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Kansas Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Kansas on
Q: Can a employer keep pay from an employee for stay in a house they own or for bills
T. Augustus Claus
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answered on Jan 2, 2024

Under Kansas employment law, an employer is generally not allowed to deduct an employee's pay for housing or utility bills. Wages earned by an employee are protected, and deductions can only be made for specific reasons outlined by state and federal laws, such as taxes, Social Security, or... View More

1 Answer | Asked in Employment Law for Kansas on
Q: Can a manager write up an employee for asking questions?

I work in a gas station in ks, my direct manager is the 'assistant manager' and then the next up the chain is my manager. I was told when I started that I should contact my manager if I could not get ahold of my assistant manager then after doing so in an emergency I was later told that I... View More

James L. Arrasmith
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answered on Dec 25, 2023

No, it generally isn't reasonable for a manager to write up an employee solely for asking questions related to their job duties or in cases of emergency. In a workplace, communication is essential, and employees often need to seek clarification or guidance from their superiors, including... View More

1 Answer | Asked in Employment Law for Kansas on
Q: I gave my job my notice that i was leaving, a month later they 'requested' i change that date to two months sooner.

I have, in writing, my letter of resignation stating my last day would be 12/22/23. Two weeks ago my employer 'requested' that I change my last day to 11/3/23 putting an incredible financial hardship on me. Are they able to do this? Their language of 'request' was curious to me.

T. Augustus Claus
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answered on Oct 2, 2023

If you have an employment contract that specifies the terms of your notice period, your employer generally cannot unilaterally change the date. If you're an at-will employee, the employer can technically let you go at any time, but changing the date after accepting your notice may be... View More

1 Answer | Asked in Employment Law for Kansas on
Q: My employer is requiring me to travel for a conference. What travel time should be paid?

I will be traveling from KS to FL. It will be approximately 12-15 hours of travel time in 48 hours, in addition to an 8 hour conference. This is a required event. The first half of the trip will be during work hours, the second half after the conference will not be. How much of this travel time, if... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Well, in THEORY, the travel time is working time and your are entitled to be paid for it. In practice, the best thing for you to do is to discuss this with your employer beforehand and have an agreement as to how much you will be paid. Consider, how much would you have been paid if you were... View More

1 Answer | Asked in Employment Law for Kansas on
Q: Can an employer require you to stay in the building when you are clocked out for your 30 minute break?

I work for an assisted living facility when there legally must be 5 staff in the building at all times. They are mandating a 30 minute break but since they're not staffing enough employees we are not allowed to leave the building when we take our required 30 minute break. Is this legal? I was... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 16, 2022

As long as you are completely relieved from any work duties during your 30-minute break, your employer can require you to remain in the building. If, however, your employer requires you to stay in the building because your break is frequently interrupted by performing work if needed, then you... View More

1 Answer | Asked in Employment Law and Social Security for Kansas on
Q: My husband was just awarded SSD benefits. Now, the company that was paying his LTD wants all their money back.

SSD - Social Security Disability, LTD - Long Term Disability. Is it legal for MetLife to make him pay back their money? This was insurance that he was paying for out of his paychecks, from his former employer.

Elizabeth Fowler Lunn
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answered on Dec 9, 2022

Most LTD policies contain an offset provision for Social Security benefits.

Before you receive your SSDI benefits, the LTD company is paying the full benefit amount. If SSA then awards backpay for months that you were already getting the full payment amount for LTD, you generally owe them...
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1 Answer | Asked in Employment Law and Personal Injury for Kansas on
Q: My wife had a stroke at work and no one called 911 or called me to advise there was a problem communicating with her.

Her stroke is severe. Affected mentally.

T. Augustus Claus
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answered on Jan 4, 2024

In situations where an employee experiences a medical emergency at work, employers are generally expected to take prompt and appropriate action. Failure to call for emergency medical assistance or notify family members could potentially be considered a violation of duty of care or negligence.

1 Answer | Asked in Business Law, Employment Law, Contracts and Arbitration / Mediation Law for Kansas on
Q: Employer publicly stated "taking c/o my employees emotionally and financially was my priority", but never did, estoppel?

If this statement was made, and publicly recorded in print, that "taking care" of injured employees financially was my biggest priority ", does that statement become a valid promise or contract with the employee to receive the help he needed? Can the employee seek to have those... View More

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2023

A Kansas employment law could advise, but your question remains open for a week, and it includes the Arbitration/Mediation category. Until you're able to consult with a local attorney, as a general matter, that is a somewhat vague statement. It is not exact in terms of exactly what it means,... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Kansas on
Q: i recently quit a job and im afraid they are going to hold my check because they are trying to accuse me of stealing...

money from them but have absolutely no proof.

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 4, 2022

The Kansas Department of Labor enforces wage and hour laws in Kansas. Generally speaking, an employer cannot withhold wages for a purpose other than tax, Social Security, and Medicare withholdings or a garnishment pursuant to a court-ordered judgment without an agreement with the employee.... View More

1 Answer | Asked in Employment Law for Kansas on
Q: Should I recieve my salary while not working for 6 to 8 weeks due to sickness. I am a salary exempt employee.

I have had open heart surgery which has me out of work for 6 to 8 weeks. I have completed FMLA forms. Being a salary exempt employee should I continue to recieve my salary and benefits. I have exhausted all personal time, vacation and sick leave as well. Employer is trying to treat me as an hourly... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 7, 2022

If you miss one or more full work days, your employer can deduct this time from your pay as a salaried employee. However, your employer cannot deduct less than one full day from your pay, meaning if you work any part of a workday, you must be paid for the full day.

1 Answer | Asked in Contracts and Employment Law for Kansas on
Q: Unpaid commission.

I negotiated a new contract for my commission and it was effective immediately last month. The commission is paid this month. In the contract is states I will be paid gross parts and labor sales, however, I have only been paid gross profit on parts and labor. The contract states paid parts and... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 10, 2021

This issue sounds like a difference of interpretation in the language between you and your employer. You should contact a Kansas employment attorney to take a look at the specific language in your agreement.

1 Answer | Asked in Employment Law for Kansas on
Q: Can a supervisor take hours from you while you're on the clock
Kyle Anderson
Kyle Anderson
answered on Jun 17, 2021

Hello, more information is needed here. Are you paid hourly? The employer is required to pay you at least the minimum wage for all hours worked, and at a rate of one and one-half times your regular hourly rate for hours worked over 40. There may be an issue here if they are deducting hours in weeks... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Kansas on
Q: My employer fired me out of retaliation and disability discrimination, can I win without exact dates of incidents?

I was fired in retaliation. My manager made my work environment hostile and uncomfortable. Every time I tried to talk to her to see what I could to improve things, I found myself being written up not to long after for attendance. I told her that I had depression and anxiety from day one. and that... View More

Kyle Anderson
Kyle Anderson
answered on Jan 14, 2021

Hi, more information is needed here. Your depression and ADHD may qualify as a disability under the Americans with Disabilities Act. It would be unlawful for your employer to discriminate against you on the basis of your disability (if it qualifies) or terminate you in retaliation requesting an... View More

3 Answers | Asked in Civil Litigation, Employment Discrimination and Employment Law for Kansas on
Q: Employment and Covid related laws in the state of Missouri

It was within my 90 days probationary so I’m probably screwed but there was a number of days that I was out due to either quarantine order and childcare being closed due to Covid and I am I was told the entire time that nothing Covid related would count against me I was reassured and then they... View More

Kyle Anderson
Kyle Anderson
answered on Dec 31, 2020

Does your employer have less than 500 employees? The Families First Coronavirus Response Act requires employers with less than 500 employees to provide to all employees two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because... View More

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1 Answer | Asked in Employment Law for Kansas on
Q: Does an employer have to disclose why you failed a background check?? And is there a protocall they have to follow?

Employee was already hired. Fired them without giving any info except he failed background check..

Kyle Anderson
Kyle Anderson
answered on Dec 3, 2020

Hi, more information is needed here but it sounds like a law known as the Fair Credit Reporting Act "FCRA" is implicated here. Under the FCRA, an employer is required to provide the employee a copy of his background check (or "consumer report") and a summary of the... View More

1 Answer | Asked in Employment Law for Kansas on
Q: My boss fired me on payday and did not pay me for the last 3 weeks I worked. What can I do?

I have most of my recent stubs and wittnedss.

Kyle Anderson
Kyle Anderson
answered on Jun 26, 2020

Hi, an employer is required by federal law to pay you minimum wage for all hours worked. The employer is also required to pay you at an overtime premium rate of one and a half times your normal hourly rate for all hours worked over 40 in a work week. If you haven't been paid minimum wage... View More

1 Answer | Asked in Employment Law for Kansas on
Q: Is suspicion of drug use enough to legally be terminated?

I was not offered a drug test or any chance to defend myself, I was simply walked out of the building and that’s the last I had heard of it. This is all based solely on hearsay, no evidence or investigation at all. Just wondering if there’s any legal action I can take. Thanks!

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 17, 2020

Generally, in at-will employment states, employers may fire their employees for any reason or for no reason at all and need not provide you any opportunity to tell your side of the story. However, you may have a claim under the Americans with Disabilities Act ("ADA") here. But whether you... View More

1 Answer | Asked in Employment Law for Kansas on
Q: Does my employer owe me back pay? And are they taking advantage of “salary” status incorrectly?

I get paid a base “salary” (my pay checks say salary) of $545 a week. (After tax it amounts to about $450) I work 50 hours a week, no lunch. And don’t get overtime due to the “salary”, however if I miss a day, I am docked over $100 per day missed in that week. Can they do that? Also as of... View More

Kyle Anderson
Kyle Anderson
answered on Apr 8, 2020

I would reach out to an employment law attorney in your state for a consultation. In 2020, the Fair Labor Standards Act changed and required employers to pay employees a salary of at least $684 per week. In some circumstances, employers can deduct from your salary for a full day of work that was... View More

1 Answer | Asked in Employment Law for Kansas on
Q: I am a salaried employee. Can an employer require me to stay on their property to sleep without paying me for it?

I work in an agency that provides services to individuals with developmental disabilities. One of the positions I supervise requires the staff to sleep in the house off the clock. Usually the person who works this position is an hourly employee. If I can not find someone to work an opening I am... View More

Kyle Anderson
Kyle Anderson
answered on Mar 4, 2020

More information is required for a full analysis of your situation, thus, I would recommend reaching out to an employment law attorney in your state. However, the employer would not be required to pay you extra for the sleep time if you are properly classified as a salaried employee. An hourly... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Kansas on
Q: Can a Kansas employer use bonuses to make up the required $684 a week required by law to salaried employee?

I am making 656 a week instead of the 684. My employer has told me that we get two bonuses a year and those bonuses are usually the equivalent of a full pay check and as long as they pay me the minimum 35,568 annually they are legally fine. Is this legal that everyone gets a bonus but only two... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 4, 2020

Under the Fair Labor Standards Act, if an employee receives non-discretionary bonuses or other incentive payments at least once per year, then the employer can count those payments towards the employee’s weekly salary to determine whether the salary basis test of at least $684 per week is met.... View More

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