WAGE AND HOUR DEMAND LETTER
State of Kansas
Kansas Wage Payment Act / Minimum Wage Law / FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Kansas ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Kansas Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if collective/class action contemplated]
Demand for Unpaid Wages Under Kansas and Federal Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 AND K.S.A. 60-452
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Kansas Wage Payment Act, K.S.A. 44-313 et seq., the Kansas Minimum Wage and Maximum Hours Law, K.S.A. 44-1201 et seq., and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. KANSAS-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
Kansas has a state minimum wage that matches the federal rate. Kansas has a state overtime law, but it only requires overtime after 46 hours per week, making the FLSA's 40-hour threshold more favorable for employees.
Key Legal Framework:
| Category | Kansas/Federal Requirement | Citation |
|---|---|---|
| Minimum Wage | $7.25/hour | K.S.A. 44-1203 |
| Overtime (Kansas) | 1.5x regular rate after 46 hours/week | K.S.A. 44-1204 |
| Overtime (FLSA) | 1.5x regular rate after 40 hours/week | 29 U.S.C. Section 207 |
| Tipped Minimum | $2.13/hour (with tip credit) | K.S.A. 44-1203(d) |
| Payment Frequency | At least monthly | K.S.A. 44-314 |
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Kansas Wage Payment Act | 3 years | K.S.A. 60-512(1) |
| Kansas Contract Claims | 5 years | K.S.A. 60-511(1) |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
C. Kansas Wage Payment Requirements
Wage Payment Timing:
- K.S.A. 44-314: Wages must be paid at least once per month on regular paydays
- K.S.A. 44-315: Final wages due on next regular payday (regardless of termination type)
- K.S.A. 44-319: Employers must provide wage statements
Payroll Deductions:
- K.S.A. 44-319: Deductions permitted only with written authorization or as required by law
- Cannot deduct for shortage, breakage, or loss unless clearly due to employee dishonesty
- Deductions cannot reduce wages below minimum wage
D. Enforcement Mechanisms
Administrative:
- Kansas Department of Labor, Employment Standards Division
- File complaint: 401 SW Topeka Blvd, Topeka, KS 66603
- Phone: (785) 296-5000
- Administrative investigation available
Private Right of Action:
- K.S.A. 44-315(b): Private action for wage payment violations
- K.S.A. 44-1211: Private action for minimum wage/overtime violations
- FLSA: 29 U.S.C. Section 216(b) provides private right of action
E. Kansas Penalty Provisions
| Remedy | Standard | Citation |
|---|---|---|
| Back Wages | Full unpaid amount | K.S.A. 44-315 |
| Late Final Wage Penalty | 1% per day (capped at 100% of wages) | K.S.A. 44-315(b) |
| Attorney's Fees | Reasonable fees for prevailing plaintiff | K.S.A. 44-315(b) |
| Court Costs | Recoverable | K.S.A. 44-315(b) |
F. Tip Credit Rules (Kansas)
Kansas follows federal tip credit rules:
| Requirement | Standard |
|---|---|
| Cash wage minimum | $2.13/hour |
| Tip credit maximum | $5.12/hour |
| Total must equal | $7.25/hour minimum |
| Notice required | Yes |
| Tip pooling | Valid only among customarily tipped employees |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in Kansas. During this employment, [Company Short Name] violated Kansas and federal wage laws by:
[ ] Failing to pay the minimum wage of $7.25 per hour
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week (FLSA)
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to wage protections
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] On-call time
[ ] Failing to pay wages on regular paydays as required by K.S.A. 44-314
[ ] Failing to pay final wages timely upon separation
[ ] Making unlawful deductions from wages
[ ] Unlawful tip pooling or tip credit violations
These violations entitle our client to penalties and additional damages under Kansas law.
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Kansas] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip violations, etc.]
IV. LEGAL ANALYSIS
A. Coverage Under Kansas and Federal Law
Kansas Wage Payment Act Coverage:
K.S.A. 44-313 et seq. applies to all employers in Kansas. [Company Short Name] is a covered employer.
FLSA Coverage:
[Company Short Name] is subject to the FLSA because it is an enterprise engaged in commerce with annual gross sales of at least $500,000. 29 U.S.C. Section 203(s)(1)(A). [Alternatively, describe individual coverage.]
B. Minimum Wage Violation (K.S.A. 44-1203)
Kansas law requires covered employers to pay employees at least $7.25 per hour. By [describe violation], [Company Short Name] failed to pay our client the required minimum wage.
C. Overtime Violation
FLSA (29 U.S.C. Section 207):
The FLSA requires employers to pay non-exempt employees overtime at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek.
Kansas Law (K.S.A. 44-1204):
Kansas state law requires overtime after 46 hours per week. Because the FLSA's 40-hour threshold is more favorable, FLSA applies.
Our client worked an average of [X hours] per week. [Company Short Name] failed to pay overtime compensation for an average of [X overtime hours] per week.
D. Wage Payment Violations (K.S.A. 44-314, 44-315)
[Company Short Name] violated the Kansas Wage Payment Act by:
- [Failing to pay wages on regular paydays]
- [Failing to pay final wages on next regular payday]
- [Making unauthorized deductions]
E. Penalties
Under K.S.A. 44-315(b), our client is entitled to 1% of unpaid wages per day for late final wages, up to 100% of the wages owed.
V. DAMAGES CALCULATION
A. Kansas and Federal Damages
Relevant Period: [Date - 3 years prior] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
3. Off-the-Clock Work
| Activity | Hours/Week | Rate | Weeks | Total |
|---|---|---|---|---|
| [Pre-shift work] | [X] | $[X.XX] | [X] | $[Amount] |
| Off-the-Clock Subtotal | $[Amount] |
4. Kansas Late Final Wage Penalty (1% per day)
| Final Wages Owed | Days Late | 1% Daily Rate | Total (capped at 100%) |
|---|---|---|---|
| $[Amount] | [X days] | 1% | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Kansas Penalty (1%/day, max 100%) | $[Amount] |
| or FLSA Liquidated Damages (100%) | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Collective/Class Action Exposure
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Penalties/Damages | $[Amount] | [X employees] | $[Amount] |
| Collective/Class Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- Statutory penalties under Kansas law
- Pre-judgment interest
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] United States District Court for the District of Kansas
[ ] Kansas District Court, [County]
The Complaint will seek:
1. Unpaid minimum wages under K.S.A. 44-1203 and 29 U.S.C. Section 206
2. Unpaid overtime under 29 U.S.C. Section 207
3. Wage payment violations under K.S.A. 44-315
4. 1% per day penalty under K.S.A. 44-315(b)
5. FLSA liquidated damages under 29 U.S.C. Section 216(b)
6. Attorney's fees and costs
7. FLSA collective action certification / Kansas class certification
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior Kansas DOL investigations
[ ] Tip records (if applicable)
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under Federal Rule of Evidence 408 and K.S.A. 60-452.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Kansas Bar No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
KANSAS-SPECIFIC PRACTICE NOTES
[ ] Minimum Wage Matches Federal: Kansas's $7.25 minimum wage equals the federal minimum
[ ] State Overtime Less Favorable: Kansas overtime kicks in at 46 hours (K.S.A. 44-1204) vs. FLSA's 40 hours; use FLSA
[ ] 1% Daily Penalty: K.S.A. 44-315(b) provides 1% per day penalty for late final wages (capped at 100%)
[ ] Longer State SOL: Kansas has 3-year statute of limitations for wage claims vs. FLSA's 2 years
[ ] Administrative Claims: Kansas DOL Employment Standards Division processes wage complaints
[ ] Federal Court: Single federal district for Kansas
- U.S. District Court for the District of Kansas (Kansas City, Topeka, Wichita)
[ ] State Courts: Kansas District Courts in each county (31 judicial districts)
[ ] Kansas DOL Contact: Employment Standards Division
- Address: 401 SW Topeka Blvd, Topeka, KS 66603
- Phone: (785) 296-5000
- Website: dol.ks.gov
[ ] At-Will Employment: Kansas follows at-will doctrine; consider FLSA retaliation claims