Kansas Statewide Rule
Kansas Minimum Wage Local Preemption Law
Key Facts
- State Minimum wage
- State minimum wage is $7.25 per hour
- K.S.A. 12-16,130 Preempts
- K.S.A. 12-16,130 preempts local wage hikes
- Cities Cannot pass
- Cities cannot pass living wage ordinances
- Tipped wage Rules
- Tipped wage rules follow federal FLSA
Summary
Kansas prohibits cities and counties from setting a local minimum wage above the state and federal floor for private employers.
(a) No city, county or local government unit shall enact or administer any ordinance, resolution or law which requires an employer to: (1) Provide to such employer's employees any leave from work, either with or without pay, unless such leave is required by state or federal law; (2) pay compensation to such employer's employees for any leave from work unless payment of compensation for such leave is required by state or federal law; (3) pay compensation or wages at any rate higher than the minimum wage unless the payment of higher compensation or wages is required by state or federal law; (4) offer an employee benefit other than those required by state or federal law; or (5) alter or adjust any employee scheduling unless the alteration or adjustment is required by state or federal law.
Full Breakdown
K.S.A. 12-16,130 preempts local minimum wage regulation, requiring all private employers in Kansas to follow the state minimum wage of $7.25 per hour, which mirrors the federal floor under the Fair Labor Standards Act. No Kansas city or county may enact a higher local minimum wage, living wage ordinance, or wage floor for private sector workers. Public employers, public contracts, and certain prevailing wage situations may follow separate rules. Tipped employees follow the federal tipped minimum wage with required make-up to the standard rate.
Violations & Penalties
Local wage ordinances above the state minimum are unenforceable under K.S.A. 12-16,130.
Frequently Asked Questions
Can a Kansas city raise its minimum wage above $7.25?
Does Kansas preemption apply to public contracts?
Sources
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