Introduction:
Kansas is a state located in the midwestern part of the United States. It is known for its iconic sunflowers and as the birthplace of President Dwight Eisenhower. It is also a state that takes its employees’ rights seriously. In this article, we will explore the various employee rights in Kansas and what they mean for both employers and employees.
Minimum Wage:
The minimum wage in Kansas is currently $7.25 per hour, which is the same as the federal minimum wage. However, some cities in Kansas have higher minimum wages than the state and federal minimum. For instance, the minimum wage in Kansas City, Kansas is $15 per hour. Employers are required to pay their workers the highest minimum wage applicable whether it is the state or city minimum wage.
Overtime:
Employers are required to pay their employees who work more than 40 hours a week an overtime rate of at least 1.5 times their regular pay rate. There are exceptions to this rule for certain jobs like executive, administrative, or professional employees who are exempt from overtime pay.
Family and Medical Leave:
Under the Family and Medical Leave Act (FMLA), eligible employees in Kansas are entitled to up to 12 weeks of unpaid leave in a year for the birth or adoption of a child, their own or a family member’s serious health condition. An employee can also take up to 26 weeks of unpaid leave to care for an injured service member. During the leave, an employer must maintain the employee’s health benefits.
Discrimination:
Kansas law prohibits employers from discriminating against their employees based on their race, color, religion, national origin, sex, age, or disability. Discrimination includes actions like firing, demoting, harassing, or denying promotions to employees based on their race, gender identity, or religious practices. Any employee who feels they have been discriminated against can file a complaint with the Kansas Human Rights Commission.
Retaliation:
Employers are not allowed to retaliate against employees who assert their rights, such as complaining about discriminatory practices, filing a workers’ compensation claim, or requesting accommodations for a disability. Retaliation is illegal and can take different forms such as demoting an employee, denying them a promotion or dismissing them. If an employee feels they have been retaliated against, they can file a complaint with the Kansas Department of Labor.
Workers’ Compensation:
Workers’ compensation provides benefits to employees who are injured on the job. Employers in Kansas are required to provide workers’ compensation coverage to their employees and to report any workplace injuries to the Department of Labor. Workers’ compensation benefits include medical expenses, lost wages, and disability benefits. If an employee is injured at work, they should report the incident to their employer as soon as possible and seek medical attention.
Unemployment Benefits:
Unemployment benefits provide temporary financial assistance to employees who have lost their jobs through no fault of their own. To be eligible for unemployment benefits in Kansas, an employee must have worked in the state and earned a minimum wage for a certain period. The amount of the benefit varies depending on the employee’s earnings and the reason for the job loss. To apply for unemployment benefits, employees should contact the Kansas Department of Labor.
Conclusion:
Kansas employee rights are designed to protect the safety and well-being of workers in the state. Employers who violate these rights can face legal consequences, while employees can receive benefits and remedies for any infringements. It is important for both employers and employees to understand these rights and responsibilities to create a safe, fair, and efficient working environment for all parties.
Quick Guide to Kansas Employee Rights
Kansas Employee Rights
Some of the greatest public resources for Kansas employee rights involving various employee rights in minimum wage, fair pay and equal pay, the hiring process, safety standards, are the state’s updated statutes and Department of Labor. Both federal and state laws will be discussed within this article.
Kansas Employee Rights in the Hiring Process
There are multiple federal laws and state laws that protect an applicant during the hiring process and most of these laws protect the applicant against discrimination, unlawful drug testing, and access to personal files.
For example, laws about the hiring process under 44-119(a) state that a former employer cannot offer anything but the date of employment, pay level, job description, and wage history. With a written request, the former employer may also offer evaluations conducted prior to separation and whether the employee voluntarily or involuntarily left the company.
Kansas employee rights within the hiring process are controlled by the following federal laws and more:
• Title VII of the Civil Rights Act of 1964 (which protects employee rights dealing with race, color, religion, sex, or national origin, and more)
• Age Discrimination Act of 1963 (which protects workers’ rights who are 40 years or older)
• Title I and Title V of the Americans with Disabilities Act of 1990 and Sections 501 and 505 of the Rehabilitation Act of 1973 (which protects a disabled person’s rights in federal, state, and local sectors)
• Title II of the Genetic Information Nondiscrimination Act of 2008 (which prohibits discrimination based on genetic information about the employee)
KS employee rights: Fair Pay and Equal Pay
There are also Kansas employee rights that cover various employee rights in minimum wage and fair pay and equal pay. Some of these rights are listed below:
KS employee rights: The Fair Pay and Equal Pay Acts
These federal acts prohibit sex-based discrimination within the same job. The Fair Pay and Equal Pay Acts also prohibit an employer from paying employees of equal experience and skill different wages based on sex or any categories under discrimination laws. State law in connection with federal law is discussed in §44-1205 of the Kansas statutes.
KS employee rights: Various Employee Rights with Minimum Wage
The current minimum wage in Kansas is $7.25. Various employee rights in minimum wage laws allow the employee to negotiate their wage or make a claim against unfair wages, and employees receiving minimum wage operate under the same overtime rules as people with higher pay rates. Refer to the article on this website titled, “Kansas Minimum Wages Laws” for more information on various employee rights in minimum wage laws.
If you believe your Kansas employee rights have been violated, including various employee rights in minimum wage, fair pay and equal pay, the hiring process, or any other aspect of the workplace, you should never be afraid to receive proper compensation from the employer. Your rights within the hiring process, various employee rights under minimum wage laws, fair pay and equal pay, and others are protected under whistleblower laws if you decide to bring suit against an employer.
