Kansas tip laws (2026)
Kansas tipped workers get at least $2.13 an hour in cash, with a $5.12 tip credit to reach $7.25. Kansas state wage law excludes FLSA-covered jobs, which follow federal rules instead. State-covered jobs get overtime after 46 hours a week, not 40.
Kansas at a glance
Tip credit allowedKansas: $7.25 an hour minimum wage. Tipped staff can be paid $2.13 cash, with up to $5.12 counted from tips.
| State minimum wage | $7.25/hr | Statewide from .[1] |
|---|---|---|
| Tipped cash wage | $2.13 | Plus up to $5.12 in tips = $7.25.[1] |
| Max tip credit | $5.12 | Counted from tips.[1] |
| Tip pooling | Allowed | Mandatory pools allowed.[2] |
| Card-fee deduction | Pro rata only | Only the tip's share of the fee, under federal rules.[2] |
| Card tip payout | Federally covered card tips are due by regular payday. | Kansas pays at least monthly, with no more than a 15-day lag.[2] |
| Local minimum wages | None | State law blocks local rates.[3] |
Rates verified against the Kansas Department of Labor on . Rates as of . Tipped totals are worked out from the rates above. Download this data (CSV)
02The yes/no sheet
Can you do this in Kansas?
In Kansas you can take a tip credit of up to $5.12 an hour, can require staff to join a tip pool and can take out only the tip's share of a card fee. Each answer below carries its condition and an official source.
| Number | Can you… | Answer | The condition |
|---|---|---|---|
| 01 | Take a tip credit against minimum wage? | Yes | Pay at least $2.13 cash and count up to $5.12 in tips. Tips must cover the gap.[1] |
| 02 | Make staff join a tip pool? | Yes | Allowed, as long as only eligible staff share.[2] |
| 03 | Include bartenders, bussers, runners and hosts? | Depends | Bartender, busser, food runner and host: federal eligibility turns on duties and whether a tip credit is taken. State rules may add limits.[2] |
| 04 | Include cooks and dishwashers? | Depends | Federal law allows cooks and dishwashers in a required pool only if everyone gets full federal minimum wage directly. Stricter state rules still apply.[2] |
| 05 | Give managers or supervisors a share? | No | Federal law bars managers and supervisors from other workers' tips. Tips for service they give directly and alone are separate.[2] |
| 06 | Let an owner keep any of the tips? | No | Federal law bars employers from keeping workers' tips, including through a pool.[2] |
| 07 | Pick your own split (hours, points or percentages)? | Yes (federal) | Federal rule: no federal percentage or amount cap for a valid mandatory pool; eligibility, notice and minimum wage rules still apply.[2] |
| 08 | Take card processing fees out of tips? | Pro rata (federal) | Federal rule: only the actual proportional credit-card transaction fee may be deducted from charged tips; no deduction exceeding that fee or reducing required minimum wages; state law may forbid even that deduction.[2] |
| 09 | Hold card tips until payday? | Deadline | Federally covered card tips are due by regular payday. Kansas pays at least monthly, with no more than a 15-day lag.[2] |
| 10 | Cover walkouts, breakage or register shortages from tips? | No | Not from tips.[2] |
| 11 | Keep a mandatory service charge for the house? | Federal rule | No state rule. Federal rule applies: a compulsory service charge is not an FLSA tip. Amounts distributed to employees are wages that may satisfy wage obligations and must enter the regular rate for overtime. This federal wage classification does not decide contractual or state-law ownership.[2] |
| 12 | Pay tips on a payroll card? | Yes | Allowed. Offer another way to get paid too.[4][5] |
03State vs federal
Kansas vs federal law
Kansas follows the federal baseline on the rules below: $7.25 minimum wage, $2.13 tipped cash wage and up to $5.12 in tip credit.
| Rule | Federal (FLSA) | Kansas | Comparison |
|---|---|---|---|
| Minimum wageSame as federal | Federal$7.25[2] | Kansas$7.25[1] | Same as federal |
| Tipped cash wageSame as federal | Federal$2.13[2] | Kansas$2.13[1] | Same as federal |
| Max tip creditSame as federal | Federal$5.12[2] | Kansas$5.12[1] | Same as federal |
| Managers in the poolFederal applies | FederalManagers/supervisors meeting the executive duties test cannot keep employees’ tips or receive from pools; they may keep only tips received directly for services they directly and solely provide. No salary-level test is used for this tip restriction.[2] | KansasFederal law bars managers and supervisors from other workers' tips. Tips for service they give directly and alone are separate.[2] | Federal applies |
| Kitchen in the poolFederal applies | FederalCooks and dishwashers may join a nontraditional mandatory pool only when all workers receive a direct cash wage of at least the full federal minimum wage and no tip credit is taken; employer/managers/supervisors remain excluded. State law may be stricter.[2] | KansasFederal law allows cooks and dishwashers in a required pool only if everyone gets full federal minimum wage directly. Stricter state rules still apply.[2] | Federal applies |
| Card fees from tipsFederal applies | FederalOnly the actual proportional credit-card transaction fee may be deducted from charged tips; no deduction exceeding that fee or reducing required minimum wages; state law may forbid even that deduction.[2] | KansasFederal rule applies.[5] | Federal applies |
| Card tip payoutState rule | FederalCharged tips due by regular payday, without waiting for processor reimbursement. Employer-administered pools fully distributed by regular payday for the workweek/pay period; if the amount/distribution cannot be determined before payroll, distribute as soon as practicable afterward.[2] | KansasFederally covered card tips are due by regular payday. Kansas pays at least monthly, with no more than a 15-day lag.[2] | State rule |
| Mandatory service chargesFederal applies | FederalA compulsory service charge is not an FLSA tip. Amounts distributed to employees are wages that may satisfy wage obligations and must enter the regular rate for overtime. This federal wage classification does not decide contractual or state-law ownership.[2] | KansasFederal rule applies.[5] | Federal applies |
| Overtime for tipped staffState rule | FederalFor covered nonexempt employees, overtime generally begins after 40 hours in a workweek. Use the full regular rate, at least the full federal minimum wage, not $2.13; the hourly tip credit is not increased for overtime. Voluntary tips above the tip credit are excluded; distributed service charges enter the regular rate.[2] | KansasState-covered workers: overtime generally after 46 hours a week. FLSA-covered workers: after 40, with the federal tipped calculation.[6] | State rule |
Every state starts from the same federal floor. Federal tip law baseline: the FLSA rules, rates and sources, and how Kansas fits among the four tip credit classes.
Not covered here? Ask the Kansas Department of Labor at 785-296-5000 or on dol.ks.gov.
Coverage
Two rulebooks: state-covered vs federally covered jobs
Kansas state wage law excludes FLSA-covered employment. Which side a job falls on changes the overtime line and which tip rules apply.[5][6][2][1]
State-covered jobs
- $2.13 cash wage, tips must reach $7.25
- Overtime generally after 46 hours a week
- Credit counts only tips actually received and kept
FLSA-covered jobs
- $2.13 cash wage with a $5.12 tip credit
- Overtime after 40 hours
- Federal pool, notice and card tip rules
04Wages
Minimum wage and the tip credit in Kansas
In Kansas employers can pay tipped staff $2.13 an hour and count up to $5.12 in tips toward the $7.25 minimum. If tips fall short, the employer makes up the difference.[1]
One server, one slow 30-hour week in Kansas
A busy week with $153.60 or more in tips needs no top-up. Every tip above that is the server's. Fictional worker and tips.
- Tip credit conditions
- State credit needs tips the worker actually received and kept. The employer covers any shortfall. FLSA-covered jobs follow federal rules.[5]
- Overtime
- State-covered workers: overtime generally after 46 hours a week. FLSA-covered workers: after 40, with the federal tipped calculation.[6]
- Side work and dual jobs
- No state rule. Federal rule applies: current 29 CFR 531.56(e) is the restored 1967 occupation-based dual-jobs rule. No tip credit for a separate non-tipped occupation; related duties within the tipped occupation need not themselves produce tips. The vacated 2021 federal 80/20 and 30-continuous-minute limits are not current regulatory limits. FAB 2026-1 withdraws historical opinion letters and confirms WHD enforcement guidance no longer sets specific time limits; it is agency guidance, not a new statute or regulation.[7][8][5]
Other rates
| Rate | Hourly |
|---|---|
| Youth or training Licensed learner/apprentice rateNeeds a state permit. Limits apply on full-time learners and how many an employer can have. Rate set by formula: 80% of minimum wage initially; 90% after two months; full minimum after three months.[9] | $5.80* |
* Worked out by Ferry from the formula, using the $7.25 state minimum wage. Not an official figure.
Scheduled increases
No statewide increase with a published amount is on file as of .
Not covered here? Ask the Kansas Department of Labor at 785-296-5000 or on dol.ks.gov.
06Tip pool
Who can be in the tip pool in Kansas
Kansas allows tip pools, and employers can make them mandatory. Owners, managers and supervisors can't share in them. A tip pool collects tips and splits them among staff; a tip-out is one worker handing part of their tips to others.
| Role | Can share? | Condition |
|---|---|---|
| Front of house | ||
| Server | Depends | Federal eligibility turns on duties and whether a tip credit is taken. State rules may add limits.[2] |
| Bartender | Depends | Federal eligibility turns on duties and whether a tip credit is taken. State rules may add limits.[2] |
| Busser | Depends | Federal eligibility turns on duties and whether a tip credit is taken. State rules may add limits.[2] |
| Food runner | Depends | Federal eligibility turns on duties and whether a tip credit is taken. State rules may add limits.[2] |
| Host | Depends | Federal eligibility turns on duties and whether a tip credit is taken. State rules may add limits.[2] |
| Barback | Depends | Federal eligibility turns on duties and whether a tip credit is taken. State rules may add limits.[2] |
| Expo | Depends | Federal eligibility turns on duties and whether a tip credit is taken. State rules may add limits.[2] |
| Back of house | ||
| Cook | Depends | Federal eligibility turns on duties and whether a tip credit is taken. State rules may add limits.[2] |
| Dishwasher | Depends | Federal eligibility turns on duties and whether a tip credit is taken. State rules may add limits.[2] |
| Leadership | ||
| Shift lead | Depends | Federal eligibility turns on duties and whether a tip credit is taken. State rules may add limits.[2] |
| Manager or supervisor | Not allowed | Federal law bars them from other workers' pooled tips.[2] |
| Owner | Not allowed | Federal law bars them from other workers' pooled tips.[2] |
- Managers and supervisors
- Federal law bars managers and supervisors from other workers' tips. Tips for service they give directly and alone are separate.[2]
- Owners
- Federal law bars employers from keeping workers' tips, including through a pool.[2]
- Back of house
- Federal law allows cooks and dishwashers in a required pool only if everyone gets full federal minimum wage directly. Stricter state rules still apply.[2]
- Who sets the percentages
- No state rule. Federal rule applies: employer may set a valid mandatory pool; for a traditional pool it must notify tipped employees of required contribution amounts.[2][5]
- Cap on what a pool can take
- No state rule. Federal rule applies: no federal percentage or amount cap for a valid mandatory pool; eligibility, notice and minimum wage rules still apply.[2][5]
- Pooling allowed
- Yes.[2]
07Put it to work
Setting up a tip pool in Kansas
Under Kansas rules, 6 of the 10 staff in this example can share a $1,200 pool. The table splits the same pool by percentage, by points and by hours.
| Who | By % | By points | By hours |
|---|---|---|---|
| Maya | $268.29 | $250.00 | $211.78 |
| Jordan | $268.29 | $250.00 | $211.76 |
| Priya | $268.29 | $250.00 | $211.76 |
| Sam | $175.61 | $200.00 | $211.76 |
| Luis | $109.76 | $125.00 | $176.47 |
| Ava | $109.76 | $125.00 | $176.47 |
| Theo | Not in the pool. Out here: this pool includes servers paid with a tip credit. | ||
| Kim | Not in the pool. Out here: this pool includes servers paid with a tip credit. | ||
| Rafa | Not in the pool. Out here: this pool includes servers paid with a tip credit. | ||
| Dana | Not in the pool. Federal law bars them from other workers' pooled tips. | ||
| Total | $1,200.00 | $1,200.00 | $1,200.00 |
Fictional restaurant and staff. The guest-facing staff here are assumed to meet Kansas's condition for sharing (see who can be in the tip pool, above). Percentages and point weights are examples, not a recommendation. Shares are rounded to the cent, and any leftover cent goes to the first server. Run your own numbers in the tip pooling calculator.
Ferry Tip Manager: support pool split by hours
Servers and bartenders pay into the support pool, and Tip Manager splits it by hours worked. Each person sees their share, with no spreadsheet at close.
Who it's for Full-service restaurants that tip out bussers, runners and bar backs
08Service charges
Service charges vs tips in Kansas
Kansas has no service charge rule of its own. Under federal law a mandatory service charge is not a tip, and any part paid to staff counts as wages.
| Question | OptionalTip | MandatoryService charge |
|---|---|---|
| Who sets the amount | The guest | The business |
| Who it belongs to | The worker it was left for, or the pool | No state rule. Federal rule applies: a compulsory service charge is not an FLSA tip. Amounts distributed to employees are wages that may satisfy wage obligations and must enter the regular rate for overtime. This federal wage classification does not decide contractual or state-law ownership.[2][5] |
| Can it go to staff? | Yes, through the pool | Yes. Amounts paid to staff are wages, not tips.[2] |
| How it's taxed (federal) | Tip income the worker reports | Regular wages, with payroll taxes[10][11] |
| Guest notice | None needed | No state rule. Federal law sets no menu or receipt notice rule.[5] |
- Step 1Did the guest choose whether to pay it, and how much?YesIt's a tip. It belongs to staff.NoIt's a mandatory charge. Go to step 2.
- Step 2What does Kansas say?Federal ruleNo state rule. Federal rule applies: a compulsory service charge is not an FLSA tip. Amounts distributed to employees are wages that may satisfy wage obligations and must enter the regular rate for overtime. This federal wage classification does not decide contractual or state-law ownership.[2][5]
- Step 3Check the cityNo city service charge rules on file for Kansas.
- Menu and receipt notice
- No state rule. Federal law sets no menu or receipt notice rule.[5]
- Large-party auto gratuities
- No state rule. Federal rule applies: mandatory automatic gratuities are service charges for federal tax purposes, even when distributed to employees; a label does not make the payment voluntary.[10][11][5]
Local service charge rules
No local service charge rules on file for Kansas.
More on the difference: service charge vs tip.
09Card tips
Card tips in Kansas: fees and payout timing
In Kansas only the tip's share of the card processing fee can come out of a card tip, under federal rules. Payout deadline: federally covered card tips are due by regular payday. Kansas pays at least monthly, with no more than a 15-day lag.
Federal law allows only the actual proportional card fee, without cutting into minimum wage. State deductions need their own lawful basis.[2]
When card tips have to land
- TonightGuest adds a tip On the card, at the table.
- CloseShift is tallied The pool is split by your rules.
- DeadlineKansas rule Federally covered card tips are due by regular payday. Kansas pays at least monthly, with no more than a 15-day lag.[2]
- Last dayFinal pay Due by the next regular payday after a firing or quit. Paid the usual way, or mailed if the worker asks.[12]
Paydays: At least monthly on paydays set in advance. Pay periods generally end no more than 15 days before payday.[4]
Paying tips on a payroll card
- Allowed?Yes
- Worker consent needed?Yes (federal)No state rule. Federal rule applies: yes. The employer cannot require its payroll card.[13][5]
- Free way to get the money?State ruleOne free withdrawal of full net wages per period. No setup, loading or participation fees except card replacement. Workers get program info first.[4]
- Must you offer another option?YesFederal rule. Kansas 44-314 also covers pay for workers who don't name a direct deposit account.[13]
- Holding cash tipsFederal ruleNo state rule. Federal rule applies: employer may collect to administer a valid pool, then distribute under the regular-payday rule. No broader authorization to retain cash tips is established.[2][5]
- Tips shown on the pay stubNo (federal)No state rule. Federal rule applies: no. FLSA does not require pay stubs; state laws and employer records are separate.[14][5]
Ferry Pay: each tip share, paid out digitally
Each person's direct tips, tip outs and payable amount in one view, then paid through Ferry Pay. No cash to keep on hand for payouts. Eligibility and fees apply.
Who it's for Operators who want to stop the nightly cash run
“Since launching this card program, we've reduced our cash-carrying costs by over 66 percent”
10Records
Records and notices in Kansas
Keep each tipped worker's tips and hours on record, shift by shift. Kansas: at least three years for state minimum-wage payroll records under KSA 44-1209; FLSA recordkeeping may substitute for covered employers.
Kansas State
- Tip records State-covered employers keep hours, wages and gratuity credit records. Workers can ask for a statement listing deductions.[9]
- How long to keep them At least three years for state minimum-wage payroll records under KSA 44-1209; FLSA recordkeeping may substitute for covered employers.[15]
- Tip credit notice Required. Federal notice covers cash wage, credit, actual-tip limit, retention and pooling. On request, Kansas employers share pay, payday and deduction info.[2]
Everywhere Federal
- Tip records Maintain employee identity, time and pay records. Tip-credit employers additionally retain tipped employee, reported tips, credit amounts and hours/earnings by tipped and nontipped occupation. No-tip-credit employers operating mandatory pools record each recipient and weekly/monthly tips. IRS daily records/reporting are separate obligations.[2]
- How long to keep them FLSA: payroll records at least three years; underlying wage-computation records two years. Tax retention is separate.[16]
- Tip credit notice Oral or written notice must state cash wage; tip credit amount; credit cannot exceed actual tips; employee retains tips except valid traditional pool; credit unavailable until informed. Traditional pool contribution amounts also disclosed.[2]
- A written pool policy Good practice, not a federal rule: who's in, how it splits, when it pays. Share it with staff. How to write one.
Not covered here? Ask the Kansas Department of Labor at 785-296-5000 or on dol.ks.gov.
Think your tips were handled wrong in Kansas?
Workers in Kansas can file a tip or wage claim with the Kansas Department of Labor (785-296-5000). Filing is free, and this page can't settle a dispute; the state can.[17]
- Phone
- 785-296-5000[17]
- Website
- dol.ks.gov
Retaliation: KSA 44-1210(b) prohibits retaliation for state minimum-wage complaints and proceedings. FLSA complaint protections may apply even outside FLSA wage coverage.[18]
Penalties: Willful nonpayment can add 1% a day after a grace period, capped at 100% of unpaid wages. State minimum wage remedies differ.[12]
Can they take this out of my tips?
- Walkouts and dine-and-dashNot allowedFederal law bars employers from using workers' tips for business costs. Kansas separately restricts ordinary wage deductions.[2]
- BreakageNot allowedFederal law bars employers from using workers' tips for business costs. Kansas separately restricts ordinary wage deductions.[2]
- Register shortagesNot allowedFederal law bars employers from using workers' tips for business costs. Kansas separately restricts ordinary wage deductions.[2]
- UniformsNot allowedFederal law bars employers from using workers' tips for business costs. Kansas separately restricts ordinary wage deductions.[2]
- Card processing feesDependsK.S.A. 44-319 requires legal authority or a qualifying authorization. Employer-loss deductions differ from uniform purchase deals. Federal tip limits remain.[2]
- A manager's shareNot allowedFederal law bars employers and managers from taking workers' tips.[2]
11Law changes
What changed in Kansas tip law, and what's coming
No statewide increase with a published amount is on file for Kansas as of .
No changes to Kansas tip or wage rules on file for the last 24 months.
Bills and ballot measures
Nothing pending as of .
Key statutes
- KSA 44-1203/1204/1206
- KSA 44-314/315/319/320
- KSA 12-16,130
- KAR 49-30-1(r), 49-31-5(a), 49-31-7
12FAQ
Kansas tip law questions
Plain answers to the 7 questions restaurant owners and staff ask most about Kansas tip law, each linked to its source.
What is Kansas's tipped minimum wage?
Does Kansas wage law cover every restaurant?
No. The state minimum wage section excludes employers and workers covered by the FLSA. Federal wage rules apply to those jobs.[5]
When does overtime start in Kansas?
Can wages go on a payroll card?
When is final pay due?
By the next regular payday after a firing, resignation or quit. The worker can ask for it to be mailed.[12]
Can the employer deduct a cash shortage?
Only with a lawful statutory or authorization basis. A general signed form doesn't create blanket permission to pass business losses to workers.[19]
Can a manager get pooled tips?
No. Federal law bars managers and supervisors from other workers' pooled tips. Tips for service they give directly and alone are separate.[2]
13Compare
How Kansas compares with nearby states
Kansas borders Colorado, Missouri, Nebraska and Oklahoma. Colorado, Missouri and Nebraska pay a higher minimum wage than Kansas's $7.25. Running locations on both sides of a line? Each one follows its own state's rules.
Neighboring states
States with the same rules
Same tip credit class as Kansas: Tip credit, federal cash wage.
- Indiana tip laws$7.25 min wage $2.13 tipped cash wage Also a $2.13 tipped cash wage, and only the tip's share of card fees
- North Carolina tip laws$7.25 min wage $2.13 tipped cash wage Also a $2.13 tipped cash wage, and only the tip's share of card fees
- Utah tip laws$7.25 min wage $2.13 tipped cash wage Also a $2.13 tipped cash wage, and only the tip's share of card fees
- Virginia tip laws$12.77 min wage $2.13 tipped cash wage Also a $2.13 tipped cash wage, and only the tip's share of card fees
- Kentucky tip laws$7.25 min wage $2.13 tipped cash wage Also a $2.13 tipped cash wage
- Texas tip laws$7.25 min wage $2.13 tipped cash wage Also a $2.13 tipped cash wage
The law decides who's in. Ferry runs the split.
See how operators set pool rules in Ferry Tip Manager and pay tips out without a cash run. Bring your own Kansas setup.
14Sources
Sources for Kansas tip laws
Every figure on this page links to one of these 19 sources: 12 for Kansas and 7 for the federal baseline. They are statutes, regulations and government agency pages, each with the date it was checked.
- 1Minimum Wages for Tipped Employees July 1 2026United States Department of Labor · Official source · Page updated · Checked Pinpoint: Kansas row; footnote 12 excludes FLSA-covered employment from state lawwww.dol.gov/agencies/whd/state/minimum-wage/tipped
What the source says
“Kansas 12 $7.25 $5.12 $2.13 Not specified”
- 2Fact Sheet 15 Tipped Employees Under the FLSAUnited States Department of Labor · Official source · Checked Pinpoint: Federal Tip pooling; Federal Fact Sheet 15, Traditional/Other Tip Pooling; Tip Credit, paragraph 2www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa
What the source says
“The FLSA allows employers to require employees to share or “pool” tips with other eligible employees.”
“As explained below, the rules governing tip pools depend on whether the employer pays a direct (or cash) wage equal to the full minimum wage to tipped employees or not.”
“An employer may not receive tips from such a tip pool and may not allow managers and supervisors to receive tips from the pool.”
- 3Kansas Statutes 12-16,130 Local Wage PreemptionKansas Office of Revisor of Statutes · Official source · Checked Pinpoint: 12-16,130(a)(3); 12-16,130www.kslegislature.gov/b2025_26/laws/012_000_0000_chapter/012_016_0000_article/012_016_0130_section/012_016_0130_k
What the source says
“pay compensation or wages at any rate higher than the minimum wage unless the payment of higher compensation or wages is required by state or federal law;”
“minimum wage”
- 4Kansas Statutes 44-314 Pay Periods and Payment MethodsKansas Office of Revisor of Statutes · Official source · Checked Pinpoint: 44-314(a),(h); 44-314(b)(4); 44-314(d),(e),(f)www.kslegislature.gov/b2025_26/laws/044_000_0000_chapter/044_003_0000_article/044_003_0014_section/044_003_0014_k
What the source says
“at least once during each calendar month, on regular paydays designated in advance by the employer.”
“by payroll card.”
“at least one means of fund access withdrawal per pay period at no cost to the employee”
- 5Kansas Statutes 44-1203 Minimum Wage and TipsKansas Office of Revisor of Statutes · Official source · Checked Pinpoint: 44-1203(a)(2); 44-1203(b),(c)www.kslegislature.gov/b2025_26/laws/044_000_0000_chapter/044_012_0000_article/044_012_0003_section/044_012_0003_k
What the source says
“on and after January 1, 2010, employee wages shall be paid at a rate of not less than $7.25 an hour.”
“if the employee concerned actually received and retained such tips and gratuities.”
“actually received and retained such tips and gratuities.”
- 6Kansas Statutes 44-1204 OvertimeKansas Office of Revisor of Statutes · Official source · Checked Pinpoint: 44-1204(a); state/federal coverage distinctionwww.kslegislature.gov/b2025_26/laws/044_000_0000_chapter/044_012_0000_article/044_012_0004_section/044_012_0004_k
What the source says
“no employer shall employ any employee for a workweek longer than 46 hours”
- 7Tip Regulations under the Fair Labor Standards Act (FLSA)U.S. Department of Labor · Official source · Checked Pinpoint: Regulatory History 2020-2024, item 3; Regulatory History, item 4; Tip regulation topics listwww.dol.gov/agencies/whd/flsa/tips
What the source says
“a federal court vacated the revision, with the effect of reinstating the Department’s original dual jobs regulation.”
“On December 16, 2024, the Department announced a technical rule to restore the original dual jobs regulation at 29 CFR 531.56(e) .”
“29 CFR 531.56(e) ); and Calculating overtime pay for tipped employees ( 29 CFR 531.60 ).”
- 8Field Assistance Bulletin No. 2026-1U.S. Department of Labor · Official source · Page updated · Checked Pinpoint: p. 1, introductory paragraphs; p. 1, introductionwww.dol.gov/sites/dolgov/files/WHD/fab/fab2026-1.pdf
What the source says
“These withdrawn opinion letters and the FOH provision that implemented them should no longer be relied upon as WHD enforcement guidance.”
“withdrawn on January 14, 2025 (see WHD FOH Revision 785), no longer reflects the Division’s policy or interpretation of the Act.”
“This Field Assistance Bulletin (FAB) withdraws Wage and Hour Division (WHD or Division) Opinion Letters FLSA-895 (Aug. 8, 1979); WH-502 (Mar. 28, 1980); and FLSA-854, 1985 WL 1259240 (Dec. 20, 1985).”
- 9Kansas Administrative Regulations 2022 Volume 3 Department of LaborKansas Secretary of State · Official source · Page updated 2022 · Checked Pinpoint: KAR 49-31-5(c)(2), printed p. 602/PDF p. 612; KAR 49-31-7(3); 49-30-1(r), 49-31-5(a), 49-31-7www.sos.ks.gov/publications/KAR/2022/2022_KAR_Volumes_Book_3.pdf
What the source says
“Upon hiring—80% of minimum wage after 2 months—90% of minimum wage after 3 months—minimum wage”
“Tips or gratuities received by employees which are claimed as credit within the provisions of K.S.A. 44-1203.”
“49-31-5.”
- 10Tip recordkeeping and reportingInternal Revenue Service · Official source · Checked Pinpoint: Service charges are not tips, paragraph 2; qualified tips deduction, net-income limit; tip income, Social Security/Medicarewww.irs.gov/businesses/small-businesses-self-employed/tip-recordkeeping-and-reporting
What the source says
“Service charges (also referred to as “auto-gratuities”), when distributed to an employee, are generally treated as wages paid by the employer to the employee rather than tips paid by the customer.”
“For self-employed individuals, the deduction may not exceed the individual’s net income (without regard to this deduction) from the trade or business in which the tips were earned.”
“These amounts are subject to federal income tax and generally are also subject to Social Security and Medicare taxes.”
- 11Revenue Ruling 2012-18Internal Revenue Service · Official source · Page updated 2012 · Checked Pinpoint: Q 1/A 1, four distinguishing factors; p. 1, ruling headingwww.irs.gov/pub/irs-drop/rr-12-18.pdf
What the source says
“compulsion; (2) the customer must have the unrestricted right to determine the amount; (3) the payment should not be the subject of negotiation or dictated by employer policy; and (4) generally, the customer has the right to determine who receives the payment.”
“Rev. Rul. 2012-18”
- 12Kansas Statutes 44-315 Final Wages and PenaltiesKansas Office of Revisor of Statutes · Official source · Checked Pinpoint: 44-315(a); 44-315(b); separate 44-1211 wage remedywww.kslegislature.gov/b2025_26/laws/044_000_0000_chapter/044_003_0000_article/044_003_0015_section/044_003_0015_k
What the source says
“not later than the next regular payday upon which he or she would have been paid if still employed”
“or in an amount equal to 100% of the unpaid wages, whichever is less.”
- 13What is a payroll card?Consumer Financial Protection Bureau · Official source · Page updated · Checked Pinpoint: definition, paragraph 1; paragraph following definition; Federal Regulation E explanationwww.consumerfinance.gov/ask-cfpb/what-is-a-payroll-card-en-401
What the source says
“A payroll card is a prepaid card arranged by an employer for the purpose of paying its employees’ wages or salary.”
“Your employer can’t require you to receive your wages on a payroll card.”
“Your employer has to offer you at least one alternative to a payroll card.”
- 14Questions and Answers About the FLSA, DOL WHDU.S. Department of Labor · Official source · Checked Pinpoint: Recordkeeping and Notices, Are pay stubs required?www.dol.gov/agencies/whd/flsa/faq
What the source says
“However, the FLSA does not require an employer to provide employees pay stubs.”
- 15KSA 44-1209 Recordkeeping requirementsKansas Legislature · Official source · Checked www.kslegislature.gov/b2025_26/laws/044_000_0000_chapter/044_012_0000_article/044_012_0009_section/044_012_0009_k
What the source says
“shall make and keep, for a period of not less than three (3) years”
- 16Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA)U.S. Department of Labor · Official source · Page updated · Checked Pinpoint: Posting, paragraph 1www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping
What the source says
“Each employer shall preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records.”
“Employers must display an official poster outlining the provisions of the Act, available at no cost from local offices of the Wage and Hour Division and toll-free, by calling 1-866-4USWage (1-866-487-9243).”
“Records on which wage computations are based should be retained for two years,”
- 17State Labor Offices: Kansas contactU.S. Department of Labor · Official source · Checked Pinpoint: Kansas contact row; Kansas row phonewww.dol.gov/agencies/whd/state/contacts
What the source says
“Department of Labor”
“www.dol.ks.gov”
“785-296-5000”
- 18KSA 44-1210 Violations penalties and retaliationKansas Legislature · Official source · Checked Pinpoint: 44-1210(b)www.kslegislature.gov/b2025_26/laws/044_000_0000_chapter/044_012_0000_article/044_012_0010_section/044_012_0010_k
What the source says
“any employer who discharges or in any other manner discriminates against any employee because such employee has made any complaint”
- 19Kansas Statutes 44-319 Withholding WagesKansas Office of Revisor of Statutes · Official source · Checked www.kslegislature.gov/b2025_26/laws/044_000_0000_chapter/044_003_0000_article/044_003_0019_section/044_003_0019_k
15Methodology
How we research these pages
Every figure on this page comes from an official source, a statute, a regulation or a government agency page, and links to it where it is used. Ferry checks the page against those sources on a schedule and logs every change.
- 1
Official sources only
Statutes, regulations, state labor agencies, city ordinances and the U.S. Department of Labor. No vendor blogs, no AI answers, no secondary summaries as the only source.
- 2
Every figure is linked
Each rate and rule carries a numbered link to the statute or agency page behind it, with the exact pinpoint and, where available, a link that opens at the sentence itself.
- 3
Re-checked on a schedule
Every page is re-checked each January and July, and whenever a state or city changes a rate. Cash wage plus tip credit is checked against the minimum wage on every build.
- 4
Gaps are left out, not guessed
If a rule can't be confirmed from an official source, it isn't shown. The page points to the state agency instead.
What changed on this page
- First version of this page. Every figure was checked against the official sources listed on this page.
Researched by Ferry's tip operations research team. Last reviewed .
Changes to the law itself are listed in What changed and what's coming.
16Every state
Tip laws in every state
Pick any state for its tip credit, tip pool, service charge and card tip rules. Each chip shows the state's tip credit class.
- No tip creditNo tip credit
- Above $2.13Tip credit, cash wage above federal
- $2.13 cashTip credit, federal cash wage
- FederalFederal rates apply
51 of 51 state pages. Open the master guide for the federal baseline, tip credit classes and the full comparison table.