Session of 2025
SENATE BILL No. 218
By Senators Corson, Holscher, Pettey, Schmidt and Sykes
2-5
AN ACT concerning labor and employment; increasing the minimum
wage of employees; 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. For purposes other than K.S.A. 44-1203, and amendments
thereto, "employer" shall 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
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.
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(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, 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, and prior to January 1, 2026,
employee wages shall be paid at a rate of not less than $7.25 an per hour;
(2) on and after January 1, 2026, and prior to January 1, 2027,
employee wages shall be paid at a rate of not less than $15 per hour; and
(3) on and after January 1, 2027, through the end of the year, and on
and after January 1 of each successive year, through the end of each year,
employee wages shall be paid at a rate of not less than the rate per hour
for the immediately preceding year increased by the increase in the cost of
living. The increase in the cost of living means an amount equal to the
percentage increase in the consumer price index for all urban consumers
in the midwest region as published by the bureau of labor statistics of the
United States department of labor during the immediately preceding year
rounded to the nearest five cents.
(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 per hour prior to January 1,
2026, and at least 50% of the minimum wage rate per hour prescribed by
subsection (a) on and after January 1, 2026. 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 the minimum wage rate per hour
prescribed by subsection (a), no further payment is required by the
employer; or
(2) less than $7.25 an hour the minimum wage rate per hour
prescribed by subsection (a), the employer must pay the employee the
difference between $7.25 an hour the minimum wage rate per hour
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prescribed by subsection (a) 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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