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Women are
60%
more likely to
live in poverty
than white men in
Kansas
Single-woman led households are at the
highest risk
of poverty in
Kansas
In
Kansas
, women earn
$0.71
for every dollar a white man makes
Women in
Kansas
are
67%
more likely to earn
minimum wage
than white men
Women in
Kansas
are
64%
more likely to earn a
tipped wage
than white men
In
Kansas
, at least
70%
of women are essential to the financial security of their household
Kansas law requires equal pay on the basis of sex for equal work on jobs, which require equal skill, effort, and responsibility and are performed under similar working conditions.[1]
· Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on a seniority system; a merit system; system which measures earnings by quantity or quality of production; or a differential based on a factor other than sex.[2]
· Retaliation: Employers cannot discharge or discriminate against an employee who has made or filed a complaint, instituted a proceeding, or testified in a proceeding.[3]
[1] Kan. Stat. Ann. § 44-1205.
[2] Kan. Stat. Ann. § 44-1205.
[3] Kan. Stat. Ann. § 44-1210.
No. Kansas’s law mirrors the federal equal pay law.
No. Kansas does not mandate any form of employer pay disclosure.
No. Kansas does not prohibit employers’ use of salary history in hiring and setting pay.
No. Kansas state law does not protect employees from discussing and disclosing pay. However, under federal law, private sector employees generally cannot prohibit employees from discussing wages, with some exceptions such as supervisors.[1]
[1] Your Right to Discuss Wages, Nat’l Lab. Rels. Bd., https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages (last visited Jan. 28, 2022); see 29 U.S.C. §§ 151-169.
No. Kansas law does not require employers to collect, report, or assess gender-based pay data.
No. Kansas’s minimum wage is the same as the federal minimum wage at $7.25/hr.[1] Kansas localities are statutorily prohibited from raising their minimum wage beyond the state minimum wage.[2]
An employer who violates the minimum wage law can be subjected to fines, unpaid wages, reasonable attorney fees, and costs.[3]
[1] Kan. Stat. Ann. § 44-1203.
[2] Kan. Stat. Ann § 12-16,130.
[3] Kan. Stat. Ann. §§ 44-1210 – 11.
No. Kansas has not eliminated the lower tipped minimum wage.[1]
[1] Kan. Stat. Ann. § 44-1203.
Yes. Employers must pay employees at least once a month on regular paydays designated in advance.[1]
[1] Kan. Stat. Ann. § 44-314.
Yes. Upon request of the employee, employers are required to provide written notice of pay and benefits to employees, any changes to pay, and an itemized statement of deductions made from wages.[1]
[1] Kan. Stat. Ann. § 44-320.
Yes. Kansas’s overtime law requires employers to provide time and a half to applicable nonexempt employees for any time worked beyond 46 hours in a workweek.[1] Because the Federal Fair Labor Standard Act (FLSA) requires overtime for over 40 hours of work, federal law governs for employees covered by FLSA.[2]
[1] Kan. Stat. Ann. § 44-1204.
[2] 29 U.S.C. § 207.
Yes. Employees file a claim for wage theft with the Kansas Department of Labor, which can award unpaid wages and interest.[1] An employee can also file a lawsuit to seek unpaid wages.[2] An employer may also be liable for a penalty for wage theft.[3]
[1] Kan. Stat. Ann. §§ 44-322a – 323.
[2] Kan. Stat. Ann. § 44-324.
[3] Kan. Stat. Ann. § 44-315.
