancy, or adoption leave. K.S.A. 44-313(a). Family members are defined as child, spouse, grandchild, parent, or members of the employee’s immediate household. K.S.A. 44-310(a). Under the KFLA, an employee cannot have their pay or benefits withheld for the first four hours of time missed for the first two incidents involving illness or injury. K.S.A. 44-313(b). After the first two incidents, an employee’s pay and benefits can be withheld for time missed for illness or injury except where the incident occurs 14 days or longer after the previous incident. Id. An employer is obligated to grant up to 16 workdays, upon written request, to an employee with regard to leave for birth or adoption purposes. A.K.S.A. 44-313(c). An employee is entitled to earn pay or benefits for the first five days consecutively for day(s) missed due to pregnancy. K.S.A. 44-313(d). An employee is entitled to return to their original, equivalent, or a comparable position following leave. K.S.A. 44-313(e).
Occupational Safety and Health Standards
Both private and public employers in Kansas are responsible for maintaining an occupational environment free from recognized hazards that could cause serious injury or death to employees. To that end, they are subject to a variety of employment laws regulating their obligations in regard to workplace safety.
Administration of occupational safety and health in Kansas is handled in the state by the Department of Labor. The most important federal employment law relating to occupational safety and health is the Occupational Safety and Health Act (OSHA). Although the federal law applies nationwide, states may regulate employment within their borders through their own occupational safety and health plans. The federal government approves such plans, which must at least be as effective as the federal program in protecting worker safety and health. Kansas is one of 22 states with an approved plan. Like the standard federal law, it covers all employers in the state and requires them to meet certain duties in regard to workplace safety.
Those duties include the following:
Under the federal standard, a workplace hazard must be "recognized" — such as being known to cause illness or injury, or having been specifically identified in existing regulations — to be covered by the law. Kansas applies the federal "recognized hazard" standard and also has a more expansive definition under its own laws. The Kansas law defines a recognized hazard as any condition for which there is an established hazard alerting an employee to the condition, such as a "hazard recognition sign, warning tag, instruction card or oral instruction, warning or information." This definition encompasses conditions not covered by the Occupational Safety & Health Act, such as rising air pollution levels.
The Kansas law, like the federal law, allows any Kansas resident to file a complaint with the state workplace safety enforcement agency. An employee must report a condition that threatens a safety or health issue. The complaint must give facts describing the condition, enabling an investigator to find the condition. The complaint must be filed between 60 days and 2 years from the date where the potential violation occurred. The employee or his or her representative may file the complaint.
Kansas workers are entitled to protection from employer discharge, discipline or discrimination for filing a complaint or testifying about workplace safety and health violations. Any employer that retaliates against an employee for exercising his or her rights to workplace safety and health violates the law. In addition to workplace safety and health protections, the Kansas law also prohibits employers from requiring employees to participate in a polygraph test.
Retaliation and Whistleblower Actions
In Kansas, the law provides a range of protections against retaliation for employees and employees who blow the whistle. The Kansas Act Against Discrimination (KAAD), for example, makes it unlawful for an employer to retaliate against an employee for opposing any practice forbidden by the KAAD or for filing a charge or testifying, assisting or participating in an investigation or proceeding under the KAAD. Likewise, the Employees Whistleblower Act protects employees from retaliation by an employer who "discharges, threatens or otherwise discriminates against an employee in the terms and condition of employment because the employee has acted to provide or cause to be provided information, including testimony, to the county or district attorney which the employee reasonably believes constitutes evidence of a violation of any state or federal law, rule or regulation." Under the Kansas Wage Payment Act, an employee may not be "retaliated against by his or her employer for exercising any right provided by this act." Finally, the Kansas Minimum Wage and Employment Standards Act also prohibits an employer from retaliating against an employee "because of the exercise by such employee on behalf of himself [or herself] or others of any rights afforded by" the KMWES Act.
Collective Bargaining and Union Privileges
The National Labor Relations Act ("NLRA") applies to most private sector employers in Kansas. The NLRA protects employees who unionize and who engage in so-called "concerted" activity, which can include making complaints to government entities in the course of a common workplace concern. The NLRA prohibits employers from interfering with, restraining, or coercing employees who either unionize or engage in concerted activity. However, there are many limitations to the rights of employees to unionize and to engage in concerted activity. The NLRA also requires that implied duty of good faith and fair dealing to be followed by both union and management leaders.
Other Kansas laws apply to both government and private sector workplaces regarding union and collective bargaining activities . The Kansas Public Sector Labor Relations Act governs how the State of Kansas and municipal employers must interact with labor unions, and in most cases, private sector workplaces are expressly excluded from these rules. In addition, school districts and other such entities must honor the Kansas School District Labor Relations Act.
Collective bargaining rules apply to the negotiation process between an employee trade union and management. The law usually requires substantive negotiations, including negotiating wages, hours, working conditions and benefits. Also, disputes can arise after negotiations are complete, and an employer can violate the NLRA if it fails to act in good faith to follow the agreements.