Federal & State Regulations | Employment contracts - Kansas

Summary of differences between federal and state regulations

Federal law generally does not regulate employment contracts between employers and employees with one exception: contracts that require the joining or refraining from joining of a labor union as a condition of employment. On the federal level, these contracts are governed by the National Labor Relations Act. States may have a corresponding provision and may also have additional provisions regarding employment contracts.

Kansas law has a similar provision to federal in regard to union memberships. It also has additional provisions concerning employment contracts.

Union membership

An employer cannot require an individual to enter into any employment contract or agreement which denies or continues employment based on the individual’s membership or non-membership in a labor union.

Rights to invention

Kansas law provides that any provision in an employment agreement which provides that an employee shall assign the employee's rights in an invention to the employer shall not apply to an invention for which no equipment, supplies, facilities or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless the invention relates to the business of the employer or the invention results from any work performed by the employee for the employer. Any written agreement between the employer and employee must state this.

Right to enter into employment contract

Kansas law recognizes the right of every person to make his or her own choice of employment and to enter into fair, just and reasonable contracts and agreements of employment. If in any proceeding before the Secretary of Human Resources the Secretary finds the terms or conditions of any such contract or agreement to be unfair, unjust or unreasonable, the Secretary may modify the terms and conditions of the contract so that they will remain fair, just and reasonable and will enforce such orders.