The minimum wage in Kansas is $7.25 an hour as of October 2026, set by K.S.A. 44-1203 since January 1, 2010. Tipped staff can be paid $2.13 an hour in cash if tips bring them to $7.25, and the state law only covers employers that the federal Fair Labor Standards Act doesn't.
The Kansas minimum wage and maximum hours law sits in Chapter 44, Article 12 of the Kansas Statutes. This guide draws on sections 44-1202, 44-1203 and 44-1204, plus the U.S. Department of Labor's state, tipped and payday tables and its FLSA reference guide, all read in October 2026.
Kansas pay rules at a glance
| Rule | Kansas (as of October 2026) |
|---|---|
| Minimum wage | $7.25 an hour |
| Tipped cash wage | $2.13 an hour, tips must reach $7.25 |
| State overtime | Time and a half after 46 hours a week |
| Who the state law covers | Employers not subject to the federal FLSA |
The quirk: Kansas law skips most employers
This is the fact most Kansas owners never hear. Section 44-1202 defines an employer as excluding any employer who is subject to the federal Fair Labor Standards Act. The U.S. Department of Labor's state table says the same: Kansas excludes from coverage any employment that's subject to the federal law.
So for most businesses, the rules that apply day to day are federal. The Kansas law fills the gap for small, purely local employers outside federal coverage. Either way the floor is the same $7.25, which my federal minimum wage guide explains, but the overtime rule is different depending on which law covers you.
Overtime after 46 hours, not 40
Section 44-1204 says that since January 1, 1978, no employer may work an employee longer than 46 hours in a workweek unless pay for the hours over 46 is at least one and a half times the regular rate. That's six hours later than the federal 40-hour rule.
But the same section says it doesn't apply to employees covered by the federal overtime rule in section 7 of the FLSA. In practice:
- If your business or the employee's own work is covered by the FLSA, overtime starts after 40 hours a week.
- If you're outside the FLSA altogether, Kansas overtime starts after 46 hours a week.
- Separate rules apply to emergency medical, fire protection and law enforcement work, using 28-day work periods and a 258-hour threshold.
My overtime laws guide covers how the federal 40-hour rule works.
Tipped staff in Kansas
Under section 44-1203, an employer can count tips toward the minimum wage if tips customarily form part of the employee's pay and the employee receives and keeps them. The employer must pay at least $2.13 an hour in cash. If $2.13 plus tips is at least $7.25 an hour, nothing more is due. If it's less, the employer pays the difference.
Who the Kansas law leaves out
Even within its own small field, the Kansas act excludes several groups in section 44-1202, including:
- People employed in agriculture.
- Domestic service in or about a private home.
- Bona fide executive, administrative and professional staff, and outside commission-paid salespeople.
- People employed by the United States.
- Volunteers serving a nonprofit without pay.
- Some workers aged 18 or under, as the section sets out.
How to tell which law covers your business
- Check enterprise coverage: the federal guide explains that businesses with at least $500,000 in annual sales, plus hospitals, schools and public agencies, are covered.
- Check individual coverage: an employee whose own work involves interstate commerce, such as handling goods or calls across state lines, is covered even in a small business.
- If either applies, use federal rules, including overtime after 40 hours.
- If neither applies, use the Kansas act and its 46-hour overtime rule.
A worked overtime example
Take two Kansas workers who each put in 45 hours in a week. The first works for a business with more than $500,000 in yearly sales, so the business is a covered enterprise under federal law and five hours are paid at time and a half. The second works for a tiny local firm with no interstate activity and no federal coverage. Under section 44-1204, that worker's 45 hours are all paid at the regular rate, because Kansas overtime only starts after 46 hours. One more hour that week, and the 47th hour would be overtime too.
Keep a simple record of which test you rely on for each role. If the Kansas Department of Labor or the U.S. Department of Labor ever asks, a note showing your sales figure and why each job is or isn't covered is far easier to defend than a guess.
Most growing businesses cross into federal coverage quickly, through sales or through staff who deal with out-of-state customers. Plan on the 40-hour rule unless you're certain you're outside it.
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A state that follows the federal rate but sets its own tipped cash wage is Pennsylvania, covered in our Pennsylvania minimum wage page.
Kansas and its neighbours
| State | Basic minimum wage (as of October 2026) |
|---|---|
| Kansas | $7.25 |
| Missouri | $15.00 |
| Nebraska | $15.00 (employers of 4 or more) |
| Colorado | $15.16 |
| Oklahoma | $7.25 for larger employers |
Kansas City shows the gap clearly. A shift on the Missouri side has a floor of $15.00 an hour, while the Kansas side stays at $7.25. The Missouri minimum wage page explains the rules over the state line.
My verdict
Kansas pays $7.25 an hour as of October 2026, and that's unlikely to change without a federal rise or a new state law. The useful insight is coverage: most Kansas employers follow federal rules, so overtime starts at 40 hours, not 46. Only very small, purely local businesses get the 46-hour rule. When in doubt, pay overtime after 40.
Louisiana takes the opposite approach to Kansas, with no state minimum wage law at all, and the Louisiana minimum wage guide explains what applies instead.
Frequently asked questions
What is the minimum wage in Kansas?
It's $7.25 an hour as of October 2026, set by K.S.A. 44-1203 since January 1, 2010.
What is the tipped minimum wage in Kansas?
Employers must pay at least $2.13 an hour in cash, and tips plus cash wages must reach $7.25 an hour.
Does Kansas overtime start after 46 hours?
Only for employers outside the federal Fair Labor Standards Act. Employees covered by federal law get overtime after 40 hours a week.
Does the Kansas minimum wage law apply to my business?
Kansas law excludes employers subject to the federal FLSA, so most businesses follow federal rules. The state act covers small, purely local employers.
Is the minimum wage higher in Kansas City, Missouri?
Yes. Missouri's state rate is $15.00 an hour as of October 2026, while Kansas stays at $7.25.
