Kansas
Kansas Minimum Wage 2026: $7.25 an Hour and Who the State Act Covers
Independently fact-checked against primary sources (last audited September 29, 2026). · 11 primary sources cited on this page. How we verify our legal content
Kansas's minimum wage is $7.25 per hour under K.S.A. 44-1203(a)(2), but the state act does not apply to employers and employees covered by the federal FLSA. Most Kansas workers therefore get $7.25 from federal law, and Kansas cities cannot require a higher general minimum wage.
Information last verified on September 28, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers the Kansas Minimum Wage and Maximum Hours Law (K.S.A. 44-1201 et seq.) and the federal FLSA. It does not cover overtime detail or any other state.
What is the Kansas minimum wage?
K.S.A. 44-1203(a)(2) provides that on and after January 1, 2010, employee wages shall be paid at a rate of not less than $7.25 an hour. The rate is a flat statutory figure with no indexing, and no scheduled change appears in the statute for January 1, 2027.
The catch is coverage. K.S.A. 44-1203(c) states that the section does not apply to any employers and employees covered by the federal FLSA, and 44-1202(d) likewise excludes employers subject to the FLSA from the definition of employer. In practice the state act reaches only employers outside the FLSA. Most Kansas workers get their $7.25 from the federal law instead. See the federal minimum wage page.
How the state act and the FLSA fit together
The FLSA covers employees of enterprises with at least $500,000 in annual sales or business done, and employees of smaller firms engaged in interstate commerce (DOL FAQ; 29 U.S.C. 203(s)(1)(A)). Where both could apply, the higher standard controls (29 U.S.C. 218(a)), but the Kansas figure equals the federal figure. The state act matters for the narrow band of employment outside federal coverage, where 44-1202(e) excludes agriculture, domestic service in a private home, bona fide executive, administrative and professional employees and outside commission salespeople, United States employees, gratuitous nonprofit service, persons 18 or younger employed on an occasional or part-time basis, which 44-1202(h) defines as under 40 hours a week (students 18 or younger working between terms count as part-time regardless of hours), and certain school district administrative staff.
Tipped workers in Kansas
Under K.S.A. 44-1203(b), tips may be counted toward the wage if they are customarily part of remuneration and are actually received and retained. The employer must pay at least $2.13 an hour, and if tips plus that wage fall under $7.25, the employer pays the difference. That implies a $5.12 maximum credit, which matches DOL's tipped table. No monthly tip threshold appears in the state text. Employers may not keep employees' tips under federal law (29 U.S.C. 203(m)(2)(B)).
Youth rates
The state act contains no separate youth wage in the sections reviewed; it excludes persons 18 or younger employed on an occasional or part-time basis, meaning under 40 hours a week (44-1202(h)), from the definition of employee (44-1202(e)). For FLSA-covered employers, federal law permits $4.25 per hour for a newly hired employee under 20 during the first 90 consecutive calendar days, if the work does not displace other workers (29 U.S.C. 206(g)).
Can Kansas City or Wichita set a higher minimum wage?
No. K.S.A. 12-16,130(a)(3) says no city, county or local government unit shall enact or administer any ordinance, resolution or law requiring an employer to pay compensation or wages at any rate higher than the minimum wage, unless higher pay is required by state or federal law. Subsection (b) exempts requirements under state economic development incentive programs and local business attraction, retention or recruitment programs.
Bills to raise the Kansas minimum wage
Bills to change K.S.A. 44-1203 were introduced in the 2025-2026 session, including HB 2151 (a $15 minimum) and SB 471 ($16, and extending the law to FLSA-covered employers). The Kansas Legislature lists both as died in committee. They did not become law, and the statute text still reads $7.25.
How to file a minimum wage claim in Kansas
The Kansas Department of Labor enforces the state act under K.S.A. 44-1206, which authorizes inspection upon a written complaint from an employee. Under 44-1211, an employee may sue in any court and recover the full unpaid wages plus costs and reasonable attorney fees, and the Secretary may take assignment of a wage claim. K.S.A. 44-1210 provides a criminal fine of $250 to $1,000 and treats discharge or discrimination for a complaint as a violation. The state limitations period and the KDOL complaint page were not verified.
For FLSA-covered workers, DOL takes complaints at 1-866-487-9243. An employer that violates the federal minimum wage owes unpaid wages plus an equal amount as liquidated damages (29 U.S.C. 216(b)); a suit generally must start within two years, or three for a willful violation (29 U.S.C. 255(a)), and 29 U.S.C. 215(a)(3) bars retaliation. See Kansas final paycheck laws, Kansas at-will employment laws and unpaid wages.
Disclaimer: This page is general legal information, not legal advice. It covers the Kansas Minimum Wage and Maximum Hours Law and the federal Fair Labor Standards Act (FLSA) as verified on September 28, 2026. For a specific pay situation, consult a lawyer licensed in Kansas or the state labor agency.
Related pages
- Federal minimum wage rules
- Kansas final paycheck laws
- Kansas at-will employment laws
- Unpaid wages and how to claim them
- Overtime calculator
Last updated: September 28, 2026.
Frequently Asked Questions
What is the minimum wage in Kansas?
$7.25 per hour under K.S.A. 44-1203(a)(2). The state act does not apply to FLSA-covered employers, whose employees are owed the federal $7.25.
Will Kansas's minimum wage go up in 2027?
No scheduled change appears in the statute. Bills such as HB 2151 and SB 471 were introduced in 2025-2026, but they died in committee and are not law.
Why does the Kansas minimum wage law not cover most workers?
K.S.A. 44-1203(c) and 44-1202(d) exclude employers and employees covered by the FLSA, so the federal law applies to them instead.
What is the Kansas tipped minimum wage?
Employers must pay at least $2.13 an hour, and if tips plus that wage fall under $7.25 they pay the difference (K.S.A. 44-1203(b)).
Can Kansas cities set a higher minimum wage?
Not as a general minimum wage. K.S.A. 12-16,130(a)(3) bars local governments from requiring wages above the minimum wage unless state or federal law requires it; subsection (b) exempts requirements under state economic development incentive programs and local business attraction, retention or recruitment programs.
Can I sue for unpaid minimum wage in Kansas?
Yes. K.S.A. 44-1211 lets an employee sue in any court for the unpaid wages plus costs and reasonable attorney fees.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kansas Statutes Annotated, Chapter 44: LABOR AND INDUSTRIES
§ 44-1203Same; minimum wage; computation; applicability of section.In force
(a) Except as otherwise provided in the minimum wage and maximum hours law, every employer shall pay to each employee wages at a rate as follows: (1) Prior to January 1, 2010, employee wages shall be paid at a rate of not less than $2.65 an hour; and (2) on and after January 1, 2010, employee wages shall be paid at a rate of not less than $7.25 an hour. (b) In calculating such minimum wage rate, an employer may include tips and gratuities received by an employee if such tips and gratuities have customarily constituted part of the remuneration of the employee and if the employee concerned actually received and retained such tips and gratuities. For employees receiving tips and gratuities, the employer shall pay a minimum wage of at least $2.13 an hour.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 44-1202Minimum wage and maximum hours law; definitions.In force
As used in K.S.A. 44-1201 to 44-1213, inclusive, and amendments thereto, unless the context otherwise requires: (a) "Secretary" means the secretary of labor. (b) "Wage" means compensation due to an employee by reason of the employee's employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such allowances as may be permitted by regulations of the secretary under K.S.A. 44-1207, and amendments thereto. (c) "Employ" means to suffer or permit to work. (d) "Employer" means any individual, partnership, association, corporation, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include any employer who is subject to the provisions of the fair labor standards act of 1938 (29 U.S.C.A. § 201 et seq.) and any other acts amendatory thereof or supplemental thereto.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 44-1211Liability of employer for payment of wages and overtime compensation; assignment of wage claim to secretary of human resources; attorney fees and costs.In force
(a) On and after January 1, 1978, any employer who pays an employee less than the wages and overtime compensation to which such employee is entitled, under or by virtue of K.S.A. 44-1201 to 44-1213, inclusive, shall be liable to such employee affected for the full amount of such wages and overtime compensation, less any amount actually paid to such employee by the employer, and for costs and such reasonable attorney fees as may be allowed by the court in an action for the recovery of such wages and overtime compensation. Any agreement between such employee and the employer to work for less than the applicable wage rate shall be no defense to such action. Such action may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of such employee or employees.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 44-1210Violations; penalties.In force
(a) On and after January 1, 1978, any employer who is convicted of violating any provisions of K.S.A. 44-1201 to 44-1213, inclusive, or falsifying any record pertaining thereto shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000). (b) On and after January 1, 1978, any employer who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his or her employer or the secretary, or to the authorized representative of the secretary, that he or she has not been paid wages in accordance with K.S.A. 44-1201 to 44-1213, inclusive, or rules or regulations issued thereunder, or because such employee has caused to be instituted, or is about to cause to be instituted, any proceeding under or related to K.S.A. 44-1201 to 44-1213, inclusive, or because such employee has testified or is about to testify in any such proceeding, shall be deemed in violation of K.S.A. 44-1201 to 44-1213, inclusive, and, upon conviction therefor, shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 44-1206Same; authority of secretary of human resources to enter and inspect places of business upon complaint.In force
Only upon receipt of a written complaint from an employee who alleges to have been aggrieved under the provisions of this act on or after January 1, 1978, shall the secretary or the authorized representative of the secretary have authority to enter and inspect any place of business or employment in this state. Such authority shall include the power to examine and inspect all books, registers, payrolls and other records that in any way relate to wages and hours of employees; to copy any such books, registers, payrolls and other records as the secretary or the authorized representative of the secretary may deem necessary or appropriate; and to question employees.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 44-1204Same; overtime compensation; exceptions.In force
(a) On and after January 1, 1978, no employer shall employ any employee for a workweek longer than 46 hours, unless such employee receives compensation for employment in excess of 46 hours in a workweek at a rate of not less than 11/2 times the hourly wage rate at which such employee is regularly employed. (b) No employer shall be deemed to have violated subsection (a) with respect to the employment of any employee who is covered by this section, who is engaged in the public or private delivery of emergency medical services as an emergency medical service provider as defined by K.S.A.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
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Sources and References
- K.S.A. 44-1203 (minimum wage)(www.kslegislature.gov).gov
- K.S.A. 44-1202 (definitions)(www.kslegislature.gov).gov
- K.S.A. 12-16,130 (local wage preemption)(www.kslegislature.gov).gov
- K.S.A. 44-1206 (inspection upon written complaint)(www.kslegislature.gov).gov
- K.S.A. 44-1210 (violations; penalties)(www.kslegislature.gov).gov
- K.S.A. 44-1211 (employer liability; attorney fees and costs)(www.kslegislature.gov).gov
- Kansas Legislature, 2025-2026 bill HB 2151(www.kslegislature.gov).gov
- Kansas Legislature, 2025-2026 bill SB 471(www.kslegislature.gov).gov
- 29 U.S.C. 206 (minimum wage), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 218 (relation to other laws), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 216 (penalties), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 255 (statute of limitations), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 215 (prohibited acts), Cornell LII(www.law.cornell.edu)
- U.S. Department of Labor Wage and Hour Division, Minimum Wage FAQ(www.dol.gov).gov
- U.S. Department of Labor Wage and Hour Division, file a complaint(www.dol.gov).gov
- U.S. Department of Labor, Minimum Wages for Tipped Employees(www.dol.gov).gov