Kansas’ Wage Payment Law provides employees that are not being paid on time or the correct amount the right to pursue the wages to which they are entitled. You should be aware of the rights you have as an employee and what responsibilities your employer has towards you.
If you believe that your employer has committed some type of violation with regards to your paycheck or payment rights, you may need to take legal action in order to recover your losses.
When Must Paychecks Be Sent Out in Kansas Employment Law?
Kansas law requires your employer to pay you at least monthly, but your employer can choose to pay you more often than that. There is no difference in between hourly or salaried employees in terms of the required frequency of payment.
All employees also have the right to be informed of the payday schedule set up by the employer. Thus, if your employer pays you less frequently than is required under Kansas laws, they may be in violation. As such, it may be necessary to initiate legal action to determine an appropriate remedy for you.
What Happens to My Paycheck If I Am Fired in Kansas?
Your last paycheck, whether you quit or were fired, needs to be given to you by the next scheduled payday. There is no law in Kansas that entitles employees paid vacation or sick days. However, if your company policy says they will pay you for any unused paid leave, then you must be paid for it. You will have to look at your company policy to see if it makes a difference whether you were fired or quit in terms of your eligibility for financial compensation for unused paid leave.
Can My Paycheck Be Garnished Under Kansas law?
Wage garnishment may be imposed in cases where the employee has outstanding debt. This is where the employer is authorized to set aside some of the person’s wages for payment of the debt. Money can be automatically taken from your paycheck without a court order in certain situations, such as unpaid taxes, money owed for child support, or defaulted student loans. In all other debt situations, your creditor has to go to court and get a judgment order before they can garnish your wages.
If your employer has issued you property for your job, such as a cell phone or personal safety equipment, they can withhold your wages to cover the cost of the property pursuant to your written consent, provided that the amount does not lower your paycheck to a level below minimum wage.
However, once you have returned the property, your employer is required to return the deducted wages to you. If there are specific items in the contract that mention property damage, you’ll need to pay attention to these as well. If you are unsure of how such terms might affect your rights, it is advisable to seek guidance from an attorney in order to have the employment contract reviewed.
Can I Recover a Withheld Paycheck in Kansas?
If your employer is refusing to give your paycheck to you, one way that you can pursue your paycheck is to file a complaint with the Kansas Department of Labor and see what they can do to recover your paycheck on your behalf. You also have the option to file a lawsuit against your employer to recover your unpaid wages.
A wage and hour lawsuit may be necessary if your paycheck is partial or incomplete. This is where the court reviews your pay stubs, work logs, and other documents to determine what amounts are missing, and what you are entitled to. In most cases, these types of disputes have to do with the amount of hours you worked, your pay rate, overtime disputes, benefits, and other similar employment issues.
Does Kansas Law Protect Employers from Paycheck Discrimination?
Kansas employers are not allowed to discriminate against their employees on the basis of their race, sex, age, religion, national background, and other categories. For instance, they cannot deny a person their paycheck or reduce their paycheck based on the person’s race.
They also cannot provide other groups of workers with preferential treatment based on those categories. Discrimination also cannot be based on a person’s pregnancy status or if they have a legally-recognized medical condition.
Is there Anything Else I Should Know About Kansas’ Paycheck Law?
In Kansas, your employer can require you to take a medical test or drug test and ask that you pay for it before hiring you. Also, under Kansas law, you can request an itemized statement of deductions being made from your wages each pay period, and your employer will be required to provide the statement for each pay period where deductions are made.
Where Can I Find the Right Lawyer to Help Me with My Paycheck Issue?
If you are having problems getting your paycheck, you need to reach out to a Kansas employment lawyer for assistance. An employment lawyer can guide you through the process of filing a complaint with the Kansas Department of Labor or represent you in a lawsuit against your employer, if necessary.