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

K.S.A. § 44-319 (2026)

Withholding of wages, limitations on; deductions from wages, when allowed

✓ current as of May 2026
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44-319. Withholding of wages, limitations on; deductions from wages, when allowed. (a) Except as provided in subsections (b) and (c), no employer may withhold, deduct or divert any portion of an employee's wages unless: (1) The employer is required or empowered to do so by state or federal law; (2) the deductions are for medical, surgical or hospital care or service, without financial benefit to the employer, and are openly, clearly and in due course recorded in the employer's books; (3) the employer has a signed authorization by the employee for deductions for a lawful purpose accruing to the benefit of the employee; or (4) the deductions are for contributions attributable to automatic enrollment, as defined in K.S.A. 44-319a, and amendments thereto, in a retirement plan established by the employer described in sections 401(k), 403(b), 408, 408A or 457 of the internal revenue code.

(b) Subject to the provisions of subsection (e), pursuant to a signed written agreement between the employer and employee, an employer may withhold, deduct or divert any portion of an employee's wages for the following purposes:

(1) To allow the employee to repay a loan or advance which the employer made to the employee during the course of and within the scope of employment;

(2) to allow for recovery of payroll overpayment; and

(3) to compensate the employer for the replacement cost or unpaid balance of the cost of the employer's merchandise or uniforms purchased by the employee.

(c) Subject to the provisions of subsection (e), upon providing a written notice and explanation, an employer may withhold, deduct or divert any portion of an employee's final wages for the following purposes:

(1) To recover the employer's property provided to the employee in the course of the employer's business including, but not limited to, tools of the trade or profession, personal safety equipment, computers, electronic devices, mobile phones, proprietary information such as client or customer lists and intellectual property, security information, keys or access cards or materials until such time as such property is returned by the employee to the employer. Upon return of the employer's property, the employer shall relinquish the wages withheld to the employee;

(2) to allow an employee to repay a loan or advance which the employer made to the employee during the course of and within the scope of employment;

(3) to allow for the recovery of payroll overpayment; or

(4) to compensate the employer for the replacement cost or unpaid balance of the cost of the employer's merchandise, uniforms, company property, equipment, tools of the trade or other materials intentionally purchased by the employee.

(d) Nothing in this section shall be construed as prohibiting the withholding of amounts authorized in writing by the employee to be contributed by the employee to charitable organizations; nor shall this section prohibit deductions by check-off of dues to labor organizations or service fees, where such is not otherwise prohibited by law.

(e) Amounts withheld under this section shall not reduce wages paid to below the minimum wage required under the federal fair labor standards act, 29 U.S.C.A. § 201 et seq., or the minimum wage required under K.S.A. 44-1203, and amendments thereto, whichever is applicable.

History: L. 1973, ch. 204, § 7; L. 2006, ch. 68, § 2; L. 2013, ch. 6, § 4; July 1.

Notes of Decisions
Cited in 20 cases (5 in the last 5 years), 1978–2024 · 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 23× “37 At the administrative level, the administrative hearing officer concluded that the employer violated the K.S.A. § 44-319, which provided at the time: (a) No employer may deduct, withhold or divert any portion of an employee's wages unless: (1) The employer is required or…”
Temmen v. Kent-Brown Chevrolet Co., 605 P.2d 95 (Kan. 1980). · cites it 9× “During plaintiff’s case in chief, the trial court was asked to take judicial notice of K.S.A. 44-319, which became effective July 1, 1973, fifteen days before the repair work was ordered to be done on plaintiff’s car.”
Elkins v. Showcase, Inc., 704 P.2d 977 (Kan. 1985). · cites it 4× “The administrative hearing officer concluded that respondent Showcase had violated the provisions of K.S.A. 44-319, which provides as follows: “44-319.”
Beckman v. Kansas Dep't of Human Resources, 43 P.3d 891 (Kan. Ct. App. 2002). · cites it 3× “*610 Oral Agreement Beckman first argues that his verbal agreement with Miller to withhold wages in excess of $800 per month violated K.S.A. 44-319(a) and that agreements which are contrary to law are unenforceable.”
Yuille v. Pester Mktg. Co., 682 P.2d 676 (Kan. Ct. App. 1984). · cites it 4× “They argued that the deductions from their bonuses constitute deductions from wages prohibited by K.S.A. 44-319 and K.A.R. 49-20-1. The hearing examiner agreed and ordered that Pester pay back wages and penalties in the amount of $1,086.”
Dangerfield v. Montgomery Ward & Co., 694 P.2d 439 (Kan. 1985). · cites it 6× “Ward acknowledges it is subject to the Kansas wage payment statutes and none of the claimants ever signed a written authorization allowing Ward to withhold, deduct or divert any portion of the wages earned (K.S.A. 44-319). Ward’s pay plan consists of a formula utilizing several…”
Campbell v. Husky Hogs, L.L.C., 255 P.3d 1 (Kan. 2011). “44-315); controls and limits wage withholdings (K.S.A. 2010 Supp. 44-319); prohibits waivers of the rights created (K.”
Weinzirl v. the Wells Grp., Inc., 677 P.2d 1004 (Kan. 1984). · cites it 2× “" See K.S.A. 44-319. Further, the law provides an employee may not waive this right.”
Craig v. FedEx Ground Package Sys., Inc., 335 P.3d 66 (Kan. 2014). “44-314; K.S.A. 2007 Supp. 44-319. The *793 KWPA also requires employers to provide certain notice requirements with respect to tire payment of wages and the provision of benefits.”
Salon Enter., Inc. v. Langford, 31 P.3d 290 (Kan. Ct. App. 2000). · cites it 2× “44-319(a), which states: “No employer may withhold, deduct or divert any portion of an employee’s wages unless: (1) The employer is required or empowered to do so by state or federal law; (2) the deductions are for medical, surgical or hospital care or service, without financial…”
Head v. Knopp, 587 P.2d 867 (Kan. 1978). · cites it 2× “Plaintiff’s motion for summary judgment was based upon K.S.A. 44-319, which states: “(a) No employer may withhold, deduct or divert any portion of an employee’s wages unless: .”
Capital Cities/ABC, Inc. v. Ratcliff, 953 F. Supp. 1228 (D. Kan. 1997). · cites it 2× “The Carriers’ state law causes of action include: breach of contract (Count IV); fraudulent misrepresentation (Count V); negligent misrepresentation (Count VI); illegal deductions from wages pursuant to the Kansas Wage Payment Act, K.S.A. § 44-319 (Count VII); illegal…”
Show all 20 citing cases →
— K.S.A. § 44-319(a) — 7 cases
Blair v. Transam Trucking, Inc., 309 F. Supp. 3d 977 (D. Kan. 2018). “37 At the administrative level, the administrative hearing officer concluded that the employer violated the K.S.A. § 44-319, which provided at the time: (a) No employer may deduct, withhold or divert any portion of an employee's wages unless: (1) The employer is required or…”
Beckman v. Kansas Dep't of Human Resources, 43 P.3d 891 (Kan. Ct. App. 2002). “*610 Oral Agreement Beckman first argues that his verbal agreement with Miller to withhold wages in excess of $800 per month violated K.S.A. 44-319(a) and that agreements which are contrary to law are unenforceable.”
Salon Enter., Inc. v. Langford, 31 P.3d 290 (Kan. Ct. App. 2000). “44-319(a), which states: “No employer may withhold, deduct or divert any portion of an employee’s wages unless: (1) The employer is required or empowered to do so by state or federal law; (2) the deductions are for medical, surgical or hospital care or service, without financial…”
Dangerfield v. Montgomery Ward & Co., 694 P.2d 439 (Kan. 1985). “Ward acknowledges it is subject to the Kansas wage payment statutes and none of the claimants ever signed a written authorization allowing Ward to withhold, deduct or divert any portion of the wages earned (K.S.A. 44-319). Ward’s pay plan consists of a formula utilizing several…”
Charbonneau v. Mortg. Lenders of Am., LLC (D. Kan. 2020).
— K.S.A. § 44-319(a)(1) — 1 case
Blair v. Transam Trucking, Inc., 309 F. Supp. 3d 977 (D. Kan. 2018). “37 At the administrative level, the administrative hearing officer concluded that the employer violated the K.S.A. § 44-319, which provided at the time: (a) No employer may deduct, withhold or divert any portion of an employee's wages unless: (1) The employer is required or…”
— K.S.A. § 44-319(a)(3) — 9 cases
Blair v. Transam Trucking, Inc., 309 F. Supp. 3d 977 (D. Kan. 2018). “37 At the administrative level, the administrative hearing officer concluded that the employer violated the K.S.A. § 44-319, which provided at the time: (a) No employer may deduct, withhold or divert any portion of an employee's wages unless: (1) The employer is required or…”
Temmen v. Kent-Brown Chevrolet Co., 605 P.2d 95 (Kan. 1980). “During plaintiff’s case in chief, the trial court was asked to take judicial notice of K.S.A. 44-319, which became effective July 1, 1973, fifteen days before the repair work was ordered to be done on plaintiff’s car.”
Dangerfield v. Montgomery Ward & Co., 694 P.2d 439 (Kan. 1985). “Ward acknowledges it is subject to the Kansas wage payment statutes and none of the claimants ever signed a written authorization allowing Ward to withhold, deduct or divert any portion of the wages earned (K.S.A. 44-319). Ward’s pay plan consists of a formula utilizing several…”
Beckman v. Kansas Dep't of Human Resources, 43 P.3d 891 (Kan. Ct. App. 2002). “*610 Oral Agreement Beckman first argues that his verbal agreement with Miller to withhold wages in excess of $800 per month violated K.S.A. 44-319(a) and that agreements which are contrary to law are unenforceable.”
Elkins v. Showcase, Inc., 704 P.2d 977 (Kan. 1985). “The administrative hearing officer concluded that respondent Showcase had violated the provisions of K.S.A. 44-319, which provides as follows: “44-319.”
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