Kansas Minimum Wage: Rate, Tipped Wage, and Local Rules

As of 2026, Kansas's state minimum wage is $7.25 per hour for covered, non-exempt employees, the same as the federal minimum wage under the Fair Labor Standards Act (FLSA). Kansas raised its rate from $2.65 to $7.25 effective January 1, 2010, to match the federal floor, and the Kansas figure has not changed since. Kansas's minimum wage is set by statute (the Kansas Minimum Wage and Maximum Hours Law, K.S.A. 44-1201 and following) and is not adjusted automatically for inflation, so it stays at $7.25 until the Legislature votes to change it. Because the state and federal rates are identical, almost every Kansas worker is entitled to at least $7.25 an hour. Before relying on any number, confirm the current rate with the Kansas Department of Labor, because rates can be amended at any legislative session.

How the Kansas minimum wage works

Two separate minimum wage laws can apply to a Kansas job: the federal FLSA and the Kansas Minimum Wage and Maximum Hours Law. The FLSA covers most employers engaged in interstate commerce or with at least $500,000 in annual sales, plus many individual employees who handle goods or communications that cross state lines. The Kansas law is designed mainly to cover the smaller pool of employers and workers who are not subject to the FLSA.

When both laws apply, the worker is entitled to whichever standard is more protective. Since Kansas and the federal government both set the floor at $7.25, the practical result is the same either way: covered employees must earn at least $7.25 for every hour worked. An employer cannot pay less by claiming it follows only the state law, because the state rate is not lower than the federal rate.

One important difference involves overtime. Under the FLSA, most non-exempt employees earn time-and-a-half for hours worked beyond 40 in a workweek. The Kansas state law, by contrast, requires overtime only after 46 hours in a week, and it applies only to employees who are not already covered by the FLSA. Most Kansas employees are covered by the FLSA, so the 40-hour federal overtime rule is what usually governs. The 46-hour Kansas rule matters mainly for the narrow set of workers who fall outside federal coverage.

Tipped employees and the tip credit

Kansas allows employers to count a portion of an employee's tips toward the minimum wage, a practice known as taking a tip credit. Under both the FLSA and Kansas law, a tipped employee can be paid a lower direct cash wage as long as tips make up the difference to reach $7.25 per hour.

  • Cash wage: The minimum direct cash wage for tipped employees is $2.13 per hour under federal law, and Kansas follows the same federal tip-credit framework.
  • Maximum tip credit: The employer may claim up to $5.12 per hour in tips ($7.25 minus $2.13) toward the minimum wage.
  • The guarantee: If an employee's tips plus the $2.13 cash wage do not add up to at least $7.25 for every hour in the pay period, the employer must pay the shortfall. The combined total can never legally fall below the full minimum wage.

A tipped employee generally means someone who customarily and regularly receives more than $30 a month in tips, such as servers, bartenders, and some delivery and hospitality workers. Employers must inform tipped staff before using the tip credit, and tips remain the property of the employee. Mandatory tip pooling is permitted only among employees who customarily receive tips; managers, supervisors, and owners may not keep employees' tips. Because tipped-wage rules are heavily governed by the FLSA, tipped workers in Kansas should treat federal Department of Labor guidance as the controlling source and verify any state-specific detail with the Kansas Department of Labor.

Scheduled increases and inflation indexing

Kansas does not index its minimum wage to inflation and has no statutory schedule of future increases. Unlike states such as Colorado or Washington that raise their rates annually using a cost-of-living formula, Kansas keeps the rate fixed at $7.25 until lawmakers pass a new figure. This means the Kansas minimum wage can only rise in one of two ways: the Kansas Legislature amends the state statute, or Congress raises the federal FLSA minimum (which would then apply to most Kansas workers regardless of the state number). As long as the federal rate stays at $7.25, that remains the effective floor across the state.

City and county minimum wages

Kansas law prohibits cities and counties from setting their own minimum wage. Under a state preemption statute (K.S.A. 12-16,130), local governments in Kansas may not require private employers to pay a minimum wage that differs from the state and federal standard, and they may not mandate certain other employment benefits such as leave. As a result, there are no local minimum wages in Wichita, Kansas City (Kansas), Topeka, Overland Park, or anywhere else in the state. The $7.25 rate applies uniformly statewide. Workers should not expect a higher city or county rate, because Kansas law forecloses one.

Common exceptions

Some workers may be paid under different rules:

  • Exempt employees: Bona fide executive, administrative, professional, and outside sales employees who meet the FLSA's duties and salary tests are not entitled to the minimum hourly wage in the same way.
  • Youth wage: Federal law permits a training wage of $4.25 per hour for employees under 20 during their first 90 consecutive calendar days of employment.
  • Certain occupations: The Kansas state law historically excludes some categories of workers; many of these are nonetheless covered by the FLSA, which is why federal coverage is usually the deciding factor.
  • Students and learners: Special certificates under federal law can authorize subminimum wages for full-time students or workers with disabilities in limited circumstances.

How to enforce your right to the minimum wage

If you believe you were paid less than $7.25 per hour, or that your tipped wage plus tips fell short, you have options:

  • File with the Kansas Department of Labor (KDOL): KDOL handles wage claims under the Kansas Wage Payment Act and can investigate unpaid wages.
  • File with the U.S. Department of Labor, Wage and Hour Division: Because most Kansas workers are FLSA-covered, the federal agency is often the appropriate place to pursue minimum-wage and overtime complaints.
  • Keep records: Save pay stubs, time records, and tip records. Detailed documentation strengthens any claim.
  • Act promptly: Wage claims are subject to time limits. The FLSA generally allows two years to file (three years for willful violations), so do not delay.

Retaliation against an employee for asserting wage rights is illegal under both federal and Kansas law.

Where to verify the current rate

Minimum wage figures can change when lawmakers act, so always confirm the current number before relying on it. The authoritative state source is the Kansas Department of Labor (KDOL), which publishes the state minimum wage and wage-payment rules. For federal coverage, overtime, and tipped-wage details, consult the U.S. Department of Labor, Wage and Hour Division. When the two differ, the more protective standard applies, and an employment attorney can help you sort out which law governs your specific job.

This page is based on Kansas employment law. Rules and figures change — verify the current details directly with the official Kansas sources below. This is general legal information, not legal advice.

Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Kansas state law.

Frequently asked questions

What is the minimum wage in Kansas in 2026?

As of 2026, Kansas's minimum wage is $7.25 per hour, the same as the federal FLSA rate. It has been $7.25 since January 1, 2010. Confirm the current figure with the Kansas Department of Labor before relying on it.

Is the Kansas minimum wage higher than the federal minimum wage?

No. Kansas's rate is $7.25 per hour, identical to the federal minimum wage of $7.25. Kansas does not set a higher state floor and does not index its wage to inflation.

How much can tipped employees be paid in Kansas?

Kansas follows the federal tip-credit framework. Tipped employees can be paid a direct cash wage as low as $2.13 per hour, but the employer must take a tip credit of no more than $5.12 so that cash wages plus tips reach at least $7.25 per hour. If tips fall short, the employer must make up the difference.

Can a Kansas city set its own higher minimum wage?

No. Kansas law (K.S.A. 12-16,130) preempts local minimum wage ordinances, so cities and counties such as Wichita, Topeka, and Kansas City, Kansas cannot require a different minimum wage. The $7.25 rate applies statewide.

Who do I contact if my employer pays less than minimum wage in Kansas?

You can file a wage claim with the Kansas Department of Labor or, because most Kansas employers are FLSA-covered, with the U.S. Department of Labor's Wage and Hour Division. Keep pay stubs and time records, and act within the applicable time limits.

This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.

Knowing your rights is the first step

Join thousands committing to calmly and consistently exercise their constitutional rights.

Take the Pledge