K.S.A. » Chapter 44
Kansas Statutes Annotated

K.S.A. § 44-1202 (2026)

Minimum wage and maximum hours law; definitions

✓ current as of May 2026
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44-1202. Minimum wage and maximum hours law; definitions. As used in K.S.A. 44-1201 to 44-1213, inclusive, and amendments thereto, unless the context otherwise requires:

(a) "Secretary" means the secretary of labor.

(b) "Wage" means compensation due to an employee by reason of the employee's employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such allowances as may be permitted by regulations of the secretary under K.S.A. 44-1207, and amendments thereto.

(c) "Employ" means to suffer or permit to work.

(d) "Employer" means any individual, partnership, association, corporation, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include any employer who is subject to the provisions of the fair labor standards act of 1938 (29 U.S.C.A. § 201 et seq.) and any other acts amendatory thereof or supplemental thereto.

(e) "Employee" means any individual employed by an employer, but shall not include: (1) Any individual employed in agriculture; (2) any individual employed in domestic service in or about a private home; (3) any individual employed in a bona fide executive, administrative or professional capacity or in the capacity of an outside commission paid salesman, as such terms are defined and delimited by rules and regulations of the secretary; (4) any individual employed by the United States; (5) any individual who renders service gratuitously for a nonprofit organization as such terms are defined by rules and regulations of the secretary; (6) persons eighteen years of age or less employed for any purpose on an occasional or part-time basis; or (7) any individual employed by a unified school district in an executive, administrative or professional capacity, if the individual is engaged in such capacity 50% or more of the hours during which the individual is so employed.

(f) "Occupation" means employment in any service, trade, business, industry or other gainful employment.

(g) "Gratuity" means voluntary monetary contribution received by an employee from a guest, patron or customer for services rendered.

(h) "Occasional or part-time basis" means any employee working less than 40 hours per week and, for the purposes of this definition, students 18 years of age and under working between academic terms shall be considered part-time employees regardless of the number of hours worked.

History: L. 1977, ch. 179, § 4; L. 1979, ch. 162, § 2; L. 1988, ch. 175, § 1; L. 2004, ch. 179, § 84; July 1.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1983–2021 · leading case: Brown v. Ford Storage & Moving Co., 224 P.3d 593 (Kan. Ct. App. 2010).
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Brown v. Ford Storage & Moving Co., 224 P.3d 593 (Kan. Ct. App. 2010). · cites it 17× “The court found that Nebraska was not an “employer” under the terms of the KMWMHL, but rather was subject to the Fair Labor Standards Act, and therefore was specifically excluded from the KMWMHL by K.S.A. 44-1202(d). A week later, Ford moved for judgment on the pleadings or, in…”
Brown v. Ford Storage & Moving Co., Inc., 224 P.3d 593 (Kan. Ct. App. 2010). · cites it 17× “The court found that Nebraska was not an "employer" under the terms of the KMWMHL, but rather was subject to the Fair Labor Standards Act, and therefore was specifically excluded from the KMWMHL by K.S.A. 44-1202(d). A week later, Ford moved for judgment on the pleadings or, in…”
Dollison v. Osborne Cnty., 737 P.2d 43 (Kan. 1987). · cites it 9× “If the legislature had intended that the minimum wage and maximum hours law not apply to any public employees, it could easily have amended the statute at that time to specifically exclude the State and the various political subdivisions from the definition of ‘employer’ in…”
Garcia v. Tyson Foods, Inc., 766 F. Supp. 2d 1167 (D. Kan. 2011). · cites it 2× “See K.S.A. § 44-1202(d) (Kansas Minimum Wage Maximum Hour Law) (KMWMHL).”
Jones v. Casey's Gen. Stores, 551 F. Supp. 2d 848 (S.D. Iowa 2008). · cites it 2× “” Kan. Stat. Ann. § 44-1202 (d) (emphasis added).”
Lumry v. State, Kansas Bureau of Investigation, 307 P.3d 232 (Kan. Ct. App. 2013). · cites it 4× “See K.S.A. 2012 Supp. 44-1202(a); K.S.A. 44-1210(b).”
Clements v. Emery Worldwide Airlines, Inc., 44 F. Supp. 2d 1141 (D. Kan. 1999). · cites it 3× “” K.S.A. 44-1202(d). The county therefore could still fall within the less generous but still *1148 binding overtime pay requirements of the KMWMHL.”
State Ex Rel. Ludwick v. Bd. of Johnson Cnty. Comm'rs, 661 P.2d 377 (Kan. 1983). · cites it 8× “”’ K.S.A. 1978 Supp. 44-1202(¿Z), (e), and (/) provide: “(d) ‘Employer’ means any individual, partnership, association, corporation, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee, but…”
Seattle Prof'l Eng'g Employees Ass'n v. Boeing Co., 963 P.2d 204 (Wash. Ct. App. 1998). “Kan. Stat. Ann. § 44-1202 . Virginia excludes employees that are covered by the FLSA from its minimum wage act.”
Charbonneau v. Mortg. Lenders of Am., LLC (D. Kan. 2020). · cites it 2× “K.S.A. § 44-1202(d); Brown v. Food Storage & Moving Co.”
Jain v. Kumar (D. Kan. 2021). · cites it 2× “25 K.S.A. § 44-1202(d) (stating that “ ‘employer’ .”
Dollison v. Osborne Cnty., 763 P.2d 1101 (Kan. 1988). · cites it 4× “K.S.A. 44-1202(c) states: “‘Employ’ means to suffer or permit to work.”
Show all 13 citing cases →
— K.S.A. § 44-1202(4) — 1 case
Dollison v. Osborne Cnty., 737 P.2d 43 (Kan. 1987). “If the legislature had intended that the minimum wage and maximum hours law not apply to any public employees, it could easily have amended the statute at that time to specifically exclude the State and the various political subdivisions from the definition of ‘employer’ in…”
— K.S.A. § 44-1202(a) — 1 case
Lumry v. State, Kansas Bureau of Investigation, 307 P.3d 232 (Kan. Ct. App. 2013). “See K.S.A. 2012 Supp. 44-1202(a); K.S.A. 44-1210(b).”
— K.S.A. § 44-1202(c) — 1 case
Dollison v. Osborne Cnty., 763 P.2d 1101 (Kan. 1988). “K.S.A. 44-1202(c) states: “‘Employ’ means to suffer or permit to work.”
— K.S.A. § 44-1202(d) — 10 cases
Brown v. Ford Storage & Moving Co., 224 P.3d 593 (Kan. Ct. App. 2010). “The court found that Nebraska was not an “employer” under the terms of the KMWMHL, but rather was subject to the Fair Labor Standards Act, and therefore was specifically excluded from the KMWMHL by K.S.A. 44-1202(d). A week later, Ford moved for judgment on the pleadings or, in…”
Brown v. Ford Storage & Moving Co., Inc., 224 P.3d 593 (Kan. Ct. App. 2010). “The court found that Nebraska was not an "employer" under the terms of the KMWMHL, but rather was subject to the Fair Labor Standards Act, and therefore was specifically excluded from the KMWMHL by K.S.A. 44-1202(d). A week later, Ford moved for judgment on the pleadings or, in…”
Garcia v. Tyson Foods, Inc., 766 F. Supp. 2d 1167 (D. Kan. 2011). “See K.S.A. § 44-1202(d) (Kansas Minimum Wage Maximum Hour Law) (KMWMHL).”
Dollison v. Osborne Cnty., 737 P.2d 43 (Kan. 1987). “If the legislature had intended that the minimum wage and maximum hours law not apply to any public employees, it could easily have amended the statute at that time to specifically exclude the State and the various political subdivisions from the definition of ‘employer’ in…”
Lumry v. State, Kansas Bureau of Investigation, 307 P.3d 232 (Kan. Ct. App. 2013). “See K.S.A. 2012 Supp. 44-1202(a); K.S.A. 44-1210(b).”
— K.S.A. § 44-1202(e) — 1 case
Dollison v. Osborne Cnty., 763 P.2d 1101 (Kan. 1988). “K.S.A. 44-1202(c) states: “‘Employ’ means to suffer or permit to work.”
— K.S.A. § 44-1202(e)(3) — 2 cases
Dollison v. Osborne Cnty., 737 P.2d 43 (Kan. 1987). “If the legislature had intended that the minimum wage and maximum hours law not apply to any public employees, it could easily have amended the statute at that time to specifically exclude the State and the various political subdivisions from the definition of ‘employer’ in…”
Dollison v. Osborne Cnty., 763 P.2d 1101 (Kan. 1988). “K.S.A. 44-1202(c) states: “‘Employ’ means to suffer or permit to work.”
— K.S.A. § 44-1202(e)(7) — 1 case
State Ex Rel. Ludwick v. Bd. of Johnson Cnty. Comm'rs, 661 P.2d 377 (Kan. 1983). “”’ K.S.A. 1978 Supp. 44-1202(¿Z), (e), and (/) provide: “(d) ‘Employer’ means any individual, partnership, association, corporation, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee, but…”
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