LIVING WAGE

Kansas City Code ch. 38, art. IV

in effect

Kansas City Code § 38-200 Authority.

Sec. 38-200. - Authority. This article is enacted pursuant to its general police powers and the authority to provide for the general health and welfare of its citizens as established by the Missouri Constitution, article VI, section 19(a), giving a charter city all powers which are consistent with the Missouri Constitution and that are not limited or denied by the city Charter or by statute. (Ord. No. 170391, § 6, 5-18-17)

Kansas City Code § 38-201 Definitions.

Sec. 38-201. - Definitions. Apprentice means a person bound to serve another for a specified time in order to learn some art, trade, profession, or business. Base wage means the minimum hourly rate of compensation that an employee who customarily and regularly receives more than $30.00 a month in tips shall be paid pursuant to this article; Commission means a payment based on a percentage of the value of sales or other business done; Living wage means the minimum hourly rate of compensation that an employee shall be paid; and Tip means a gratuity earned by an employee for providing good service. (Ord. No. 170391, § 6, 5-18-17)

Kansas City Code § 38-202 Applicability.

Sec. 38-202. - Applicability. (a) This article shall be effective within the corporate limits of the city, established by article 1, section 101 of the Kansas City, Missouri Charter. (b) Employees of the city shall be paid the living wage established by section 38-204 of this article. However, the provisions of this subsection are expressly limited by and subject to collective bargaining agreements between the city and any bargaining unit. (c) As of the effective date of this article, contracts entered into by the city for services, including construction services, shall require the contractor to pay the living wage established by this article. (d) Businesses required by the city to have a business license from the city shall pay the living wage established by this article. (e) For purposes of identifying who shall be paid the living wage established by this article, all individuals employed in the corporate limits of the city, whether on a part-time, full-time or temporary basis, shall be considered to be an employee for purposes of this article. Also considered an employee for purposes of this article are contingent or contracted workers, and persons working through a temporary service, staffing or employment agency or similar entity. However, the following shall not be considered employees entitled to the living wage established by this article: (1) An individual employed by the United States, the state or any political subdivision of the state other than by the city; (2) An individual engaged in the activities of an educational, charitable, religious or nonprofit organization where the employer-employee relationship does not, in fact, exist or where the services rendered to such organizations are on a voluntary basis; (3) Apprentices in a registered apprentice program recognized by the state or the Federal Bureau of Apprenticeship and Training, as well as any apprentice participating in an apprenticeship program providing significant instructional and practical experience and offered by the city of Kansas City, Missouri. (4) Temporary employees of an educational, charitable or religious youth camp or retreat where room and board are provided to the employee, or if a day camp, where board only is provided. To qualify under this exemption the employer must hold a valid certificate issued annually by the director of the state department of labor pertaining to exemption of seasonal employees; (5) Any employee that is the parent, spouse, child or other member of the employer's immediate family; for purposes of this subsection, the employer shall include the principal stockholder of a family corporation; (6) Interns working for a business for academic credit in connection with a course of study at an accredited school, college or university; and (7) Persons working for a business in connection with a court-ordered community service program. (Ord. No. 170391, § 6, 5-18-17)

Kansas City Code § 38-203 Findings.

Sec. 38-203. - Findings. (a) The city council finds that the public welfare, health, safety and prosperity of citizens of the city requires that citizens be paid a living wage sufficient to ensure a decent and healthy life; (b) The city council finds that establishing a mandatory minimum hourly wage will promote the public welfare, health, safety and prosperity by ensuring that citizens can better support and care for their families through their own efforts; (c) The city council finds that when businesses do not pay adequate wages, the community bears the cost in the form of increased demand for taxpayer-funded social services; (d) The city council finds that it is in the public interest to require that employers benefiting from the opportunity to do business in the city pay employees a living wage that is adequate to meet the basic needs of living in the city. (Ord. No. 170391, § 6, 5-18-17)

Kansas City Code § 38-204 Living wage payment requirements.

Sec. 38-204. - Living wage payment requirements. (a) Except as provided in subsection (b), the living wage paid to an employee not excluded as set forth above, shall be $10.00 per hour, effective August 24, 2017. Beginning September 1, 2019, the living wage shall be increased by $1.25 each year thereafter for the next four years. The city shall post the living wage established by this article on its website after this article becomes effective and at least 90 days prior to each adjustment of the living wage. (b) An employee who customarily and regularly receives more than $30.00 a month in tips and/or commissions shall be paid at least a base wage equivalent to 60 percent of the living wage established by this article. Initially the base wage rate shall be $6.00. That wage will increase simultaneously and proportionately with each living wage increase. The employer may consider tips and commissions as part of wages, but the tips and commissions combined with the employer's payment of wages to the employee shall not equal less than the living wage as provided in subsection (a) of this section. In the event an employee earns insufficient tips and/or commissions combined with the base wage to receive a wage at least equal to the living wage established by this article, the employer shall pay the employee the difference to ensure the employee receives a wage equal to the living wage established by this article. All tips received by such employee shall be retained by the employee, except that nothing in this section shall prohibit the pooling of tips among employees. Where employees practice tip pooling or splitting (as where staff give a portion of their tips to bus persons), only the amount actually retained by each employee shall be considered part of that employee's wages. (Ord. No. 170391, § 6, 5-18-17)

Kansas City Code § 38-205 Prohibition against retaliation and circumvention.

Sec. 38-205. - Prohibition against retaliation and circumvention. It shall be unlawful for any employer or employer's agent or representative to discharge, demote, deny promotion to or in any way discriminate against an employee in the terms or conditions of employment in retaliation for the person asserting a claim or right pursuant to this article or assisting another person to do so. (Ord. No. 170391, § 6, 5-18-17)

Kansas City Code § 38-206 Remedies and penalties.

Sec. 38-206. - Remedies and penalties. (a) A person violating this article shall be subject to a fine of $500.00. Any person violating any of the requirements of this article shall be guilty of a separate offense for each day or portion thereof and for each worker or person as to which any such violation has occurred. (b) The city, any individual aggrieved by a violation of this article, or any entity whose members have been aggrieved by a violation of this article, may bring a civil action in a court of competent jurisdiction to restrain, correct, abate or remedy any violation of this article and, upon prevailing, shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, reinstatement, the payment of any wages due, an additional amount as liquidated damages equal to twice the amount of any wages due, injunctive relief, and reasonable attorney's fees and costs. (c) The remedies provided in this article are not exclusive, and nothing in this article shall preclude any person from seeking any other remedies, penalties, or relief provided by law. (Ord. No. 170391, § 6, 5-18-17)

Kansas City Code § 38-207 Prospective application.

Sec. 38-207. - Prospective application. Nothing in this article shall be deemed to nor shall be applied in such a manner so as to have a constitutionally prohibited effect as an ex post facto law or impairment of an existing contract within the meaning of the Missouri Constitution, article I, section 13. (Ord. No. 170391, § 6, 5-18-17)

Kansas City Code § 38-208 Severability.

Sec. 38-208. - Severability. The requirements and provisions of this article are severable. In the event that any requirement, provision, part, subpart or clause of this article, or the application thereof to any person or circumstance, is held by a court of competent jurisdiction to be invalid or unenforceable, it is the intent of the council that the remainder of this article be enforced to the maximum extent possible consistent with the objective of ensuring a living wage. (Ord. No. 170391, § 6, 5-18-17)

Kansas City Code § 38-209 Notice posting.

Sec. 38-209. - Notice posting. Any holder of a city business license shall, as a condition of obtaining or holding a business license, post and display in a prominent location next to its business license a notice that the business is in compliance with the provisions of this article and shall include the text of sections 38-202 and 38-204 of this article. Failure to comply with this section shall be construed as a violation of this article and, in addition, shall be considered grounds for suspension, revocation, or termination of the business license. (Ord. No. 170391, § 6, 5-18-17)

Kansas City Code § 38-210 Procedure.

Sec. 38-210. - Procedure. A complaint form for use in reporting violations of this article shall be available on the city webpage for use in reporting violations. (Ord. No. 170391, § 6, 5-18-17)

Kansas City Code § 38-211 Effective date.

Sec. 38-211. - Effective date. This article shall become effective August 24, 2017, contingent upon voter approval at an election to be held on August 8, 2017. (Ord. No. 170391, § 6, 5-18-17)

Source: City of Kansas City, Missouri, Code of Ordinances, Charter and Zoning and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/mo/kansas_city/codes/code_of_ordinances?nodeId=PTIICOOR_CH38CIRI_ARTIVLIWAFetched: 10/28/2026