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State snapshot

Key considerations
Which issues would you most highlight to someone new to your state?

Generally, Kansas law tracks federal law where a federal law also governs the conduct at issue. Some municipalities have established additional discrimination laws, providing protection beyond that provided by state law. It is important for businesses in these municipalities to be aware of such additional protections. For example, Lawrence, Kansas defines an “unlawful employment practice” to include discrimination on the basis of sexual orientation, which is not a protected class under state law (e.g., Lawrence, Kan., Code § 10-109.1 (2013)).    

What do you consider unique to those doing business in your state?

Kansas has no employment laws that are unique to Kansas. Generally, Kansas law tracks federal law where a federal law also governs the conduct at issue. However, the Kansas Wage Payment Act does have some unique issues regarding payment of wages and allowable deductions that employers in Kansas should be familiar with.  

Is there any general advice you would give in the labor/employment area?

Kansas is an employer-friendly state for purposes of employment law. Over the past few years, the Kansas legislature has passed several pro-employer laws, including in the areas of wage payments, unemployment compensation, and workers’ compensation.    

Proposals for reform
Are there any noteworthy proposals for reform in your state?

The 2013 Kansas legislative session resulted in several sweeping changes to Kansas employment law. The legislature significantly amended the Kansas Workers’ Compensation Act, the Kansas Wage Payment Act, and the Kansas Security Law. Unlike in the 2013 legislative session, no widely applicable employment laws have been passed in the 2014 legislative session.    

Emerging issues
What are the emerging trends in employment law in your state, including the interplay with other areas of law, such as firearms legislation, legalization of marijuana and privacy?

The Kansas legislature frequently introduces bills aimed at deterring illegal immigration, similar to immigration reform laws passed in Arizona and Oklahoma. These bills have routinely failed to gain momentum, but continue to be introduced each year. 

In the 2014 legislative session, the Kansas House of Representatives passed a bill seeking to allow individuals and businesses with a sincerely held religious belief to refuse to provide services, accommodations, advantages, facilities, goods, privileges, employment, or employment benefits to certain individuals if the refusal was related to a belief regarding marriage, domestic partnerships, civil unions, and other similar arrangements. The bill found little support in the Senate, and did not pass.  

The employment relationship

State-specific laws
What state-specific laws govern the employment relationship?

Generally, Kansas laws mirror federal laws regarding the employment relationship. Specifically, Kansas has a Title VII equivalent in the Kansas Act Against Discrimination (Kan. Stat. Ann. § 44-1001).  

Who do these cover, including categories of workers?

Except for non-profit fraternal or social associations, all private and public employers employing four or more employees are subject to the requirements of the Kansas Act Against Discrimination (Kan. Stat. Ann. § 44-1001). The act protects employees from discrimination on the basis of race, color, religion, national origin or ancestry, sex, age, and disability. Additionally, any policy or practice that excludes applicants or employees because of pregnancy is prohibited (Kan. Admin. Regs. § 21-32-4).  

Misclassification
Are there state-specific rules regarding employee/contractor misclassification?

Beyond the federal implications for misclassifying employees under the Fair Labor Standards Act, employee classification is relevant on the state level for workers’ compensation and unemployment compensation. Regarding workers’ compensation and unemployment benefits, there is no hard and fast rule whether an individual is an independent contractor or employee, as this determination is based on the facts and circumstances of the particular case. One significant factor is whether the employer has a right to control the manner in which work is carried out. Thus, it is not the exercise of direction, supervision, or control over a worker that determines whether he or she is an employee or an independent contractor, but the right to exercise such direction, supervision, or control. However, an employer may be a “statutory employer” for certain purposes (Kan. Stat. Ann. §§ 44-501; 44-703).   

Contracts
Must an employment contract be in writing?

Not necessarily. Kansas courts recognize claims for breach of an implied contract. The implied contract may be based on an employee handbook, oral promises, or established policies that signal the employer’s intent to create an enforceable employment agreement. Employers should use clear disclaimers and state that employment is at will to avoid implied contract disputes. 

Are any terms implied into employment contracts?

Generally, Kansas courts embrace the freedom of parties to contract. However, as with other contracts, Kansas courts recognize an implied duty of good faith and fair dealing in employment contracts where the employment is not an at-will relationship. Where the employment is at will, there is no duty of good faith and fair dealing (Estate of Draper v. Bank of Am., N.A., 288 Kan. 510, 525, 205 P.3d 698, 710 (2009)).

Are mandatory arbitration agreements enforceable?

Generally, mandatory arbitration agreements are enforceable. Kansas courts typically seek to uphold arbitration agreements even where the contract provisions may be uncertain or indefinite (City of Lenexa v. C.L. Fairley Constr., Co., 245 Kan. 316, 319, 777 P.2d 851 (1989)).  

How can employers make changes to existing employment agreements?

Employers are free to update employee handbooks, policies and procedures, or other employment agreements at any time, and must give employees notice of the changes. If an employer wishes to make a change to a written employment agreement, the employer can draft an amendment to the existing agreement. However, employers should be aware that because Kansas courts recognize implied contracts, an oral statement may form the basis of a modification to an existing written contract.  

Hiring

Advertising
What are the requirements relating to advertising open positions?

No state-specific regulations related to advertising for open positions exist. The Kansas Human Rights Commission generally advises that advertisements state that the employer is an “equal opportunity employer” and that all qualified applicants are encouraged to apply, regardless of race, color, religion, national origin or ancestry, sex, disability, or age (18 years of age or older).

Background checks
What can employers do with regard to background checks and inquiries?

(a)Criminal records and arrests

Employers may require job applicants to sign a release granting the employer access to the applicant’s criminal history record information—including arrests and convictions—if done to determine the applicant’s fitness for employment. Employers are not liable for employment decisions based on knowledge or information contained in the applicant’s criminal history record if the information that led to the employment decision reasonably bears upon the applicant’s trustworthiness or the safety or wellbeing of employees or customers. These rules apply equally to decisions regarding independent contractors (Kan. Stat. Ann. § 22-4710). 

(b)Medical history

Kansas prohibits employers with four or more employees from seeking to obtain, obtaining, or using genetic screening or testing information of an employee or prospective employee to distinguish between, discriminate against, or restrict any right or benefit otherwise available to an employee or prospective employee. Kansas also prohibits subjecting employees or prospective employees to any genetic screening or test (Kan. Stat. Ann. § 44-1009). Employers may ask applicants to review the job description and ask whether they can perform the job with or without an accommodation, but should not generally inquire into the applicant’s medical history.

(c)Drug screening

Employers may require applicants for safety-sensitive jobs in state government to submit to drug and alcohol testing, but only after a conditional job offer has been made. Test results must be kept confidential. Any advertisements for the safety-sensitive position must include a notice of such testing (Kan. Stat. Ann. § 75-4362). There are no state-specific laws restricting private employers from drug screening applicants.  

(d)Credit checks

Employers may use private investigative agencies to obtain information on applicants for employment purposes. If an applicant is reasonably expected to receive a yearly salary of $20,000 or more, the investigative consumer report may not include:

  • information related to bankruptcies that occurred more than 14 years before the check;
  • information related to suits, judgments, tax liens, or accounts placed for collection; or
  • criminal records more than seven years old.

Employers obtaining investigative consumer reports must clearly and accurately disclose this fact to the subject of the report. This disclosure must be in writing and delivered to the individual no later than three days after the report was requested. Where the subject of the investigation has requested additional information regarding the report, such additional information must be provided no later than five days after the request (Kan. Stat. Ann. § 50-701 et seq.).

(e)Immigration status

Employers that knowingly employ an illegal alien are guilty of a class C misdemeanor (Kan. Stat. Ann. § 21-6509). Employers may refuse to employ a person that has failed to fulfill requirements imposed in the interest of federal or state security pursuant to state or federal law (Kan. Admin. Regs. § 21-31-4). 

(f)Social media

Kansas has no state law on protecting social media passwords in the employment context or on employer monitoring of employee social media accounts. General rules regarding common law privacy serve as the current guidelines.

(g)Other

Not applicable.

Wage and hour

Pay
What are the main sources of wage and hour laws in your state?

The main sources of Kansas wage and hour laws include the Minimum Wage and Maximum Hours Law (Kan. Stat. Ann. § 44-1201, et seq.) and the Kansas Wage Payment Act (Kan. Stat. Ann. § 44-312, et seq.).

What is the minimum hourly wage?

If an employer is subject to the Fair Labor Standards Act, then the act controls and the minimum wage is $7.25 per hour (29 U.S.C. §206(a)). If an employer is not subject to the Fair Labor Standards Act, then under Kansas minimum wage laws, the minimum hourly wage for employees is either $7.25 or—if the employee customarily receives tips or gratuities (and these tips total at least $20 per month)—$2.13, plus any amount necessary to bring the total, post-tip wage to $7.25 per hour (Kan. Stat. Ann. § 44-1203). By statute, Kansas municipalities and counties are forbidden by from raising the minimum wage beyond the state or federal minimum wage (Kan. Stat. Ann. §12-16,130(a)(3).

If an employer is not subject to the Fair Labor Standards Act and receives a permit from the secretary of human resources, it may hire an employee with a disability or an employee who is a patient at a state institution or hospital at a rate of 85% of the $7.25 per hour minimum wage. An employer may also hire a learner or apprentice at a rate of:

  • 80% of the $7.25 per hour minimum wage for the first month;
  • 90% of the $7.25 per hour minimum wage for the second month; and
  • 100% of the $7.25 per hour minimum wage for the third month and every month thereafter (Kan. Admin. Regs. § 49-31-5).

What are the rules applicable to final pay and deductions from wages?

(a) Final pay

After an employee quits, resigns, or is discharged, the employer must pay the employee’s earned wages on or before the next regular payday (Kan. Stat. Ann. § 44-315). An employer must make this final payment either:

  • by the regularly used method; or
  • by mail (postmarked no later than the next regular payday) if the employee requests payment by mail (Kan. Stat. Ann. § 44-315).

(b) Deductions from wages

Employers may withhold, deduct, or divert from an employee’s wages if:

  • required or empowered to do so by state or federal law;
  • the deductions are for medical, surgical, or hospital care or service, without financial benefit to the employer;
  • the employer has a signed authorization from the employee for deductions for a lawful purpose accruing to the benefit of the employee; or
  • the deductions are for contributions attributable to automatic enrollment in a retirement plan (Kan. Stat. Ann. § 44-319(a)).

Pursuant to a signed written agreement between the employer and employee, employers may withhold, deduct, or divert from an employee’s ordinary wages in order to:

  • allow the employee to repay the employer for loans or advances that the employer made to the employee during the course of, and within the scope of, employment;
  • allow the employer to recover payroll overpayment; and
  • compensate the employer for either replacement costs or unpaid balances due on employer merchandise or uniforms that the employee purchased (Kan. Stat. Ann. § 44-319(b)).

After providing written notice and explanation to employees, employers may withhold, deduct, or divert from an employee’s final wages in order to:

  • recover property provided to the employee in the course of business (e.g., tools of the trade or profession, personal safety equipment, computers, electronic devices, mobile phones, proprietary information such as client or customer lists and intellectual property, security information, keys or access cards, or materials); however, once the property has been returned to the employer, the withheld wages must be relinquished to the employee;
  • allow the employee to repay the employer for loans or advances that the employer made to the employee during the course of, and within the scope of, employment;
  • allow the employer to recover payroll overpayment; and
  • compensate the employer for either replacement costs or unpaid balances due on employer merchandise, uniforms, company property, equipment, tools of the trade, or other materials intentionally purchased by the employee (Kan. Stat. Ann. § 44-319(c)).

Employers may not withhold, deduct, or divert from an employee’s wages any amount that would reduce the employee’s wages below the applicable minimum wage or that would be deducted for a reason other than one of the permissible reasons listed above (Kan. Stat. Ann. § 44-319(a) (e)). 

Hours and overtime
What are the requirements for meal and rest breaks?

Kansas has no specific requirements for either meal or rest breaks.

What are the maximum hour rules?

If an employer is subject to the Fair Labor Standards Act, then the act controls. If an employer is not subject to the Fair Labor Standards Act, then under Kansas maximum hours laws, an employer may not engage an employee for more than 46 hours per week, unless that employer pays time-and-a-half the employee’s regular wages for any hours worked in excess of 46 hours per week (Kan. Stat. Ann. § 44-1204(a)).

How should overtime be calculated?

An employee will receive overtime at time-and-a-half after working more than 46 hours in a working week. In other words, overtime wages must be a minimum of one-and-a-half times (or 150% of) the amount of an employee’s regular hourly pay (Kan. Stat. Ann. § 44-1204(e)). There is no daily overtime requirement.

What exemptions are there from overtime?

Kansas overtime laws exempt motor vehicle salespersons and inmates (Kan. Stat. Ann. § 44-1204(c)). Additionally, different rules apply to:

  • certain employers of emergency medical services attendants;
  • individuals engaged in fire protection or law enforcement; and
  • security personnel at correction facilities.
  • Instead of the 46 hours per week threshold, employers must pay these individuals time-and-a-half for any hours worked in excess of 258 hours within a period of 28 consecutive days. In the case of work tours of more than seven but fewer than 28 consecutive days, employers must calculate the overtime point in proportion to the 258 hour/28 day ratio (Kan. Stat. Ann. § 44-1204(b)).

Record keeping
What payroll and payment records must be maintained?

If an employer is not subject to the Fair Labor Standards Act, then pursuant to the Kansas Minimum Wage and Maximum Hours Law, that employer must keep in its records:

  • employee names;
  • employee occupations;
  • employee pay rates;
  • amounts actually paid to each employee for each pay period;
  • hours actually worked by each employee during each day and each week;
  • start dates and hours of each working week or working period for each employee;
  • pay dates;
  • all wage payments—including any credits or deductions involved in wage computation—for each pay period;
  • employee tips or gratuities, if claimed for credit toward compensation; and
  • any seniority, merit, production, or other differential-based system used to compute differing wage payments for similarly situated employees (Kan. Stat. Ann. § 44-1209; Kan. Admin. Regs. § 49-31-7).

Employers must keep these records for a minimum of three years and must keep them on or about the employment premises. Employers must open these records for the secretary of human services at any reasonable time (Kan. Stat. Ann. § 44-1209).

Discrimination, harassment and family leave

What is the state law in relation to:
Protected categories

(a) Age?
Employees age 40 and older are protected from discrimination based on age. Employers may not discharge, refuse to hire, or otherwise discriminate based on age. This applies to all employers, both public and private, that have four or more employees (Kan. Stat. Ann. § 44-1111 et seq.).  

(b) Race?
Race is a protected category under Kansas law. With the exception of non-profit fraternal and social associations, employers with four or more employees must refrain from racial discrimination. Employers may not discharge, refuse to hire, or otherwise discriminate on the basis of race (Kan. Stat. Ann. § 44-1001 et seq.). 

(c) Disability?
Employers may not discriminate on the basis of disability. Excluding non-profit fraternal and social associations, this prohibition applies to all employers with four or more employees. Employers may not discharge, refuse to hire, or otherwise discriminate on the basis of disability and must provide reasonable accommodations to disabled employees (Kan. Stat. Ann. § 44-1001 et seq.).

(d) Gender?
Employers may not discriminate based on gender. With the exception of non-profit fraternal and social associations, employers with four or more employees must refrain from gender discrimination. Employers may not discharge, refuse to hire, or otherwise discriminate on the basis of gender (Kan. Stat. Ann. § 44-1001 et seq.).

(e) Sexual orientation?
Generally, sexual orientation is not a protected class under Kansas law. Kansas law protects employees from discrimination with regard to sexual orientation only in the context of certain Department of Motor Vehicle hires (Kan. Admin. Regs. § 92-52-15(c)). Some municipalities, however, have classified sexual orientation as a protected class and prohibited discrimination based on sexual orientation (e.g., Lawrence, Kan., Code § 10-109.1 (2013)).    

(f) Religion?
Employees are protected from discrimination based on religion. With the exception of non-profit fraternal and social associations, employers with four or more employees must refrain from religious discrimination. Employers may not discharge, refuse to hire, or otherwise discriminate on the basis of religion (Kan. Stat. Ann. § 44-1001 et seq.).

(g) Medical?
An employer may not discriminate against applicants or employees because of pregnancy (Kan. Admin. Regs. § 21-32-6(a)). Excluding non-profit fraternal and social associations, this applies to all employers with four or more employees. Discrimination based on an employee’s genetic screening or testing information is also prohibited. An employer may not use such genetic information to restrict any benefit for which the employee would have otherwise been eligible. Excluding non-profit fraternal and social associations, this applies to all employers with four or more employees (Kan. Stat. Ann. § 44-1009).  

(h) Other?
Marital status—discrimination on the basis of gender also prohibits discrimination on the basis of marital status and discrimination against unmarried mothers (Kan. Admin. Regs. § 21-32-4(a)). During the screening process, employers cannot inquire into the number or age of a woman’s children, how she plans to provide for childcare, or other similar questions. Excluding non-profit fraternal and social associations, this applies to all employers with four or more employees.
Military—employers may not discriminate against an employee based on the employee’s status as a member of the military. This prohibition extends to members of:

  • the armed forces;
  • the National Guard (on active duty); or
  • an active reserve unit in the armed forces or the National Guard.

Military personnel are protected from discrimination in decisions related to hiring, termination, and the service member’s position or status with the employer. Additionally, an employer cannot discharge a military member because of his or her performance of military duty. This applies to all employers (Kan. Stat. Ann. § 44-1125, -1126). 

Union membership—employers may not discriminate based on the union or non-union membership of an employee. This applies to all employers. An employer may not discharge an employee or refuse to hire him or her because of union or non-union membership (Kan. Const. Art. 15, § 12). 
Height—no state or political subdivision may discriminate in the hiring or employment of a person based on that person’s height. An exception exists for the employment of firefighters, law enforcement, and security officers. In those positions only, a five-foot, two-inch minimum height restriction is allowed (Kan. Stat. Ann. § 44-1110).  

Harassment
What is the state law in relation to harassment?

Kansas law prohibits harassment to the extent that it qualifies as discrimination based on one of the above-mentioned protected categories (Kan. Stat. Ann. §§ 44-1009).  

Family and medical leave
What is the state law in relation to family and medical leave?

(a) State government employees

State government employees are entitled to request unpaid leave for the following reasons:

  • illness;
  • disability;
  • pregnancy,
  • birth of a child;
  • abortion;
  • miscarriage;
  • adoption of a child;
  • placement of a foster child;
  • to care for a family member with a serious health condition; or
  • other sufficient reasons (Kan. Admin. Regs. § 1-9-6).

Newly hired, non-permanent employees are limited to 60 days of unpaid leave, while permanent employees are limited to one year of unpaid leave.

(b) Maternity leave

A reasonable period of leave must be provided for purposes of childbearing. The employee must be reinstated to her position or a similar one when she returns. She does not lose seniority and is entitled to all of the benefits and pay to which she was entitled before her absence (Kan. Admin. Regs. § 21-32-6). 

(c) Small necessities leave

Small necessities leave is available for victims of domestic violence. An employer may not discharge, discriminate in any manner, or retaliate against an employee who is a victim of domestic violence or sexual assault and takes time off from work to obtain relief. The employee can take time off from work in order to:

  • obtain restraining orders;
  • seek medical attention;
  • seek help from a domestic violence program;
  • make court appearances; or
  • seek injunctive relief.

The employee must provide documentation and, where possible, give reasonable advance notice. The employee may use accrued paid leave or, if paid leave is unavailable, up to eight days of unpaid leave (Kan. Stat. Ann. § 44-1132).  

Privacy in the workplace

Privacy and monitoring
What are employees’ rights with regard to privacy and monitoring?

Kansas law governing eavesdropping and breaches of privacy regulates conduct within the realm of employee monitoring. Kansas also recognizes a common law right to privacy that exists beyond any statutory provisions (Kan. Stat. Ann. § 21-6101; Froelich v. Werbin, 219 Kan. 461, 548 P.2d 482 (1976); and State v. Roudybush, 235 Kan. 834, 686 P.2d 100 (1984)). In general, employees have little, if any, reasonable expectation of privacy with respect to their offices, desks, file cabinets, and work areas. They may have a greater expectation of privacy with respect to locker rooms, restrooms, lounge areas, and purses. In many cases, employers can remove an employee’s expectation of privacy by putting employees on notice of surveillance and monitoring (e.g., email and internet usage monitoring). 

Are there state rules protecting social media passwords in the employment context and/or on employer monitoring of employee social media accounts?

Kansas has no state law on protecting social media passwords in the employment context or on employer monitoring of employee social media accounts. The state’s general rules regarding common law privacy serve as the current guidelines. 

Bring your own device
What is the latest position in relation to bring your own device?

There are no Kansas-specific laws that regulate an employer’s ability to initiate a bring your own device (BYOD) policy. Employers can benefit from allowing employees to bring their own laptops, cellphones, and tablets into the workplace and connect to the employer’s network, but such an approach is not without drawbacks. A BYOD policy can result in significant cost savings to an employer and allow for 24/7 access and easier telecommuting; however, it can be more difficult to maintain adequate security. A BYOD policy may also place additional strain on an employer’s network infrastructure and employers will need to consider whether their existing systems are sufficient to handle the increased load. Finally, employers that choose to adopt a BYOD policy must ensure that their privacy and electronic use policies address this option. 

Off-duty
To what extent can employers regulate off-duty conduct?

Employers have less leeway in regulating an employee’s off-duty conduct. When an employer monitors employees beyond normal working hours, the intrusion becomes less objectively reasonable, possibly allowing employees to assert common law privacy claims. However, employers can restrict some off-duty conduct, specifically when it impacts job performance. For example, a moonlighting policy which restricts off-duty conduct that may affect the employee’s job performance or expose confidential information would be a permissible regulation of an employee’s off-duty conduct.  

Gun rights
Are there state rules protecting gun rights in the employment context?

Private employers may prohibit employees from carrying a concealed weapon while on the employer’s business premises or while engaging in employment duties; however, licensed employees are permitted to store their firearms in their vehicles while at work, even if their vehicles are parked on the employer’s property (Kan. Stat. Ann. 75-7c01 et seq.). Additionally, municipalities are prohibited from requiring employees to disclose whether they possess a valid license to carry a concealed handgun and cannot take any adverse action against an employee who refuses to disclose whether he or she possesses a valid license to carry a concealed handgun.  

Trade secrets and restrictive covenants

Intellectual Property
Who owns IP rights created by employees during the course of their employment?

The individual who creates the intellectual property is generally the owner of the IP rights associated with the creation. However, Kansas law allows employers to prospectively contract for the rights to all intellectual property created by employees during the course of employment. Ideally, these agreements should be executed at the time of hire. Such agreements are generally upheld under Kansas law. An agreement, however, will not be upheld if the employee:

  • used no employer equipment, supplies, facilities, or trade secret information; and
  • developed the creation entirely on his or her own time, unless the invention:
    • relates to the employer’s business or the employer’s actual or demonstrably anticipated research or development; or
    • results from any work performed by other employees of the employer (Kan. Stat. Ann. § 44-130).  

Restrictive covenants
What types of restrictive covenants are recognized and enforceable?

Kansas generally allows non-compete agreements between employers and employees, assuming that they satisfy the general requirements for a contract, including offer, acceptance, and consideration. All restrictive covenants or non-compete agreements must be ancillary to a valid contract. Kansas has no strict limitations on time or geographic scope, but adheres to the doctrine of reasonableness. When determining the enforceability of a restrictive covenant, Kansas courts will balance the interests of the employer with those of the employee. In particular, courts often consider the following questions:

  • Does the non-compete protect a legitimate business interest of the employer (the two primary interests are customer contacts and trade secrets)?
  • Does it impose an undue burden on the employee?
  • Does it injure the public welfare?
  • Are the restrictions on time and scope reasonable?

Non-compete
Are there any special rules on non-competes for particular classes of employee?

No Kansas statute governs the application of non-competes; therefore, there are no specific classes of employees that are subject to special rules. However, employers should be aware of professional organization requirements and related rules that may similarly affect employment and non-compete agreements. For example, certified public accountants and attorneys have regulations regarding the payment of commissions and referral fees as set forth by the Kansas Board of Accountancy Code of Professional Conduct and Kansas Rules of Professional Conduct. Additionally, covenants regarding physicians should be evaluated under the American Medical Association Council opinion, which provides that restrictive covenants “are unethical if they are excessive in geographic scope and duration in the circumstances presented, or if they fail to make reasonable accommodation of patients' choice of physician.” 

Labor relations

Right to work
Is the state a “right to work” state?

Kansas is a right to work state (Kan. Const. art. XV, § 12). 

Unions and layoffs
Is the state (or a particular area) known to be heavily unionized?

Kansas is not known to be a heavily unionized state.  

What rules apply to layoffs? Are there particular rules for plant closures/mass layoffs?

No Kansas laws impose requirements on private employers before a layoff or plant closure. Before the state may close, eliminate, or cease operations at a government facility, certain notices must be provided to employees. The secretary of administration must provide all state officers and employees with a global notice of layoff up to 180 days before the closure, abolition, or cessation of operations. Each officer and employee receiving the global notice of layoff must also be provided an individual notice which specifies that individual’s layoff date (Kan. Stat. Ann. §§ 75-4370, 2948).  

Discipline and termination

State procedures
Are there state-specific laws on the procedures employers must follow with regard to discipline and grievance procedures?

There are no Kansas-specific laws regarding discipline or grievance procedures that apply to all employers. Public employers, in some circumstances, must provide procedures before taking action against a public employee. These procedures generally require:

  • notice of a proposed action;
  • an opportunity to be heard before the action; and
  • an opportunity to appeal the action (e.g., Kan. Stat. Ann. § 75-2949 (applying to dismissal, demotion or suspension of permanent civil service employees); Kan. Stat. Ann. § 72-5438 (qualifying teachers must be provided due process hearing prior to non-renewal of teaching contract)).   

At-will or notice
At-will status and/or notice period?

Kansas is an at-will employment state. Employment “at will” means that without an employment contract—whether express or implied—either party may terminate the employment relationship at any time and for any reason that is not unlawful or against a clearly stated Kansas public policy. This is true for both public and private employment (Kan. Const. art. XV, § 2; Palmer v. Brown, 242 Kan. 893, 752 P.2d 685 (1988); Murphy v. Topeka-Shawnee Cnty. Dep’t of Labor Servs., 6 Kan. App. 2d 488, 630 P.2d 186 (Kan. Ct. App. 1981)).      

What restrictions apply to the above?

Although Kansas is an employment at-will state, there are statutory and common law exceptions. Employees may not be discharged in retaliation for:

  • filing a complaint;
  • participating in a proceeding; or
  • otherwise cooperating in the bringing of an action under wage and hours laws (Kan. Stat. Ann. § 44-1210).

Employees may not be discharged in retaliation for good-faith reporting of actual or alleged violations of health and safety laws or regulations (Kan. Stat. Ann. § 44-636). Employees are protected from retaliation for opposing any practices prohibited by the Kansas Act Against Discrimination (Kan. Stat. Ann. § 44-1009). 

Kansas courts recognize the common law tort of retaliatory discharge where an employee is terminated for exercising a right protected by the state’s public policy, as clearly declared by the Kansas legislature or Kansas courts (Connelly v. State, 271 Kan. 944, 26 P.3d 1246 (2002); Hysten v. Burlington N. Santa Fe Ry. Co., 277 Kan. 551, 108 P.3d 437 (2007)). The Kansas Supreme Court has recognized that a clearly declared public policy exists to prohibit employers from discharging employees that have:

  • filed a claim under the Kansas Workers’ Compensation Act;
  • engaged in whistleblowing;
  • filed a claim under the Federal Employers Liability Act;
  • exercised a public employee’s First Amendment right to free speech on an issue of public concern; or
  • filed a claim under the Kansas Wage Payment Act (Campbell v. Husky Hogs, LLC, 292 Kan. 225, 255 P.3d 1 (2011)).     

Final paychecks
Are there state-specific rules on when final paychecks are due after termination?

After an employee quits, resigns, or is discharged, the employer must pay the employee’s earned wages on or before the next regular payday (Kan. Stat. Ann. § 44-315). An employer must make this final payment either:

  • by the regularly used method; or
  • by mail (postmarked no later than the next regular payday) if the employee requests payment by mail (Kan. Stat. Ann. § 44-315).