Compliance Watch:
What are my overtime rights in Kansas?

2024

Overtime regulations are designed to protect employees from exploitation and ensure fair working conditions. In Kansas, both federal and state laws govern overtime policies, ensuring that employees receive fair compensation for any work performed beyond their regular hours.

This article explores the laws, rules, and common practices in Kansas regarding overtime work, addressing frequently asked questions. The goal is to empower employees with a clear understanding of their overtime rights, giving them the confidence to navigate their careers effectively.

This Article Covers

Understanding Overtime in Kansas
Common Questions About Overtime in Kansas
Legal Working Hours in Kansas
Overtime Eligibility in Kansas
Overtime Payment Calculations in Kansas
Receiving Overtime Payment in Kansas
Violations of Overtime Law in Kansas

Understanding Overtime in Kansas

Is overtime pay mandatory in Kansas?

In Kansas, employees must be paid for overtime work unless they are exempt or their employer is not subject to overtime laws. Kansas follows federal overtime laws outlined in the Fair Labor Standards Act (FLSA), which mandates that covered, non-exempt employees receive overtime pay. This applies to most employees and employers, including businesses with significant annual sales, hospitals, and educational institutions. While Kansas does not have state-specific overtime laws, the Kansas Wage Payment Act (KWPA) ensures employees are paid all wages due, including overtime, as required by the FLSA. Although KWPA mentions overtime due after 46 hours within a week, the federal requirement of overtime after 40 hours takes precedence for most employers and employees.

When do I qualify for overtime pay in Kansas?

In Kansas, employees and employers adhere to both federal and state labor laws regarding overtime pay. Under the FLSA, non-exempt employees are entitled to overtime pay for any hours worked over 40 in a workweek. This federal standard applies to most employees and employers, including those with significant annual sales or involved in interstate commerce. Specific types of employers covered under the FLSA include:

  • Businesses with annual gross sales of at least $500,000
  • Hospitals and medical institutions
  • Educational institutions, such as schools and universities
  • Government agencies

Kansas does not have its own state-specific overtime laws that differ from the FLSA. However, the Kansas Wage Payment Act (KWPA) ensures that employees are paid all wages due, including overtime, as required by the FLSA. It is important to note that there is a mention in the state law regarding overtime being due after 46 hours within a week. This discrepancy often creates confusion, but generally, the federal requirement of overtime after 40 hours takes precedence for most employers and employees. To determine whether state or federal overtime requirements apply, consider the following factors:

  1. Coverage Under the FLSA If your employer falls under the coverage of the FLSA, which includes most employers with significant annual sales or involved in interstate commerce, the federal requirement of overtime pay after 40 hours in a workweek applies.
  2. State Law Considerations While Kansas state law mentions overtime due after 46 hours in a week, this is less commonly applied and generally does not override the FLSA requirements. The FLSA’s standard of overtime pay after 40 hours is the more stringent requirement and is usually enforced.
  3. Employer Policies Some employers may choose to adhere strictly to federal guidelines or implement their own policies that are more favorable to employees, such as paying overtime after fewer hours worked. Employees should check their employment contracts or employee handbooks for specific overtime policies.

In most cases in Kansas, the FLSA’s requirement of paying overtime after 40 hours in a workweek will apply. Employers are required to follow the more stringent regulation, which in this case is the federal law.

Additionally, Kansas does not require special pay rates for work performed on weekends, nights, or holidays unless these hours contribute to a total exceeding 40 hours in a week. Employers, however, have the discretion to adopt their overtime policies that may include higher rates for work during these times, provided these policies meet or exceed the minimum requirements set by federal and state laws.

How much is overtime pay in Kansas?

In Kansas, employees must be paid at least one and a half times their regular rate for overtime work. This applies to any hours worked beyond the 40-hour limit set by the Fair Labor Standards Act (FLSA) in a week. For example, if an employee earns $20 per hour regularly, their overtime rate would be $30 per hour.

The minimum wage in Kansas is $7.25 per hour, which aligns with the federal minimum wage. Therefore, the minimum overtime wage in Kansas is $10.88 per hour (1.5 times $7.25). 

While the FLSA does not mandate double-time pay, Kansas employers have the flexibility to negotiate additional overtime compensation or even double-time pay with their employees or union representatives. This can be part of employment contracts or collective bargaining agreements, ensuring that employees are fairly compensated for extra work beyond the standard requirements.

Which laws govern overtime in Kansas?

Employees in Kansas, like those in many other states, are entitled to fair compensation for all the work they perform. Kansas follows federal guidelines for overtime, specifically under the Fair Labor Standards Act (FLSA). Here are the critical points of the FLSA as they apply in Kansas:

  • Non-Exempt Employees: Non-exempt employees must be paid overtime for any hours worked beyond 40 in a given workweek. This aligns with the federal standard and ensures workers are compensated fairly for extended work hours.
  • Overtime Pay Rate: Overtime pay is mandated to be at least one and a half times the regular pay rate. This means if a non-exempt employee’s normal hourly wage is $10, their overtime rate would be $15 per hour.
  • Work Hours and Overtime: Overtime is not required for work done on weekends, nights, or holidays unless the total hours worked exceed 40 in the workweek. This stipulation ensures that extra pay is due only when the weekly threshold is crossed, maintaining a consistent policy.
  • Maximum Work Hours: There is no legal cap on the number of hours an employee can be asked to work in a week. However, any hours exceeding 40 must be compensated at the overtime rate. This allows employers some flexibility while safeguarding employees’ welfare.
  • Workweek Definition: The FLSA defines a workweek as a fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods. This does not necessarily align with the traditional calendar week and can start on any chosen day. Employers in Kansas have the flexibility to set different work weeks for their employees, which can help in managing business operations effectively.

Kansas state laws supplement the FLSA by ensuring that employees are aware of their rights and that employers comply with federal regulations. For example, Kansas employers are required to keep accurate records of hours worked and wages paid to ensure transparency and fairness. Additionally, the Kansas Department of Labor provides resources and support to both employees and employers to help navigate these regulations.

Further details about overtime in Kansas can be found in Kansas Overtime Laws.

Common Questions About Overtime in Kansas

Do employers have to pay overtime in Kansas?

In Kansas, employers governed by the Fair Labor Standards Act (FLSA) must compensate non-exempt employees for all overtime worked. The FLSA is a federal law that sets minimum wage, overtime pay, recordkeeping, and youth employment standards for employees in both the private and public sectors. Under the FLSA, non-exempt employees are entitled to overtime pay at a rate of one and a half times their regular pay rate for any hours worked beyond 40 in a given workweek.

The FLSA applies to most businesses, including those with annual sales exceeding $500,000 or engaged in interstate commerce activities. This includes businesses involved in producing goods for interstate commerce, handling, selling, or working on goods or materials that have been moved in or produced for interstate commerce.

The broad scope of ‘interstate commerce’ means that even local businesses are typically covered by the FLSA. For example, a small business in Kansas that uses the telephone to make out-of-state calls, accepts credit card payments, ships products to other states, or even orders supplies from out of state falls under the FLSA’s jurisdiction. Consequently, such businesses are required to pay overtime at one and a half times the regular pay rate for hours worked beyond 40 in a workweek, ensuring fair compensation for employees working additional hours.

Kansas also has its own state law regarding overtime, which specifies that overtime is due after 46 hours within a week. However, the federal requirement of overtime pay after 40 hours in a workweek generally takes precedence for most employers and employees, as it is the more stringent standard.

Can an employee refuse to work overtime in Kansas?

In Kansas, employers can mandate overtime, and employees are typically required to comply. There are no state-specific laws limiting the number of hours an employee can be required to work, giving employers the authority to set work schedules and require additional hours as necessary. Employers must pay overtime at one and a half times the regular pay rate for hours worked over 40 in a workweek, as required by the FLSA.

Disciplinary Action: Refusal to work mandated overtime can result in disciplinary action, including termination. Employers in Kansas have the right to enforce their scheduling requirements, and employees who fail to comply with these requirements may face consequences as outlined in their employment agreements or company policies. This ensures that employers can maintain operational efficiency while adhering to legal compensation requirements.

Contractual and Collective Bargaining Exceptions: Employees cannot be forced to work overtime if it contradicts the terms of their contract or collective bargaining agreement. Contracts or agreements negotiated between employers and employees (or their representatives) may include specific provisions regarding work hours and overtime. In such cases, the terms of these agreements take precedence over general employer mandates. Employees should review their employment contracts and collective bargaining agreements to understand their rights and obligations regarding overtime work.

Industry-Specific Regulations: Certain industries, such as transportation, are governed by strict regulations stipulating maximum daily and weekly working hours. For example, commercial drivers are subject to hours-of-service regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA), which limits driving hours to ensure safety. Employers in these regulated industries must adhere to specific rules to uphold workplace health and safety standards. These regulations are designed to prevent fatigue and reduce the risk of accidents and injuries, ensuring that employees can work safely even when overtime is required.

Compliance and Health & Safety: Employers must ensure that any mandated overtime does not violate federal safety standards. For instance, excessive overtime in safety-sensitive positions could lead to fatigue, increasing the risk of accidents and injuries. Employers must balance operational needs with health and safety considerations, particularly in regulated industries. Maintaining a safe working environment is a legal obligation and a critical aspect of responsible business practices.

Employees who believe their rights have been violated can seek assistance from the Kansas Department of Labor or the U.S. Department of Labor’s Wage and Hour Division (WHD).

Can I take comp time instead of overtime pay in Kansas?

In Kansas, as in other states, only public sector employees can receive comp time instead of overtime pay. This means that employees working for government agencies may opt for comp time, but certain conditions must be met to ensure fairness and compliance with the FLSA. Public sector employees include those working for state, county, and municipal governments.

Written Agreement: Employees and employers must agree in writing before starting overtime work. This agreement ensures that both parties are aware of and consent to the comp time arrangement. The written agreement must be voluntary and cannot be imposed by the employer. This protects employees from being coerced into accepting comp time instead of overtime pay.

Usage of Comp Time: Employees should be allowed to use their comp time within a reasonable period after making the request, provided it does not unduly disrupt business operations. This provision ensures that employees can benefit from the comp time they have accrued without negatively impacting the employer’s operational needs. Employers must accommodate reasonable requests for comp time usage, balancing the needs of the employee and the organization.

Maximum Accumulation of Comp Time: If an employee accrues more than 240 hours of comp time, they must be paid for any additional overtime hours worked. This rule is in place to prevent excessive accumulation of comp time and to ensure that employees are compensated fairly for their overtime work. The 240-hour cap encourages employees to use their comp time rather than letting it accumulate indefinitely.

Equivalent Value: When comp time is given, it must be equivalent to the overtime pay rate. Employees should receive an hour and a half of paid time off for each hour of overtime worked. This ensures that the value of comp time matches the value of the overtime pay they would have received. This equivalency is crucial for maintaining fair compensation practices.

Private Sector Restrictions: In the private sector, comp time instead of overtime pay is generally not permitted under the FLSA. Private employers in Kansas must pay non-exempt employees overtime pay for any hours worked over 40 in a workweek. The practice of offering comp time instead of overtime pay is restricted to public sector employees to prevent potential abuse and ensure fair compensation. Private sector employees are protected by strict regulations that mandate overtime pay rather than comp time.

Can I get overtime pay in Kansas without employer approval?

In Kansas, non-exempt employees can receive payment for overtime work even if they did not get approval beforehand. This is due to the Fair Labor Standards Act (FLSA), which states that if work occurs and the employer knows about it or should have known about it, then it counts as work time. 

Employer Knowledge: The FLSA stipulates that employers are responsible for paying for all hours worked by employees if they have actual or constructive knowledge of the work. Actual knowledge means that the employer directly knows the employee is working overtime. Constructive knowledge means that the employer should have known about the overtime work based on the circumstances. Employers are obligated to pay for this time even if they did not explicitly authorize it.

Employee Responsibilities: While employees are entitled to overtime pay for all hours worked, it is not appropriate for employees to intentionally work overtime without seeking prior approval. Most employers have policies in place that require employees to get approval before working overtime. These policies are designed to help manage labor costs and scheduling. Employees who work unapproved overtime may face disciplinary action, even though they must still be compensated for the work.

Disciplinary Action: Employers in Kansas can enforce their overtime policies by disciplining employees who work overtime without prior approval. Disciplinary actions can range from verbal or written warnings to suspension or termination, depending on the employer’s policies and the severity of the violation. This enforcement helps maintain order and adherence to company policies. However, it is important to note that disciplinary action does not absolve the employer of the responsibility to pay for the overtime worked.

Best Practices: To avoid issues with unapproved overtime, employers should communicate their overtime policies to employees and ensure that employees understand the importance of obtaining prior approval for overtime work. Regular monitoring of employee work hours and promptly addressing any unauthorized overtime can help maintain compliance with the FLSA and company policies. Clear communication and consistent enforcement of policies are key to preventing misunderstandings and ensuring fair labor practices.

Does Kansas have double-time pay?

In Kansas, there are no state laws requiring employers to pay double time for specific hours or days worked. Similarly, federal laws, including the Fair Labor Standards Act (FLSA), do not mandate double-time pay for employees. While employers have the discretion to set up double-time agreements if they wish, it is not obligatory under the law.

Employer Discretion: While neither Kansas state law nor federal law requires double-time pay, employers have the discretion to establish their policies regarding double-time pay. For example, an employer may choose to offer double-time pay for hours worked on holidays, weekends, or extra-long shifts as an incentive or benefit to their employees. These agreements are usually outlined in company policies, employee handbooks, or employment contracts.

Collective Bargaining Agreements: In some cases, double-time pay might be included in collective bargaining agreements negotiated between employers and labor unions. These agreements can specify higher pay rates for certain hours or conditions worked, such as double-time for holiday work or extensive overtime. Employees covered by such agreements should refer to their specific contract terms for details.

Industry Practices: Certain industries may have their standards or practices regarding double-time pay. For instance, industries with demanding schedules or those that require work during unconventional hours may offer double-time pay to attract and retain employees. However, these practices are not mandated by law and are at the discretion of the employer.

What is working ‘off-the-clock’ in Kansas?

Off-the-clock work in Kansas refers to any work performed by employees outside of their officially recorded working hours for which they do not receive compensation. This can include:

  • Working through a designated meal or rest breaks: Employees might continue working during their legally required breaks without clocking in the time.
  • Completing tasks before scheduled shifts: Arriving early to perform duties such as setting up equipment or preparing the workspace.
  • Performing post-shift responsibilities: Activities like cleaning up, closing a job site or completing administrative tasks after the official shift ends.
  • Correcting mistakes or redoing projects: Spending additional time outside regular hours to fix errors or rework projects to meet quality standards.

In Kansas, as in other states, it is illegal for employers to require their employees to engage in off-the-clock work. This practice violates federal wage and hour laws, particularly the FLSA, which governs overtime and compensation regulations.

What are common ways employers avoid paying overtime in Kansas?

Some employers may try to avoid providing proper compensation to their employees for work that should count as overtime. Common strategies used to avoid paying overtime include:

  • Requiring Employees to Perform ‘Off-the-Clock’ Work: Employers may assign tasks such as prep work, answering phone calls, or completing post-shift duties outside of regular work hours without compensating the employees. However, this practice violates the law as employers are obligated to document all tasks performed by employees and provide appropriate compensation. In Kansas, off-the-clock work is illegal and must be paid if the employer knows or should have known about it. Employers must ensure that all work performed by employees, even outside of regular hours, is accurately recorded and compensated. This includes tasks completed before the start of a shift, during unpaid breaks, and after the shift has ended.
  • Averaging Hours Worked: This tactic is often seen among employees paid on a biweekly or bimonthly basis. For instance, if an employee works 49 hours one week, the employer might schedule them for only 31 hours the following week. Despite the employee being entitled to nine hours of overtime pay from the first week, averaging hours can make it seem like they worked two 40-hour weeks. In this way, the employer evades paying overtime, exploiting the employee. Under the FLSA, which Kansas follows, overtime must be calculated weekly, not averaged over multiple weeks. This ensures that employees are fairly compensated for all the overtime they work in any given week. 
  • Providing Comp Time: Employers may offer time off to employees to prevent them from working overtime hours. For example, employees might be allowed to take Friday off if they worked a double shift on Thursday, ensuring their weekly hours do not exceed the 40-hour limit for regular pay. However, in the private sector, compensatory time off instead of overtime pay is generally not allowed under the FLSA. In Kansas, this practice is only permissible for public sector employees under specific conditions and agreements. Public sector employees can receive comp time instead of overtime pay, but it must be agreed upon in writing before the overtime work is performed, and it must be used within a reasonable period without unduly disrupting the operations of the employer.
  • Misclassifying Workers as Salaried Employees: Employers may misclassify employees as salaried workers to avoid paying overtime rates. In Kansas, as per federal law, a salaried employee is exempt from overtime pay if they earn above the threshold set by the FLSA, which is $844 per week or $43,888 annually (increasing to $1,128 per week on January 1, 2025). To avoid paying overtime, some employers may incorrectly classify non-exempt employees as exempt salaried employees. This practice is illegal and can lead to significant penalties for employers who violate wage and hour laws. Employers must ensure that employees meet all the criteria for exemption, including salary level and job duties, to classify them as exempt from overtime.

Can you work seven days in a row in Kansas?

In Kansas, as in many other states, there are no state or federal laws that specifically limit the number of consecutive days an employee over the age of 16 can work. This means that employers can require employees to work seven days in a row if needed. Employees should be aware of their work schedules and ensure they are compensated correctly for all hours worked.

Industry-Specific Regulations: Some employees may work in regulated industries that have specific rules regarding consecutive workdays. For example, truck drivers and other transportation workers are subject to federal hours-of-service regulations that limit the number of hours they can work in a day and a week to ensure safety. Similarly, healthcare workers and those in related fields may have guidelines or policies that prevent excessive consecutive workdays to avoid burnout and ensure safety.

Contractual and Collective Bargaining Agreements: Employees covered by contracts or collective bargaining agreements may have specific provisions limiting the number of consecutive days they can work. These agreements are negotiated between employers and employees (or their representatives) and may include terms to protect employees from excessive work hours. Employees should refer to their specific contracts or agreements to understand their rights and limitations regarding consecutive workdays.

Rules for Minors: Minors who are 14 or 15 years old are subject to more restrictive work hour limitations. According to federal child labor laws, these minors can only work up to:

  • Four hours on a school day.
  • Eight hours on a non-school day.
  • 40 hours in a non-school week.

How many ten-hour days can you work in a row in Kansas?

While some states have implemented unique overtime rules permitting employees on an alternative four ten-hour shifts work schedule to receive overtime after ten hours on those days, Kansas has not adopted such a regulation. Additionally, there are no federal provisions authorizing this arrangement.

While Kansas follows federal guidelines for overtime, some industries may have additional rules regarding work hours and overtime. For example, the transportation industry has specific regulations on hours of service to ensure safety. Employers in such regulated industries must adhere to both federal and industry-specific rules.

Employers in Kansas can choose to implement their own policies for paying overtime for hours worked beyond ten in a day, even though it is not required by state or federal law. Such policies would typically be detailed in employee handbooks or employment contracts. Employers opting to provide this benefit must ensure consistent application to avoid potential legal issues.

What are full-time hours in Kansas?

In Kansas, full-time employment is generally considered to be at least 30 hours per week or 130 hours per month, following federal guidelines under the Affordable Care Act (ACA). There is no specific state law defining full-time hours, so definitions may vary based on industry standards and employer policies. Employers have the discretion to set their definitions of full-time employment, which can influence eligibility for benefits such as health insurance and paid time off.

Industry Standards: In addition to federal guidelines, full-time hours can vary based on industry standards and employer policies. For example, in some industries, the typical full-time workweek might be 40 hours, while in others, it might be slightly less. Employers in Kansas have the discretion to define full-time employment according to their specific operational needs, provided they comply with federal regulations. In some sectors, particularly those with shift work or extended hours, full-time might be considered based on the nature of the work and business needs.

Employer Policies: Employers in Kansas may establish their definitions of full-time employment in their employee handbooks, contracts, or company policies. These definitions are typically based on the operational needs of the business and can vary from one employer to another. Employees should refer to their employer’s specific policies to understand how full-time hours are defined in their workplace. Employers might have different thresholds for full-time status depending on their benefits structure, operational requirements, and workforce management strategies.

Employee Benefits and Full-Time Status: Full-time status often determines eligibility for various employee benefits, such as health insurance, retirement plans, paid time off, and other benefits. Under the ACA, employers with 50 or more full-time employees must offer health insurance to those employees. Employers may also offer additional benefits to full-time employees that are not required by law but are part of the employer’s benefits package. Full-time employees might also be eligible for company-specific perks, such as tuition reimbursement, wellness programs, and professional development opportunities.

How many hours straight can you legally work in Kansas?

In Kansas, there are no specific state laws restricting the number of consecutive hours most employees can work, provided they are at least 16 years old. Technically, individuals could work up to 24 hours per day. However, certain circumstances limit the number of consecutive hours an employee can work:

  • Regulated Industries: Employees in regulated industries, such as transportation, have specific rules regarding the maximum number of hours they can work before mandatory time-off is required. For example, truck drivers are subject to federal hours-of-service regulations, which limit driving time to ensure safety. These regulations are enforced by the Federal Motor Carrier Safety Administration (FMCSA) and include limits on daily and weekly driving hours and required rest breaks.
  • Collective Bargaining Agreements and Contracts: Employees who are covered by collective bargaining agreements or specific employment contracts may have limitations on the number of hours they can work consecutively. These agreements are negotiated between employers and employees (or their representatives) and may include terms to protect employees from excessive work hours. Employees should refer to their specific contracts or agreements to understand their rights and limitations regarding consecutive work hours.
  • Rules for Minors: In Kansas, minors who are 14 or 15 years old are subject to more restrictive work hour limitations under federal child labor laws. These minors can work a maximum of:
    • Four hours on a school day.
    • Eight hours on a non-school day.
    • 40 hours in a non-school week.

Additionally, their work hours must fall between 7:00 a.m. and 7:00 p.m. (extending to 9:00 p.m. from June 1 through Labor Day). These restrictions ensure that minors are not overworked and have sufficient time for education and rest.

  • Health and Safety Considerations: While there are no specific state laws limiting consecutive work hours for adults in Kansas, employers are encouraged to consider the health and safety of their employees. Excessive consecutive work hours can lead to fatigue, which may increase the risk of accidents and reduce productivity. Employers should implement reasonable scheduling practices to ensure employees are well-rested and can perform their duties safely.

Is overtime after eight hours or 40 hours in Kansas?

Under the FLSA, non-exempt employees are entitled to overtime pay at a rate of one and a half times their regular rate of pay for any hours worked over 40 in a single workweek. This weekly overtime rule is applied uniformly across the state of Kansas. There are no provisions for daily overtime, meaning that working more than eight hours in a single day does not automatically entitle an employee to overtime pay unless the total hours for the week exceed 40.

Kansas state law, however, specifies that overtime is due after 46 hours within a week. Despite this, the federal requirement of overtime pay after 40 hours generally takes precedence because it is the more stringent standard.

In summary, while Kansas state law mentions overtime after 46 hours, the FLSA’s requirement for overtime pay after 40 hours generally applies and is enforced, ensuring fair compensation for employees working additional hours.

Does working on the weekend qualify for overtime pay in Kansas?

In Kansas, working on the weekend does not automatically entitle an employee to overtime pay since the Fair Labor Standards Act (FLSA) does not establish special rules for Saturdays, Sundays, nights, or holidays. Instead, the standard overtime rules apply every day of the week.

While the FLSA does not mandate special pay for weekend work, some employers may offer premium pay for weekend or holiday work as part of their company policy. This is at the discretion of the employer and not a legal requirement. Employees should check their employment contracts or company policies to see if any additional pay applies for weekend work.

Certain industries may have additional regulations regarding work hours and overtime pay. For example, industries such as healthcare and emergency services often have specific guidelines for weekend and holiday work due to the nature of their operations. Employers in these sectors must adhere to both federal guidelines and any industry-specific rules.

How many hours off between shifts is required in Kansas?

In Kansas, as in many states, there are no specific state laws or federal regulations mandating the number of hours an employee must have off between shifts. This means that employers can schedule shifts with minimal time off between them if they choose. However, employers are encouraged to consider the health and well-being of their employees when scheduling shifts.

Certain industries have specific regulations regarding hours worked and time off between shifts to ensure safety and compliance with federal guidelines. For example:

  • Truck Driving: The Federal Motor Carrier Safety Administration (FMCSA) enforces hours-of-service regulations for truck drivers, which include mandatory rest periods between shifts to prevent fatigue and ensure road safety.
  • Healthcare: Healthcare workers, especially those working long shifts, may have specific guidelines or industry standards that recommend rest periods to ensure patient safety and worker well-being.

Employees covered by union agreements may have specific provisions in their collective bargaining agreements (CBAs) regarding time off between shifts. These agreements are negotiated between employers and unions and can include terms that require a certain number of hours off between shifts to ensure adequate rest. Employees should refer to their CBAs to understand their rights and protections regarding shift scheduling.

While not legally required, some employers may have their own policies that provide for a certain number of hours off between shifts. These policies are often outlined in employee handbooks or contracts and are designed to promote a healthy work-life balance and prevent employee burnout. Employers are encouraged to implement reasonable scheduling practices to ensure their employees are well-rested and productive.

What does ‘hours worked’ include in Kansas?

‘Hours worked’ encompasses all the time an employee spends on duty or at a worksite, including any additional time they are required or allowed to work. Employees must be properly compensated for all hours worked. In certain cases, travel time, meal breaks, or rest breaks may also be considered part of hours worked:

  • Meal Breaks: Meal breaks are not mandated by either Kansas state law or federal law, although employers frequently provide them to employees during a full workday. Breaks lasting 30 minutes or more are generally not considered hours worked, provided the employee is completely relieved from duty during this time. If the employee is required to stay on the premises or remain on duty during the meal break, the time must be considered hours worked and compensated accordingly.
  • Rest Breaks: Employees are not legally guaranteed rest periods during work shifts in Kansas. However, short breaks ranging from five to 20 minutes are often provided. According to the FLSA, these short break periods must be considered as part of hours worked, and employees must be appropriately compensated for them. These breaks are intended to provide employees with brief rest periods to enhance productivity and well-being.
  • Travel Time: In Kansas, the time an employee spends commuting to and from their regular workplace is generally not considered part of their hours worked. However, under the FLSA, certain types of travel time are included as hours worked:
    • Travel during regular working hours: If an employee is required to travel as part of their job during normal working hours, this time is considered hours worked.
    • Work during travel: If an employee is required to perform work while traveling, this time must be counted as hours worked.
    • One-day assignments: Travel time for a one-day assignment away from the official workplace is considered hours worked.
    • Overnight travel: Travel time for overnight assignments away from the official workplace, during hours on non-workdays that correspond to the employee’s regular working hours, is included as hours worked.

What is the most hours a salaried employee can work in Kansas? 

Kansas follows federal employment and overtime regulations under the Fair Labor Standards Act (FLSA), which does not set a maximum limit on the number of hours a salaried employee can work per day or week. This means there is no legal cap on the number of hours a salaried employee can be required to work, and they are generally expected to complete their assigned duties as stipulated by their employer.

The working hours and expectations for salaried employees are typically outlined in their employment contracts. These contracts detail the job responsibilities, expected work hours, and compensation. Employers are required to adhere to the terms of the employment contract, and employees should review their contracts to understand their obligations and rights.

What is the maximum number of hours an hourly employee can work in Kansas?

In Kansas, there are no state or federal laws limiting the number of hours an hourly employee can work in a day or week. Non-exempt hourly employees over 16 can work any number of hours but must receive overtime pay, as mandated by the FLSA or Kansas state laws. 

Specific industries, such as transportation and healthcare, may have additional regulations regarding work hours, and collective bargaining agreements can also set limits. Moreover, minors aged 14 or 15 face stricter work-hour limitations. Employers are encouraged to ensure reasonable work schedules to maintain employee health and safety.

Overtime Eligibility in Kansas

Who is eligible for overtime pay in Kansas?

In Kansas, non-exempt employees are eligible for overtime pay for hours worked over 40 in a workweek under federal law, and for hours worked over 46 in a workweek under state law. Exempt employees are not eligible for overtime pay. Non-exempt employees are typically paid hourly and work in positions involving manual labor or customer service, while exempt employees hold salaried positions with specific job duties. Employers must accurately classify employees to ensure compliance with both federal and state overtime regulations.

Certain industries may have additional regulations regarding overtime eligibility. For example, healthcare, transportation, and emergency services may have specific guidelines for work hours and overtime pay. Employers in these sectors must adhere to both federal guidelines and any industry-specific rules that apply to their employees.

Who is exempt from overtime pay in Kansas?

In Kansas, overtime regulations are governed by the federal Fair Labor Standards Act (FLSA), which outlines different categories of employees who are exempt from overtime laws and, therefore, do not receive overtime pay. Exempt employees typically hold “white-collar” positions in administrative, professional, or executive roles or work as salespeople. Moreover, individuals in these occupations must meet specific criteria to be exempt from overtime, which are determined by the following three tests:

  • The Salary Basis Test: The employee must receive a fixed salary, irrespective of the hours worked or the quantity of work completed. In other words, they must be categorized as salaried employees rather than hourly employees. This ensures that the employee’s pay does not fluctuate based on their work hours, providing consistency and predictability in their compensation.
  • The Salary Test: The employee must earn a salary that meets the minimum requirement of the exemption threshold. As of 2024, this threshold is $844 per week or $43,888 annually. This will increase to $1,128 per week ($58,656 annually) on January 1, 2025. Further increases will occur every three years, starting on July 1, 2027. These salary thresholds ensure that exempt employees are compensated at a level that reflects their responsibilities and status within the organization.
  • The Duties Test: The employee’s responsibilities must primarily revolve around administrative, professional, or executive duties, involving the use of discretion and independent judgment. This test ensures that the employee’s job functions align with the intended exemptions for higher-level decision-making roles. The duties test is crucial in distinguishing between exempt and non-exempt employees, ensuring that only those who perform significant managerial or specialized tasks are classified as exempt.

Several other job roles are categorized as exempt from overtime regulations under the FLSA. These include:

  • Airline employees: Employees working in the aviation industry may be exempt based on their roles and the specific nature of their work.
  • Babysitters on a casual basis: Individuals providing babysitting services on a casual, irregular basis are generally exempt.
  • Commissioned sales employees: Employees earning commissions, especially in retail and sales environments, may qualify for the exemption.
  • Computer professionals: Certain roles in the IT and computer programming fields are exempt if they meet specific criteria regarding job duties and compensation.
  • Drivers and loaders: Employees involved in driving and loading, particularly in transportation and logistics, may be exempt.
  • Live-in domestic employees: Individuals living in the employer’s home and providing domestic services are typically exempt.
  • Farmworkers employed on small farms: Employees working on small agricultural operations may be exempt based on the size and nature of the farm.
  • Federal criminal investigators: Investigators working for federal agencies may qualify for exemption.
  • Fishermen: Those working in the fishing industry are often exempt due to the nature of their work.
  • Outside sales employees: Employees engaged in sales activities outside the employer’s premises are generally exempt.
  • Railroad employees: Workers in the railroad industry may be exempt based on specific industry regulations.
  • Salesmen and mechanics: Employees selling or repairing vehicles and other equipment may qualify for exemption.
  • Switchboard operators: Operators working in telecommunications may be exempt under specific conditions.
  • Taxicab drivers: Drivers of taxicabs are typically exempt from overtime regulations.

Further information on jobs that are categorised as exempt, as well as specific regulations that apply, can be found on the official US Department of Labor website.

Can salaried employees get overtime pay in Kansas?

Yes, salaried employees in Kansas may qualify to receive overtime pay if they satisfy specific criteria established by the federal Fair Labor Standards Act (FLSA). If salaried employees do not meet all three of the following criteria, they will be classified as non-exempt and, therefore, eligible to receive overtime pay:

  • Salary Threshold: To be classified as exempt from overtime pay, salaried employees must earn a minimum salary of $844 per week or $43,888 per year. This threshold will increase to $1,128 per week ($58,656 annually) on January 1, 2025. Further increases will occur every three years, starting on July 1, 2027. Employees who do not meet this salary requirement are considered non-exempt and are eligible for overtime pay.
  • Job Position: The employee must hold a professional, administrative, or executive position to be classified as exempt. These positions typically involve higher-level responsibilities, such as managing other employees, making significant decisions for the company, or performing specialized tasks that require advanced knowledge and skills.
  • Job Duties: The employee must perform tasks that involve independent judgment and discretion. This means that the employee has the authority to make significant decisions on behalf of the employer, set policies, or oversee important aspects of the business. If an employee’s job duties do not meet this criterion, they are considered non-exempt and eligible for overtime pay, regardless of their job title.

Overtime Payment Calculations in Kansas

What is my regular rate of pay in Kansas?

The regular rate of pay refers to the amount an employee earns for each hour worked, which must at least meet the minimum wage in Kansas.

Hourly Employees: For hourly employees, the regular rate of pay is simply their standard hourly wage. Kansas follows the federal minimum wage, which is currently $7.25 per hour. Employers must ensure that hourly employees are paid at least this amount for each hour worked.

Salaried Employees: For salaried employees, calculating the regular rate of pay involves several steps:

  1. Monthly to Annual Salary: Multiply the monthly salary by 12 to ascertain the annual salary.
  2. Annual to Weekly Salary: Divide the annual salary by 52 (the total number of weeks in a year) to calculate the weekly salary.
  3. Weekly to Hourly Rate: Divide the weekly salary by the maximum number of standard hours worked in a week (40 hours).

Piecework or Commission Employees: For piecework or commission-based employees, there are three methods to determine the regular rate of pay:

  1. Rate per Piece or Commission: The rate of the piece or commission can be used if the pay is directly tied to the number of pieces produced or sales made.
  2. Weekly Earnings Divided by Hours Worked: Calculate the total amount earned in a workweek and divide it by the number of hours worked. This method ensures that the employee’s earnings are spread evenly across all hours worked.
  3. Group Piece Rate: When working as part of a group, first compute the group rate by dividing the total number of pieces produced by the number of individuals in the group. Then, multiply this rate by the number of hours worked by each individual to determine their regular rate of pay.

How do you calculate overtime in Kansas?

In Kansas, following federal laws, overtime compensation is set at 1.5 times the employee’s regular pay rate, often referred to as ‘time and a half’. Non-exempt employees qualify for overtime pay when their work exceeds 40 hours in a workweek.

  • Step 1: Calculate the Regular Rate of Pay: The regular rate of pay is the amount an employee earns per hour during their standard working hours. For hourly employees, this is their normal hourly wage. For salaried employees, the regular rate is calculated by dividing their weekly salary by the number of standard hours worked (usually 40 hours per week). For example, if an employee is paid $600 per week:
    • Regular rate of pay = $600 / 40 hours = $15 per hour
  • Step 2: Determine the Overtime Rate: To determine the overtime rate, multiply the regular rate of pay by 1.5. Using the example above:
    • Overtime rate = $15 per hour * 1.5 = $22.50 per hour
  • Step 3: Calculate the Total Overtime Pay: Finally, multiply the overtime rate by the number of overtime hours worked to determine the total amount of overtime pay owed to the employee. For instance, if the employee worked 10 hours of overtime in a week:
    • Total overtime pay = $22.50 per hour * 10 hours = $225

How is overtime taxed in Kansas?

Overtime earnings in Kansas are taxed in the same manner as regular wages. They are included in your gross income and are subject to federal income tax, state income tax, and FICA (Social Security and Medicare) taxes. The amount of tax you owe on your overtime earnings depends on your overall taxable income and your filing status.

If overtime earnings significantly increase your overall income, you may move into a higher tax bracket. This means that a portion of your income will be taxed at a higher rate, but not your entire income. Only the additional income that falls within the higher tax bracket is subject to the higher rate.

For example, if you earn additional overtime pay that pushes a portion of your income into a higher tax bracket, only that portion will be taxed at a higher rate. Your regular earnings and any overtime that remains within your previous tax bracket will continue to be taxed at the lower rate.

Consider an employee who normally earns $50,000 annually and falls into the 12% federal tax bracket. If this employee earns an additional $5,000 in overtime, their total income for the year becomes $55,000. If the 12% tax bracket caps at $53,000, only the $2,000 above this threshold will be taxed at the next higher tax rate.

It is essential to understand that moving into a higher tax bracket is based on your annual income, not just a single pay period. When you receive overtime pay, your employer withholds taxes based on your projected annual income. If your overtime earnings are substantial in a specific pay period, your withholding may temporarily reflect a higher tax rate, but this is adjusted over the year.

Receiving Overtime Payment in Kansas

How is overtime paid in Kansas?

In Kansas, overtime is compensated using the same method as regular wages, which can vary based on the preferences of employers or employees and the customary practices of a company. As per Kansas laws, employers must pay their employees using one of the following methods:

  • Check: Employers can pay employees, including overtime wages, by issuing a check. This traditional method ensures that employees receive a physical document that can be deposited into their bank account or cashed at a financial institution.
  • Cash: Employers can also pay employees in cash. This method provides immediate access to funds but requires careful record-keeping to ensure compliance with wage and hour laws.
  • Payroll Card Account: A payroll card account is a prepaid card onto which an employee’s wages are loaded. Employees can use this card to withdraw cash, make purchases, or transfer funds. This method can be convenient for employees who do not have a traditional bank account.
  • Direct Deposit: Direct deposit is a common and preferred method where an employee’s wages, including overtime pay, are electronically transferred directly into their bank account. This method requires the employee’s consent and is secure and convenient, providing immediate access to funds.

When do I receive my overtime paycheck in Kansas?

In Kansas, as per the FLSA, overtime pay should be included in the regular paycheck for the pay period during which the overtime was worked. This ensures that employees are compensated for their overtime work promptly and in accordance with their regular payroll schedule.

While most employees in Kansas are paid according to the standard pay frequency, certain industries may have specific exceptions or additional requirements. For example, employees in agriculture or other specialized sectors might have different pay practices that comply with both state and federal regulations. Employers in these industries must ensure that they adhere to any specific guidelines that apply to their sector.

Violations of Overtime Law in Kansas

What if my employer refuses to pay me overtime in Kansas?

In Kansas, if your employer has not paid part or all of your earned overtime wages, they may be in violation of labor laws. The first step is to contact your employer to see if a mistake has been made, allowing the company to rectify this error. Often, payroll errors can be resolved quickly through internal channels. Provide documentation of your hours worked and any relevant pay stubs to support your claim.

If the issue is not resolved after contacting your employer, you have the following options to recover missing overtime wages in Kansas:

  • File a Wage Complaint with the Kansas Department of Labor (KDOL): The KDOL can assist you in recovering unpaid wages, including overtime. You can file a wage claim with the KDOL Wage Claims Division. They will investigate the matter and help ensure you receive the wages you are owed.
  • File a Wage Complaint with the Wage and Hour Division of the U.S. Department of Labor (DOL): You can also file a complaint with the federal Wage and Hour Division of the U.S. Department of Labor. The DOL enforces the Fair Labor Standards Act (FLSA) and can investigate claims of unpaid overtime wages.
  • File a Civil Lawsuit: If administrative remedies do not resolve the issue, you can file a civil lawsuit against your employer. You may seek legal assistance to pursue this option, as it involves the court system and legal procedures.

In Kansas, you have a two-year window from the date of your employer’s FLSA violation (or the date you become aware of the violation) to initiate legal action or file a claim for unpaid wages. If your employer intentionally violated the law, you have up to three years to pursue a claim or lawsuit for your wages. It is important to act promptly to ensure your claim is filed within these time limits.

What is the penalty for failing to pay overtime in Kansas?

Employers in Kansas who willfully or repeatedly violate the FLSA by failing to pay overtime wages can face significant penalties. The U.S. Department of Labor may impose a civil penalty of up to $1,000 for each violation. These penalties are intended to deter employers from neglecting their obligations under the law and to ensure compliance with wage and hour regulations.

Criminal Penalties: In cases of deliberate violations, employers may face criminal charges. A deliberate violation involves purposeful or knowing actions, rather than accidental or involuntary ones. Employers found guilty of willfully violating the FLSA may be fined up to $10,000. If an employer commits repeated violations, they may face imprisonment in addition to fines. These severe penalties underscore the importance of adhering to wage and hour laws.

Recovery of Back Wages and Liquidated Damages: If an employer fails to compensate you for your overtime work, you are entitled to receive back wages, which are the unpaid earnings owed to you. Additionally, you may be entitled to liquidated damages. Liquidated damages are equal to the amount of unpaid wages, effectively doubling the total compensation you receive for your initially unpaid overtime earnings. This provision is designed to compensate employees for the delay in receiving their due wages and to encourage employers to comply with the law.

How can I file a wage claim for overtime in Kansas?

In Kansas, an employee or former employee can submit a wage claim to recover unpaid overtime wages. The process involves filing a claim with the Kansas Department of Labor (KDOL) or the U.S. Department of Labor (DOL). The initial steps of the claim process are as follows:

  • Step 1: Collect Information and Evidence: Gather as much information and evidence as possible to support your claim. This may include:
    • Pay stubs and timesheets
    • Employment contracts or agreements
    • Any correspondence with your employer regarding your pay and hours worked
    • Records of hours worked and overtime hours not compensated
  • Step 2: Contact the Kansas Department of Labor (KDOL): You can file a wage claim with the KDOL. The KDOL handles claims for unpaid wages, including overtime. You can start the process by visiting the KDOL website and completing the online wage claim form or by contacting the KDOL directly.
  • Step 3: Contact the U.S. Department of Labor (DOL): Alternatively, you can file a wage claim with the U.S. Department of Labor’s Wage and Hour Division. The DOL enforces the Fair Labor Standards Act (FLSA) and can investigate claims of unpaid overtime wages. You can begin by completing an online form on the DOL website or by calling the DOL helpline at 1-866-487-9243.
  • Step 4: Work with a Representative: After you establish initial contact, a representative from the KDOL or DOL will be assigned to your case. They will guide you through the process, help you understand your rights, and determine the most effective course of action. The representative may:
    • Investigate your claim by reviewing your submitted evidence and contacting your employer
    • Negotiate with your employer to recover your unpaid wages
    • Provide you with information about additional legal steps if necessary

It is important to file your claim promptly. The statute of limitations for filing a wage claim under the FLSA is two years from the date of the violation, or three years if the violation was willful. Acting quickly ensures that your claim is filed within the allowable time frame.

Can employers retaliate against employees for making a wage claim in Kansas?

In Kansas, employers are prohibited from retaliating against employees or former employees for filing or threatening to file a wage claim. According to the federal Fair Labor Standards Act (FLSA), it is illegal for any individual to “discharge or in any other manner discriminate against any employee because such employee has filed any complaint.” Retaliation can take many forms, including but not limited to:

  • Termination of employment
  • Demotion or reduction in pay
  • Unjustified negative evaluations or disciplinary actions
  • Changes in job duties or work schedules to the employee’s detriment
  • Harassment or creating a hostile work environment

If an employee in Kansas experiences retaliation for filing a wage claim or participating in an investigation, they have the legal right to file a retaliation complaint. In addition, employees have the option to independently pursue legal action against their employer. This can include seeking remedies such as:

  • Reinstatement to their previous position
  • Recovery of lost wages and benefits
  • Compensation for emotional distress
  • Liquidated damages, which may double the amount of lost wages

Learn more about Kansas Labor Laws through our detailed guide.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.