labor lawAdivision of labor law center

Kansas workplace fatalities numbers are just in, and it is not a pretty picture. The most recent figures show a 5%  increase in workplace fatalities, from 81 per year to 85 per year.

Even more shocking, 93% of those killed at work were male according to the Kansas Department of Labor. Of the total 85 fatalities, 79 were male. Only 7% of the workplace fatalities, or 6 individuals killed, were female.

Under Kansas law, employers must display safety posters in the workplace. Federal law requires (more…)

Every Kansas employer needs to understand that in 2007 a number of changes to the labor laws were made. In 2007, for the first time in ten years, the federal minimum wage was increased from $5.15 to $5.85 per hour as a result of the Fair Minimum Wage Act of 2007. At least ten states increased their state minimum wage on the same day.

Another increase will occur on July 24, 2008, raising the federal minimum wage from $5.85 to $6.55 per hour. Again, the states that tie their minimum wage to the federal rate will bump their state minimum wages, too.

The 2008 Kansas labor law posters required by state law are:

• Discrimination Notice
• Unemployment Insurance
• Kansas Child Labor
• Workers’ Compensation

In addition, federal law requires every employer in the nation to display a number of posters. These include:

• Employee Polygraph Protection Act
• Family and Medical Leave Act
• OSHA-Job Safety & Health Protection
• USERRA - Uniformed Services Employment and Reemployment Rights Act
• Equal Employment Opportunity is the Law
• Federal Minimum Wage

2007 also saw other changes that required employers to update their labor law posters. Employers in Ohio had to post new no-smoking signs at all entrances as a result of the establishment of tough new ban on smoking in the workplace.

Washington, Oregon, Texas and several other states raised their state minimum wages in 2007.

A change was enacted in Alaska to the state Child Labor Laws regarding the selling of cigarettes. It was already illegal for anyone under the age of 19 to buy cigarettes. This change in the law also made it illegal for anyone under the age of 19 to sell cigarettes. The change resulted from the fear that teens working in gas stations or convenience stores were selling cigarettes to their underage friends.

The New Year will bring more changes which will require employers to change labor law posters. Restaurants, bars and casinos and practically every other work environment in Illinois will enact a tough new law banning smoking.

As a result of these changes, companies need to take the time to update their labor law posters by the end of this year. Failure to update the posters with the new information can result in a fine for the employer.

More than a dozen states will increase their minimum wages on January 1, 2008. These include Delaware, Oregon, Washington, California, Florida, Iowa, New Mexico, Massachusetts, Vermont, Colorado, Arizona, Missouri, Montanan and Ohio. The lowest rate to be increased is in Montana, where the state minimum wage will increase from $6.15 per hour to $6.26. In Missouri and New Mexico, the state rate will go to $6.50.

One of the major changes during 2007 related to minimum wage. The federal minimum wage, as a result of the Fair Minimum Wage Act of 2007, went from $5.15 to $5.85 per hour. Nearly a dozen states increased their minimum wage on the same day.

Also, during the 2007, several other states, including Utah, Washington, Oregon, and West Virginia increased their state minimum wage. Both state and federal law require that every employer prominently display the posters in an area where they can been seen by every employee. Popular locations are a bulletin board, near the time clock or in the break room.

The most common reason for employers to update posters includes statute changes, especially to minimum wage laws. In just the past few months, employers in New Hampshire, Nevada and Maine have updated their labor law posters as the state minimum wages changed. The most recent increase was on October 1, 2007 when the New Hampshire minimum wage increased to $6.50 per hour.

According to the Kansas State poster talking about labor laws, the minimum wage in Kansas is only $2.65 per hour!!! This means that if you employer is not bound by the Federal Fair Labor Standard Act stating the Federal minimum wage of $5.15 per hour, your employee only has to pay $2.65 per hour. Contact Federal Wage and Hour at (913) 551-5721 to inquire about coverage whether your company is covered by the Federal Fair Labor Standards Act.

The Kansas State poster also states that your employer must pay you at least once a month. Your employer must pay on regular paydays and inform you of paydays in advance. Additionally, your employer can change your pay, both by increasing or decreasing your hourly wage, but they must give you notice before they do it. Your employer cannot change your rate of pay retroactively. They also have to pay you for all hours worked as long as your work was authorized or your employer accepts the benefit of your work. Additionally, your employer can pay you in cash, but they are still required to withhold taxes. Your employer is not required to put anything on your pay stub. However, if you request it, your employer must provide you with an itemized statement of deductions for each pay period.

Some employees have been told that they have to participate in a direct deposit program or they cannot be paid. Unless you work for the federal government, your employer cannot make you participate in direct deposit. However, many employees find it is more convenient to be paid through direct deposit.

Your employer cannot hold your paycheck until you return your uniforms, tools, or other equipment. Nor can your employer take money out of your wages to cover cash register shortages or damages to equipment or property. You can be fired for these things, but your wages cannot be garnished.

I was looking over the Kansas ( KS ) Employment Labor Posters the other day. If you aren’t familiar with those, the Kansas Labor Posters are required by the state’s department of labor. They have to be posted in every place of employment in Kansas in a very conspicuous location. The purpose of the posters is to advise and inform workers about various aspects of labor law.

I think that labor laws are something that the average worker, like me, doesn’t really think about until something happens. Then you aren’t always sure what you should do. By reading the posters and becoming familiar with the laws, you will be informed. You’ll know exactly what a violation of the labor law is, and you’ll know how you should go about addressing it to instigate change in your work environment.

The Kansas (KS) Employment Labor Poster for Unemployment Insurance has just undergone a change, so if you are an employer and you’re still using the 2005 posters you may want to update them. In addition to Unemployment Insurance, in Kansas you have to post the Discrimination Notice, Child Labor, and Workers’ Compensation posters.

Besides the Kansas employment labor posters, there are several Federal posting requirements. These include the following posters: USERRA - Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act, and OSHA-Job Safety & Health Protection.

The Kansas State Mandatory Posters are necessary to post in your place of employment. If you are an employer, it is necessary for you to stay on the right side of the law, especially as it pertains to the employment of your employees. There are many things that must play a role here. For example, you need to insure that you provide a healthy, safe working environment for your employees. You also need to insure that you provide them with fair play and practices. To help your employees to know just what laws are in place for you to provide to them, it is necessary to post these posters in your place of business. They need to be posted some place where your employees can easily locate and read them.

But, what should be on them? One of the leading problems that employers have in regards to their Kansas State Mandatory Posters is simply not keeping them updated. Let’s face it, laws change and it is necessary for an employee to know what his or her rights are when they do change. Currently, one of the laws that is being considered is the state’s minimum wage law. Currently, our state has a rate set at just $2.65 per hour, much, much lower than it is set for other states. If in fact the federal government moves to enact a countrywide minimum wage requirement, this could affect you and your employees. Therefore, it is necessary for you to stay up to date on changes especially those that happen to effect your compliance with the state.

In Kansas, your Kansas State Mandatory Poster must include information on the Discrimination Notice, the Unemployment Insurance laws, the Child Labor laws and the Worker’s Compensation laws. When these things are covered and kept up to date, you are in compliance with the laws of our state.