Kansas wage claims: how to get your unpaid pay

How to file a wage claim in Kansas

1. Gather your records

   Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

2. Ask in writing first (optional)

   A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

3. File with Kansas Department of Labor

   You can file a claim for unpaid wages with the Kansas Department of Labor (Secretary of Labor) on its official claim form (K.A.R. 49-21-1). KDOL investigates and first tries to settle the dispute; most cases end before a hearing. If you and your employer still disagree, a hearing officer decides whether the claim is valid and how much is owed, including penalties, and either side can seek court review (K.S.A. 44-322a). If the final decision finds a valid claim under $10,000, KDOL must, at your written request, take an assignment of the claim and enforce it for a fee of no more than $25 (K.S.A. 44-324(b)). You can also sue in court yourself (K.S.A. 44-324(a)).

Minimum wage and overtime in Kansas

Kansas' minimum wage is $7.25 an hour (K.S.A. 44-1203). The state law covers only jobs not covered by the federal law; most workers are covered by the federal $7.25 rate. No increase is scheduled.

Minimum wage (2026)

$7.25

Tipped cash wage

$2.13

Overtime

Most workers are covered by federal law: 1.5 times the regular rate after 40 hours in a workweek. For jobs not covered by federal law, Kansas law requires 1.5 times the regular rate only after 46 hours in a workweek (K.S.A. 44-1204). No daily overtime.

Paydays: At least once a month, on regular paydays set in advance. Each payday can cover a pay period that ended no more than 15 days earlier (K.S.A. 44-314(a), (h)).

Your final paycheck in Kansas

If you are fired or laid off

No later than the next regular payday on which you would have been paid if still employed. You can ask to get it by mail.

If you quit

Same: no later than the next regular payday.

Law

K.S.A. 44-315(a)

When was your final paycheck due in Kansas?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Penalties your employer may owe

If your employer willfully fails to pay on time, it owes the wages plus a penalty of 1% of the unpaid wages for each day (not counting Sundays and legal holidays) after the 8th day, up to 100% of the unpaid wages (K.S.A. 44-315(b)). If KDOL takes your claim and wins in court, the court awards KDOL attorney's fees (K.S.A. 44-324(c)).

Retaliation and immigration status

The Wage Payment Act itself has no anti-retaliation section, but the Kansas Supreme Court has held that you can sue for retaliatory discharge if you are fired for filing a wage claim (Campbell v. Husky Hogs, 292 Kan. 225 (2011), as annotated under K.S.A. 44-322a by the Kansas Revisor of Statutes).

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

The Kansas Supreme Court has held that the Kansas Wage Payment Act protects workers without legal immigration status, and that an employer can be penalized for willfully not paying them (Coma Corp. v. Kansas Dept. of Labor, 283 Kan. 625 (2007)).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Your employer may deduct from your wages only if the law requires it, for certain medical care without profit to the employer, for retirement auto-enrollment, or with your signed authorization for a lawful purpose that benefits you. Some deductions (loan repayment, overpayment, uniforms or merchandise you bought) need a signed written agreement (K.S.A. 44-319). Where state minimum wage law applies, a tipped worker's cash wage must be at least $2.13 an hour and wage plus tips must reach $7.25 (K.S.A. 44-1203(b)).

Good to know in Kansas

• A willfully late final paycheck can cost the employer up to double (1% per day, up to 100% extra) (K.S.A. 44-315(b)).
• KDOL must take over and enforce a valid claim under $10,000 if you ask in writing (K.S.A. 44-324(b)).
• For jobs not covered by federal law, Kansas overtime starts only after 46 hours a week (K.S.A. 44-1204).

Wage-theft calculator for Kansas

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

Questions about wage claims in Kansas

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