Session of 2025
HOUSE BILL No. 2151
By Representatives Woodard, Alcala, Amyx, Carlin, Carmichael, Carr, Featherston,
Haskins, Hoye, Martinez, McDonald, Melton, Meyer, Miller, Neighbor, Sawyer
Clayton, Schlingensiepen, Simmons, Stogsdill, Weigel, Wikle and Xu
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AN ACT concerning labor and employment; increasing the Kansas
minimum wage to $15 an hour; amending K.S.A. 44-1202 and 44-1203
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 44-1202 is hereby amended to read as follows: 44-
1202. 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. Except as otherwise provided in K.S.A. 44-1203, and
amendments thereto, "employer" does 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
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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.
Sec. 2. K.S.A. 44-1203 is hereby amended to read as follows: 44-
1203. (a) Except as otherwise provided in the minimum wage and
maximum hours law for the payment of overtime compensation, 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 of not less than $15 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.
Sec. 3. K.S.A. 44-1202 and 44-1203 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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