Kansas 2025-2026 Regular Session

Kansas House Bill HB2151 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2025
2	2	HOUSE BILL No. 2151
3	3	By Representatives Woodard, Alcala, Amyx, Carlin, Carmichael, Carr, Featherston,
4	4	Haskins, Hoye, Martinez, McDonald, Melton, Meyer, Miller, Neighbor, Sawyer
5	5	Clayton, Schlingensiepen, Simmons, Stogsdill, Weigel, Wikle and Xu
6	6	1-29
7	7	AN ACT concerning labor and employment; increasing the Kansas
8	8	minimum wage to $15 an hour; amending K.S.A. 44-1202 and 44-1203
9	9	and repealing the existing sections.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 44-1202 is hereby amended to read as follows: 44-
12	12	1202. As used in K.S.A. 44-1201 to 44-1213, inclusive, and amendments
13	13	thereto, unless the context otherwise requires:
14	14	(a) "Secretary" means the secretary of labor.
15	15	(b) "Wage" means compensation due to an employee by reason of the
16	16	employee's employment, payable in legal tender of the United States or
17	17	checks on banks convertible into cash on demand at full face value, subject
18	18	to such allowances as may be permitted by regulations of the secretary
19	19	under K.S.A. 44-1207, and amendments thereto.
20	20	(c) "Employ" means to suffer or permit to work.
21	21	(d) "Employer" means any individual, partnership, association,
22	22	corporation, business trust or any person or group of persons acting
23	23	directly or indirectly in the interest of an employer in relation to an
24	24	employee, but shall. Except as otherwise provided in K.S.A. 44-1203, and
25	25	amendments thereto, "employer" does not include any employer who is
26	26	subject to the provisions of the fair labor standards act of 1938 (, 29
27	27	U.S.C.A. § 201 et seq.), and any other acts amendatory thereof or
28	28	supplemental thereto.
29	29	(e) "Employee" means any individual employed by an employer, but
30	30	shall not include: (1) Any individual employed in agriculture; (2) any
31	31	individual employed in domestic service in or about a private home; (3)
32	32	any individual employed in a bona fide executive, administrative or
33	33	professional capacity or in the capacity of an outside commission paid
34	34	salesman, as such terms are defined and delimited by rules and regulations
35	35	of the secretary; (4) any individual employed by the United States; (5) any
36	36	individual who renders service gratuitously for a nonprofit organization as
37	37	such terms are defined by rules and regulations of the secretary; (6)
38	38	persons eighteen years of age or less employed for any purpose on an
39	39	occasional or part-time basis; or (7) any individual employed by a unified
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74	74	school district in an executive, administrative or professional capacity, if
75	75	the individual is engaged in such capacity 50% or more of the hours during
76	76	which the individual is so employed.
77	77	(f) "Occupation" means employment in any service, trade, business,
78	78	industry or other gainful employment.
79	79	(g) "Gratuity" means voluntary monetary contribution received by an
80	80	employee from a guest, patron or customer for services rendered.
81	81	(h) "Occasional or part-time basis" means any employee working less
82	82	than 40 hours per week and, for the purposes of this definition, students 18
83	83	years of age and under working between academic terms shall be
84	84	considered part-time employees regardless of the number of hours worked.
85	85	Sec. 2. K.S.A. 44-1203 is hereby amended to read as follows: 44-
86	86	1203. (a) Except as otherwise provided in the minimum wage and
87	87	maximum hours law for the payment of overtime compensation, every
88	88	employer shall pay to each employee wages at a rate as follows:
89	89	(1) Prior to January 1, 2010, employee wages shall be paid at a rate of
90	90	not less than $2.65 an hour; and
91	91	(2) On and after January 1, 2010, employee wages shall be paid at a
92	92	rate of not less than $7.25 an hour of not less than $15 an hour.
93	93	(b) In calculating such minimum wage rate, an employer may include
94	94	tips and gratuities received by an employee if such tips and gratuities have
95	95	customarily constituted part of the remuneration of the employee and if the
96	96	employee concerned actually received and retained such tips and
97	97	gratuities. For employees receiving tips and gratuities, the employer shall
98	98	pay a minimum wage of at least $2.13 an hour. If when combined with the
99	99	minimum wage rate prescribed in this subsection the amount of the
100	100	employee's tips and gratuities are:
101	101	(1) At least equal to $7.25 an hour, no further payment is required by
102	102	the employer; or
103	103	(2) less than $7.25 an hour, the employer must pay the employee the
104	104	difference between $7.25 an hour and the actual hourly amount received
105	105	by the employee determined by combining the amount of tips and
106	106	gratuities received by the employee with the minimum wage prescribed by
107	107	this subsection paid by the employer.
108	108	(c) The provisions of this section shall not apply to any employers
109	109	and employees who are covered under the provisions of the federal fair
110	110	labor standards act (, 29 U.S.C.A. § 201 et seq.), and any other acts
111	111	amendatory thereof or supplemental thereto.
112	112	Sec. 3. K.S.A. 44-1202 and 44-1203 are hereby repealed.
113	113	Sec. 4. This act shall take effect and be in force from and after its
114	114	publication in the statute book.
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