Kansas Statutes Annotated

K.S.A. § 44-1203 (2026)

Same; minimum wage; computation; applicability of section

✓ current as of May 2026

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44-1203. Same; minimum wage; computation; applicability of section. (a) Except as otherwise provided in the minimum wage and maximum hours law, every employer shall pay to each employee wages at a rate as follows:

(1) Prior to January 1, 2010, employee wages shall be paid at a rate of not less than $2.65 an hour; and

(2) on and after January 1, 2010, employee wages shall be paid at a rate of not less than $7.25 an hour.

(b) In calculating such minimum wage rate, an employer may include tips and gratuities received by an employee if such tips and gratuities have customarily constituted part of the remuneration of the employee and if the employee concerned actually received and retained such tips and gratuities. For employees receiving tips and gratuities, the employer shall pay a minimum wage of at least $2.13 an hour. If when combined with the minimum wage rate prescribed in this subsection the amount of the employee's tips and gratuities are:

(1) At least equal to $7.25 an hour, no further payment is required by the employer; or

(2) less than $7.25 an hour, the employer must pay the employee the difference between $7.25 an hour and the actual hourly amount received by the employee determined by combining the amount of tips and gratuities received by the employee with the minimum wage prescribed by this subsection paid by the employer.

(c) The provisions of this section shall not apply to any employers and employees who are covered under the provisions of the federal fair labor standards act (29 U.S.C.A. § 201 et seq.), and any other acts amendatory thereof or supplemental thereto.

History: L. 1977, ch. 179, § 5; L. 1988, ch. 175, § 2; L. 2009, ch. 115, § 1; July 1.

Notes of Decisions

Cited in 7 cases, 1983–2018 · leading case: Blair v. Transam Trucking, Inc., 309 F. Supp. 3d 977 (D. Kan. 2018).

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Blair v. Transam Trucking, Inc., 309 F. Supp. 3d 977 (D. Kan. 2018). · cites it 4× “K.S.A. § 44-1203(a)(2). K.S.A. § 44-314(a).”

Jones v. Casey's Gen. Stores, 551 F. Supp. 2d 848 (S.D. Iowa 2008). “” Kan. Stat. Ann. § 44-1203 (b) (emphasis added).”

Brown v. Ford Storage & Moving Co., 224 P.3d 593 (Kan. Ct. App. 2010). “S.A. 44-1202(d). Ford and Nebraska are subject to the FLSA because each does more than $500,000 of annual interstate business.”

Brown v. Ford Storage & Moving Co., Inc., 224 P.3d 593 (Kan. Ct. App. 2010). “Ford and Nebraska are subject to the FLSA because each does more than $500,000 of annual interstate business.”

State Ex Rel. Ludwick v. Bd. of Johnson Cnty. Comm'rs, 661 P.2d 377 (Kan. 1983). “) K.S.A. 1978 Supp. 44-1203 provides: “(a) On and after January 1, 1978, and except as otherwise provided in K.”

Wineland v. Casey's Gen. Stores, Inc., 554 F. Supp. 2d 915 (S.D. Iowa 2008). “190 at 17 (quoting Kan. Stat. Ann. § 44-1203 (b)). Since both Plaintiffs and Defendant are “covered under the provisions of section 6” of the FLSA, within the meaning of § 44-1203(b), the Court found that the corresponding counts, as asserted in Jones, failed to state a claim…”

Dollison v. Osborne Cnty., 763 P.2d 1101 (Kan. 1988). “60 per hour minimum wage required by K.S.A. 44-1203(a). We note, however, that the KMWMHL contains independent provisions regarding both the minimum wage and overtime compensation.”

— K.S.A. § 44-1203(a) — 1 case

— K.S.A. § 44-1203(a)(2) — 1 case

Blair v. Transam Trucking, Inc., 309 F. Supp. 3d 977 (D. Kan. 2018). “K.S.A. § 44-1203(a)(2). K.S.A. § 44-314(a).”

— K.S.A. § 44-1203(c) — 1 case

Blair v. Transam Trucking, Inc., 309 F. Supp. 3d 977 (D. Kan. 2018). “K.S.A. § 44-1203(a)(2). K.S.A. § 44-314(a).”

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