Pay Frequency and Wage-Payment Lag Requirements in Kansas
At a glance
| Governing law | Kansas Wage Payment Act, K.S.A. §§ 44-313 to 44-327; recurring schedule in § 44-314 |
|---|---|
| Who the recurring-pay rule covers | Broad: every public or private employer and every person allowed or permitted to work (§ 44-313(a)-(b)) |
| Minimum pay frequency | At least once during each calendar month (§ 44-314(a)) |
| Maximum pay-period length or structure | No separate day-count or calendar-half structure; the monthly payment rule controls (§ 44-314(a), (h)) |
| Latest payday after work is performed | Pay-period end may be no more than 15 days before the regular payday unless state or federal law authorizes a variance (§ 44-314(h)) |
| Regular payday designation and changes | Employer must designate regular paydays in advance (§ 44-314(a)); no separate waiting period for a schedule change stated |
| Classification and industry exceptions | No executive, professional, industry, or employer-size exception stated; only a variance authorized by state or federal law may alter the 15-day lag (§§ 44-313, 44-314(h)) |
| Enforcement and remedies | Wage claim with the Secretary of Labor or suit in court (§§ 44-322a, 44-324); willful late payment can add 1% of unpaid wages per day after day 8, excluding Sundays/holidays, capped at 100% (§ 44-315(b)) |
Requirements one by one
Kansas requires a monthly payday at minimum
K.S.A. § 44-314(a) says every employer must pay all wages due at least once during each calendar month on regular paydays designated in advance. A weekly, biweekly, or semimonthly payroll can comply because each is more frequent than the statutory floor.
The coverage definitions are broad. K.S.A. § 44-313(a)-(c) include public and private organizations as employers, define an employee as any person allowed or permitted to work, and cover compensation calculated by time, task, piece, commission, or another basis.
The pay period cannot trail payday by more than 15 days
K.S.A. § 44-314(h) requires the end of the pay period being paid to fall no more than 15 days before the regular payday unless state or federal law authorizes a variance. For example, if a pay period ends June 30, the ordinary outside payday is July 15. A July 16 payday would exceed the stated lag without an authorized variance even though the employer still pays once during July.
The statute does not require calendar-half periods or another fixed earnings- period structure. Frequency and lag are the two controls: pay at least monthly, and keep the paid period's closing date within 15 days of payday.
A willful delay can add a daily penalty
Under K.S.A. § 44-315(b), a willful failure to meet the recurring deadline can add 1% of the unpaid wages for each continuing day after the eighth day, excluding Sundays and legal holidays. The added amount cannot exceed 100% of the unpaid wages.
An employee may file an unpaid-wage claim with the Secretary of Labor under K.S.A. § 44-322a or bring the claim in a court of competent jurisdiction under K.S.A. § 44-324(a).
What trips people up
Paying once somewhere in each month is not the whole test. The pay-period end also must be within 15 days of the regular payday, so a monthly schedule with a long processing delay can violate the lag rule.
Kansas also does not write an executive, professional, or employer-size carve- out into this recurring-pay provision. Those classifications may matter under other wage laws, but the official text defines this Act's employer and employee broadly.
Common questions
May a Kansas employer pay every two weeks?
Yes. Every-two-week payroll is more frequent than the required minimum of once during each calendar month, but the 15-day lag rule still applies.
Does Kansas require paydays to be announced in advance?
Yes. The employer must designate regular paydays in advance. The statute does not state a separate number of days' notice for changing that designation.
Does the daily penalty begin the day after a missed payday?
No. For a willful failure, K.S.A. § 44-315(b) begins counting the 1% daily penalty after the eighth day following the required payday and excludes Sundays and legal holidays from the penalty count.
Statutes and sources
- K.S.A. § 44-313(a)-(c). Broad employer, employee, and wage definitions. Official Revisor text (accessed July 12, 2026).
- K.S.A. § 44-314(a), (h). Monthly minimum, advance-designated regular paydays, and 15-day maximum lag. Official Revisor text (accessed July 12, 2026).
- K.S.A. § 44-315(b). Willful-delay penalty. Official Revisor text (accessed July 12, 2026).
- K.S.A. § 44-322a(a)-(c). Labor Department wage-claim investigation, hearing, and review process. Official Revisor text (accessed July 12, 2026).
- K.S.A. § 44-324(a). Direct court action. Official Revisor text (accessed July 12, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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