Kansas - Workers’ Rights

Definition of agricultural worker under state law:

• The Kansas Labor Relations Act defines “agricultural employee” at Kan. Stat. Ann. § 44-819.

Wages and Overtime

Minimum Wage

• Kansas has a state minimum wage law. (K.S.A. § 44-1203)
• The current minimum wage is $7.25 and it applies to employers and employees who are not covered by the federal Fair Labor Standards Act (FLSA). 
• Agricultural workers are not included in the state’s definition of ‘employee’ and are exempted from the state minimum wage law. (K.S.A. § 44-1202(e)(1))

Overtime

• Kansas has a state law regarding overtime pay. (K.S.A. § 44-1204)
• Agricultural workers are excluded from the state overtime law. (K.S.A. § 44-1202(e)(1))

State Enforcement Agency

Kansas Department of Labor, Office of Employment Standards

Website: https://www.dol.ks.gov/laws/wage-claims/filing-a-wage-claim—employees 
Relevant Forms: https://www.dol.ks.gov/docs/default-source/workplace-laws-documents/k-eslr-105.pdf?sfvrsn=c75fb71f_6 

Occupational Safety and Health

Workers’ Compensation

• Agricultural employers are not required to provide workers’ compensation coverage to their employees, though they may elect to do so. (Kan. Stat. Ann. § 44-505(a)(1)(b))  

State Enforcement Agency:
Kansas Department of Labor

Website: https://www.dol.ks.gov/WC/home

Field Sanitation

• Kansas does not have a state law regarding field sanitation.

Federal Enforcement Agency:
US DOL, Kansas OSHA Office

Website: https://www.osha.gov/contactus/bystate/KS/areaoffice

Pesticide Safety

• Kansas has a state law regarding pesticide safety in agriculture. (Kan. Admin. Regs. § 4-13-1, et seq. 
• Suspected pesticide poisoning is an optional reportable illness for health care providers. 

State Enforcement Agency:
Kansas Department of Agriculture, Pesticide and Fertilizer Program

Website: https://agriculture.ks.gov/divisions-programs/pesticide-fertilizer 
Relevant Forms: https://fs22.formsite.com/KansasDeptAg/j1cxjlrcb1/index.html

Right to Join Unions and Collective Bargaining in Agriculture

• Kansas is a ‘right to work’ state. (Kan. Const. Art. 15 § 12) meaning no person can be compelled to join a union as a condition of employment or be required to pay union dues. The Kansas “right to work” provision prohibits denial of employment because a worker is a member or affiliate of a union.
• There is a state statute that creates a limited right of agricultural workers and their unions to engage in collective bargaining with agricultural employers. (Kan. Stat. Ann. § 44-820) The statute is a “meet and confer” statute that creates some rules and enforcement mechanisms that regulate collective bargaining in agriculture, including limiting the topics upon which parties can meet, the selection process for employee representatives, and the establishment of an agricultural labor relations board. The law bars lockouts, pickets and strikes during certain periods.

State Enforcement Agency: 

Agricultural Labor Relations Board (*There is a general complaint filing service, however, there is not a formal agriculture labor board.  Once a complaint is filed with the Secretary of Agriculture, the Agriculture Labor Relations Board is then activated to address the issue.)

Website for Kansas Dept. of Labor Relations: https://www.dol.ks.gov/lr/lr-home 

Form for ag complaint: https://agriculture.ks.gov/kda-services/complaint-form 

State Legal Services Organizations

Kansas Legal Services
http://www.kansaslegalservices.org