Kansas
Kansas Minimum Wage 2026: $7.25 an Hour and Who the State Act Covers
Independently fact-checked against primary sources (last audited September 29, 2026). · 11 primary sources cited on this page. How we verify our legal content

Kansas's minimum wage is $7.25 per hour under K.S.A. 44-1203(a)(2), but the state act does not apply to employers and employees covered by the federal FLSA. Most Kansas workers therefore get $7.25 from federal law, and Kansas cities cannot require a higher general minimum wage.
Information last verified on September 28, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers the Kansas Minimum Wage and Maximum Hours Law (K.S.A. 44-1201 et seq.) and the federal FLSA. It does not cover overtime detail or any other state.
What is the Kansas minimum wage?
K.S.A. 44-1203(a)(2) provides that on and after January 1, 2010, employee wages shall be paid at a rate of not less than $7.25 an hour. The rate is a flat statutory figure with no indexing, and no scheduled change appears in the statute for January 1, 2027.
The catch is coverage. K.S.A. 44-1203(c) states that the section does not apply to any employers and employees covered by the federal FLSA, and 44-1202(d) likewise excludes employers subject to the FLSA from the definition of employer. In practice the state act reaches only employers outside the FLSA. Most Kansas workers get their $7.25 from the federal law instead. See the federal minimum wage page.
How the state act and the FLSA fit together
The FLSA covers employees of enterprises with at least $500,000 in annual sales or business done, and employees of smaller firms engaged in interstate commerce (DOL FAQ; 29 U.S.C. 203(s)(1)(A)). Where both could apply, the higher standard controls (29 U.S.C. 218(a)), but the Kansas figure equals the federal figure. The state act matters for the narrow band of employment outside federal coverage, where 44-1202(e) excludes agriculture, domestic service in a private home, bona fide executive, administrative and professional employees and outside commission salespeople, United States employees, gratuitous nonprofit service, persons 18 or younger employed on an occasional or part-time basis, which 44-1202(h) defines as under 40 hours a week (students 18 or younger working between terms count as part-time regardless of hours), and certain school district administrative staff.
Tipped workers in Kansas
Under K.S.A. 44-1203(b), tips may be counted toward the wage if they are customarily part of remuneration and are actually received and retained. The employer must pay at least $2.13 an hour, and if tips plus that wage fall under $7.25, the employer pays the difference. That implies a $5.12 maximum credit, which matches DOL's tipped table. No monthly tip threshold appears in the state text. Employers may not keep employees' tips under federal law (29 U.S.C. 203(m)(2)(B)).

Youth rates
The state act contains no separate youth wage in the sections reviewed; it excludes persons 18 or younger employed on an occasional or part-time basis, meaning under 40 hours a week (44-1202(h)), from the definition of employee (44-1202(e)). For FLSA-covered employers, federal law permits $4.25 per hour for a newly hired employee under 20 during the first 90 consecutive calendar days, if the work does not displace other workers (29 U.S.C. 206(g)).
Can Kansas City or Wichita set a higher minimum wage?
No. K.S.A. 12-16,130(a)(3) says no city, county or local government unit shall enact or administer any ordinance, resolution or law requiring an employer to pay compensation or wages at any rate higher than the minimum wage, unless higher pay is required by state or federal law. Subsection (b) exempts requirements under state economic development incentive programs and local business attraction, retention or recruitment programs.

Bills to raise the Kansas minimum wage
Bills to change K.S.A. 44-1203 were introduced in the 2025-2026 session, including HB 2151 (a $15 minimum) and SB 471 ($16, and extending the law to FLSA-covered employers). The Kansas Legislature lists both as died in committee. They did not become law, and the statute text still reads $7.25.
How to file a minimum wage claim in Kansas
The Kansas Department of Labor enforces the state act under K.S.A. 44-1206, which authorizes inspection upon a written complaint from an employee. Under 44-1211, an employee may sue in any court and recover the full unpaid wages plus costs and reasonable attorney fees, and the Secretary may take assignment of a wage claim. K.S.A. 44-1210 provides a criminal fine of $250 to $1,000 and treats discharge or discrimination for a complaint as a violation. The state limitations period and the KDOL complaint page were not verified.
For FLSA-covered workers, DOL takes complaints at 1-866-487-9243. An employer that violates the federal minimum wage owes unpaid wages plus an equal amount as liquidated damages (29 U.S.C. 216(b)); a suit generally must start within two years, or three for a willful violation (29 U.S.C. 255(a)), and 29 U.S.C. 215(a)(3) bars retaliation. See Kansas final paycheck laws, Kansas at-will employment laws and unpaid wages.
Disclaimer: This page is general legal information, not legal advice. It covers the Kansas Minimum Wage and Maximum Hours Law and the federal Fair Labor Standards Act (FLSA) as verified on September 28, 2026. For a specific pay situation, consult a lawyer licensed in Kansas or the state labor agency.
Related pages
- Minimum wage by state
- Federal minimum wage rules
- Kansas final paycheck laws
- Kansas at-will employment laws
- Unpaid wages and how to claim them
- Overtime calculator
Last updated: September 28, 2026.
Frequently Asked Questions
What is the minimum wage in Kansas?
$7.25 per hour under K.S.A. 44-1203(a)(2). The state act does not apply to FLSA-covered employers, whose employees are owed the federal $7.25.
Will Kansas's minimum wage go up in 2027?
No scheduled change appears in the statute. Bills such as HB 2151 and SB 471 were introduced in 2025-2026, but they died in committee and are not law.
Why does the Kansas minimum wage law not cover most workers?
K.S.A. 44-1203(c) and 44-1202(d) exclude employers and employees covered by the FLSA, so the federal law applies to them instead.
What is the Kansas tipped minimum wage?
Employers must pay at least $2.13 an hour, and if tips plus that wage fall under $7.25 they pay the difference (K.S.A. 44-1203(b)).
Can Kansas cities set a higher minimum wage?
Not as a general minimum wage. K.S.A. 12-16,130(a)(3) bars local governments from requiring wages above the minimum wage unless state or federal law requires it; subsection (b) exempts requirements under state economic development incentive programs and local business attraction, retention or recruitment programs.
Can I sue for unpaid minimum wage in Kansas?
Yes. K.S.A. 44-1211 lets an employee sue in any court for the unpaid wages plus costs and reasonable attorney fees.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kansas Statutes Annotated, Chapter 44: LABOR AND INDUSTRIES
§ 44-1203Same; minimum wage; computation; applicability of section.In forcecited in 2 of our articles
(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, employee wages shall be paid at a rate of not less than $7.25 an hour. (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 hour.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- Brown v. Ford Storage & Moving Co. (Court of Appeals of Kansas 2010, 43 Kan. App. 2d 304)“…e, but sets the minimum hourly wage employees must be paid. K.S.A. 44-1203. So does the FLSA. 29 U.S.C. § 206 (a)…”
- Attorney General Opinion No. (Kansas Attorney General Reports 2001)“…JLM:DMV:jm 1 29 U.S.C. § 201 et seq . 2 K.S.A. 44-1203 . 3 2001 HB 2130, § 1. 4…”
- Dollison v. Osborne County (Supreme Court of Kansas 1988, 243 Kan. 763)“…ely three times the $1.60 per hour minimum wage required by K.S.A. 44-1203(a). We note, however, that the KMWMHL c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kansas Final Paycheck Laws: Deadline, Penalty, PTO Rules
§ 44-1202Minimum wage and maximum hours law; definitions.In force
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 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 44-1211Liability of employer for payment of wages and overtime compensation; assignment of wage claim to secretary of human resources; attorney fees and costs.In force
(a) On and after January 1, 1978, any employer who pays an employee less than the wages and overtime compensation to which such employee is entitled, under or by virtue of K.S.A. 44-1201 to 44-1213, inclusive, shall be liable to such employee affected for the full amount of such wages and overtime compensation, less any amount actually paid to such employee by the employer, and for costs and such reasonable attorney fees as may be allowed by the court in an action for the recovery of such wages and overtime compensation. Any agreement between such employee and the employer to work for less than the applicable wage rate shall be no defense to such action. Such action may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of such employee or employees.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 44-1210Violations; penalties.In force
(a) On and after January 1, 1978, any employer who is convicted of violating any provisions of K.S.A. 44-1201 to 44-1213, inclusive, or falsifying any record pertaining thereto shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000). (b) On and after January 1, 1978, any employer who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his or her employer or the secretary, or to the authorized representative of the secretary, that he or she has not been paid wages in accordance with K.S.A. 44-1201 to 44-1213, inclusive, or rules or regulations issued thereunder, or because such employee has caused to be instituted, or is about to cause to be instituted, any proceeding under or related to K.S.A. 44-1201 to 44-1213, inclusive, or because such employee has testified or is about to testify in any such proceeding, shall be deemed in violation of K.S.A. 44-1201 to 44-1213, inclusive, and, upon conviction therefor, shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 44-1206Same; authority of secretary of human resources to enter and inspect places of business upon complaint.In force
Only upon receipt of a written complaint from an employee who alleges to have been aggrieved under the provisions of this act on or after January 1, 1978, shall the secretary or the authorized representative of the secretary have authority to enter and inspect any place of business or employment in this state. Such authority shall include the power to examine and inspect all books, registers, payrolls and other records that in any way relate to wages and hours of employees; to copy any such books, registers, payrolls and other records as the secretary or the authorized representative of the secretary may deem necessary or appropriate; and to question employees.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 44-1204Same; overtime compensation; exceptions.In force
(a) On and after January 1, 1978, no employer shall employ any employee for a workweek longer than 46 hours, unless such employee receives compensation for employment in excess of 46 hours in a workweek at a rate of not less than 11/2 times the hourly wage rate at which such employee is regularly employed. (b) No employer shall be deemed to have violated subsection (a) with respect to the employment of any employee who is covered by this section, who is engaged in the public or private delivery of emergency medical services as an emergency medical service provider as defined by K.S.A.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 44-1201Short title.In force
On and after January 1, 1978, K.S.A. 44-1201 to 44-1213, inclusive, shall be known and may be cited as "the minimum wage and maximum hours law."
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Stone v. City of Kiowa (Supreme Court of Kansas 1997, 263 Kan. 502)“…rovisions of the Kansas Minimum Wage and Maximum Hours law, K.S.A. 44-1201 et seq., must fail. The De…”
- Dollison v. Osborne County (Supreme Court of Kansas 1987, 241 Kan. 374)“…of the Kansas Minimum Wage and Maximum Hours Law (KMWMHL). K.S.A. 44-1201 et seq. This statute is th…”
- Lumry v. State, Kansas Bureau of Investigation (Court of Appeals of Kansas 2013, 49 Kan. App. 2d 276)“…apply to any action taken by the KBI. Under the KMWMHL, K.S.A. 44-1201 et seq., ah employers must pay their…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 29
§ 203DefinitionsIn forcecited in 32 of our articles
As used in this chapter— “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States. “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 4,743 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Wisconsin v. Yoder (Supreme Court of the United States 1972, 406 U.S. 205)“…hteen years or detrimental to their health or well-being." 29 U. S. C. § 203 (l). [20] Cf. e. g., Jacobson v…”
- College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board (Supreme Court of the United States 1999, 527 U.S. 666)“…specifically covered the state hospitals in question, see 29 U. S. C. § 203 (d) (1964 ed.), and such coverage was u…”
- Garcia v. San Antonio Metropolitan Transit Authority (Supreme Court of the United States 1985, 469 U.S. 528)“…vernment employees. §§ 6(a)(1) and (6), 88 Stat. 58 , 60, 29 U. S. C. §§ 203 (d) and (x). SATS complied with the FLS…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Minimum Wage 2026: $7.25 an Hour Since 2009, Minimum Wage by State 2026: All 50 States and DC, Alabama Minimum Wage 2026: $7.25 Federal, No State Rate
§ 206Minimum wageIn forcecited in 49 of our articles
Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: except as otherwise provided in this section, not less than— $5.85 an hour, beginning on the 60th day after May 25, 2007; $6.55 an hour, beginning 12 months after that 60th day; and $7.25 an hour, beginning 24 months after that 60th day; if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 6,250 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j) (Court of Appeals for the Third Circuit 1999, 184 F.3d 236)“…wage provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 206 (a), for the work he was compelled to d…”
- Christensen v. Harris County (Supreme Court of the United States 2000, 529 U.S. 576)“…in the private sector of the economy or the public sector. 29 U. S. C. §§ 206 , 207 (1994 ed. and Supp. III). In 1985…”
- Barrentine v. Arkansas-Best Freight System, Inc. (Supreme Court of the United States 1981, 450 U.S. 728)“…a minimum wage under § 6 of the Fair Labor Standards Act, 29 U. S. C. § 206 , may not be waived through a collectiv…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Debt Collection Laws: Garnishment Formula, the 6-Year Consumer Debt Rule, and Repossession, South Dakota Debt Collection Laws: The 20% Garnishment Cap and 120-Day Lien, Wage Theft in the U.S.: Your Rights Regardless of Immigration Status
§ 215Prohibited acts; prima facie evidenceIn forcecited in 33 of our articles
After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person— to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,632 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., Defendants (Court of Appeals for the First Circuit 1979, 600 F.2d 1003)“…available under the FLSA. A relevant starting point may be 29 U.S.C. § 215 (a)(3), which prohibits the retaliatory…”
- United States v. Universal C. I. T. Credit Corp. (Supreme Court of the United States 1952, 344 U.S. 218)“…1060 , *219 1068-1069, as amended, 63 Stat. 910 , 919, 29 U. S. C. §§ 215 , 216 (a), charging the defendant corpo…”
- Mitchell v. Robert DeMario Jewelry, Inc. (Supreme Court of the United States 1960, 361 U.S. 288)“…he three employees in violation of § 15 (a)(3) of the Act, 29 U. S. C. § 215 (a)(3), and' praying for an. order enj…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Whistleblower Laws: Protections and How to Report, Employer Threatening to Call Immigration? Your Rights in the U.S., Connecticut Minimum Wage 2026: $16.94 an Hour ($17.48 in 2027)
§ 216PenaltiesIn forcecited in 46 of our articles
Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 9,526 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):The Supreme Court treats Section 216(b) as the FLSA's private-suit clause. Alden v. Maine (1999) held Article I gives Congress no power to subject nonconsenting states to such private damages suits in their own courts. Christensen v. Harris County (2000) applied Section 216(b)'s requirement that plaintiffs prove a Section 207 violation.
Opinions citing this section in our collection:
- Alyeska Pipeline Service Co. v. Wilderness Society (Supreme Court of the United States 1975, 421 U.S. 240)“…abor Standards Act, § 16 (b), 52 Stat. 1069 , as amended, 29 U. S. C. § 216 (b); Longshoremen's and Harbor Workers…”
- Roadway Express, Inc. v. Piper (Supreme Court of the United States 1980, 447 U.S. 752)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V).” Id., at 6…”
- Hutto v. Finney (Supreme Court of the United States 1979, 437 U.S. 678)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V). [29] See…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Unpaid Wages: How to File a Claim and Recover What You're Owed, Independent Contractor vs. Employee: The IRS, DOL and ABC Tests, Alaska Minimum Wage 2026: $14.00 an Hour, $15.00 in July 2027
§ 218Relation to other lawsIn forcecited in 52 of our articles
No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 312 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinion (Court of Appeals for the Ninth Circuit 2000, 208 F.3d 1144)“…wage, hour, and child labor legislation. See 29 U.S.C. § 218 (a). 1 *1151…”
- United States v. Klinghoffer Bros. Realty Corp., Irving Jacobson and Albert Klinghoffer (Court of Appeals for the Second Circuit 1961, 285 F.2d 487)“…agreement to accept reduced pay is valid, notwithstanding 29 U.S.C. § 218 . White v. Witwer Grocer Co., 8 Cir.,…”
- Pacific Merchant Shipping Ass'n v. Aubry (Court of Appeals for the Ninth Circuit 1990, 918 F.2d 1409)“…han the maximum workweek established under this chapter. 29 U.S.C. Section 218 (a). The employees and the United State…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Minimum Wage 2026: $15.15 Per Hour, $15.65 in 2027, Arkansas Minimum Wage 2026: $11.00 an Hour, Tip Credit Rules, California Minimum Wage 2026: $16.90 an Hour, $17.40 in 2027
§ 255Statute of limitationsIn forcecited in 39 of our articles
Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act 1 See References in Text note below. — if the cause of action accrues on or after May 14, 1947 —may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; if the cause of action accrued prior to May 14, 1947 —may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods; if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b)…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,924 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Kimel v. Florida Board of Regents (Supreme Court of the United States 2000, 528 U.S. 62)“…added to the statute of limitations provision of the FLSA, 29 U. S. C. § 255 , a new subsection (d), which suspended…”
- Oscar Mayer & Co. v. Evans (Supreme Court of the United States 1979, 441 U.S. 750)“…title shall apply to actions under this chapter." Title 29 U. S. C. § 255 provides in relevant part: "Any acti…”
- Phyllis Miller v. Maxwell's International Inc., Dba Maxwell's Plum, Debtor in Possession Carlo Galazzo, Gen. Mgt., Dino La Rosa Don Bohn Don Schupak (Court of Appeals for the Ninth Circuit 1993, 991 F.2d 583)“…o a more generous three-year statute of limitations. See 29 U.S.C. § 255 (a) (1988) (three-year statute of limit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Colorado Minimum Wage 2026: $15.16, $15.71 in 2027, Georgia Minimum Wage 2026: $7.25 Federal, $5.15 State Rate, Hawaii Minimum Wage 2026: $16.00 an Hour, Next Step $18.00 in 2028
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Sources and References
- K.S.A. 44-1203 (minimum wage)(www.kslegislature.gov).gov
- K.S.A. 44-1202 (definitions)(www.kslegislature.gov).gov
- K.S.A. 12-16,130 (local wage preemption)(www.kslegislature.gov).gov
- K.S.A. 44-1206 (inspection upon written complaint)(www.kslegislature.gov).gov
- K.S.A. 44-1210 (violations; penalties)(www.kslegislature.gov).gov
- K.S.A. 44-1211 (employer liability; attorney fees and costs)(www.kslegislature.gov).gov
- Kansas Legislature, 2025-2026 bill HB 2151(www.kslegislature.gov).gov
- Kansas Legislature, 2025-2026 bill SB 471(www.kslegislature.gov).gov
- 29 U.S.C. 206 (minimum wage), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 218 (relation to other laws), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 216 (penalties), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 255 (statute of limitations), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 215 (prohibited acts), Cornell LII(www.law.cornell.edu)
- U.S. Department of Labor Wage and Hour Division, Minimum Wage FAQ(www.dol.gov).gov
- U.S. Department of Labor Wage and Hour Division, file a complaint(www.dol.gov).gov
- U.S. Department of Labor, Minimum Wages for Tipped Employees(www.dol.gov).gov