Introduction to Kansas Overtime Laws
Kansas is a state situated in the mid-western region of the United States and is known for its musical heritage, wild west history and vast agricultural landscapes. While its economy is largely driven by the agricultural sector, Kansas is also home to several industries, including healthcare, education, and manufacturing. This means that many Kansans work in various fields and may need to work overtime to meet their job demands.
Kansas is one of the many states that have their own overtime laws. The state’s overtime laws provide guidelines for employers on how much they should pay employees who work overtime. The laws also outline the conditions under which employees qualify for overtime pay. This article will explore the Kansas overtime laws in detail, looking at its history, the rules governing overtime pay, and recent updates.
History of Kansas Overtime Laws
Kansas overtime laws date back to the enactment of the Fair Labor Standards Act (FLSA) in 1938. The FLSA is a federal law that requires employers to pay their employees overtime pay for any hours worked over 40 in a week. However, the FLSA sets a minimum standard, and states can make their overtime laws more stringent.
The Kansas Department of Labor oversees the state’s labor laws. The department’s Wage and Hour Division enforces the Kansas Wage Payment Act, which outlines the state’s overtime laws. In the past, Kansas had similar overtime laws to the FLSA, but, in 2017, the state updated its laws to raise the salary threshold for overtime exemptions.
Kansas Overtime Pay Rules
The Kansas Wage Payment Act sets the guidelines for overtime pay in the state. The act defines overtime as any time worked over 46 hours in a workweek. The law requires employers to pay non-exempt employees one and a half times their regular rate for any hours worked over 46 in a week.
Additionally, Kansas law requires employers to pay overtime for any work done on the seventh day of a workweek. This pay should be at least one and a half times the employee’s regular rate.
The Kansas overtime law applies to all private employers operating in the state, regardless of the size of their business. However, there are a few exemptions that the law recognizes, which we will discuss below.
Exemptions to Kansas Overtime Pay
While the Kansas overtime law requires employers to pay overtime, certain employees are exempt. These employees are either classified as executive, administrative, or professional positions or fall under specific categories that exempt them from overtime pay. These exempt employees are employees who earn more than a certain wage or have certain job duties.
To qualify for exemption, employees must meet both the salary and duties test. The salary test refers to the minimum salary an employee must earn to be exempt from overtime pay, while the duties test refers to the employee’s job responsibilities.
The following are the categories of employees that are exempt from Kansas overtime laws:
Executive, Administrative, and Professional Employees
Kansas overtime laws exempt executive, administrative, and professional employees from overtime pay, provided they meet the salary and duties test. The administrative exemption applies to employees whose primary responsibilities involve administrative duties and tasks. The professional exemption applies to employees who work in professions that require advanced knowledge or skills, while the executive exemption applies to employees who are in top-level management positions.
Commissioned Sales Employees
In some cases, employees who work in commissioned sales positions are exempt from overtime pay. This exemption only applies if the employee is making at least one and a half times the minimum wage and earns more than 50% of their compensation in commissions.
Computer Professionals
Kansas overtime laws exempt computer professionals from overtime pay if they meet certain criteria. To qualify for exemption, the employee must receive a salary of $27.63 per hour, or $57,470 per year in 2021, and must work in the computer system analysis, programming, software engineering, or other IT fields.
Outside Sales Employees
Employees who work primarily outside the employer’s place of business and make sales are exempt from overtime pay under Kansas overtime laws.
Farm Workers
Kansas law is different from other states in that it does not require farmworkers to be paid overtime.
Recent Updates to Kansas Overtime Laws
Kansas updated its overtime laws in 2017. Before the updates, the state followed federal guidelines for overtime exemptions. However, the update changed these guidelines.
Under the new law, Kansas overtime pay rules require employers to pay overtime to any employee who earns less than $23,660 annually. This wage is higher than the federal minimum threshold for overtime exemptions, which is $23,660 annually; however, it is lower than the overtime ceiling set by some other states.
The 2017 update also requires employers to pay overtime to some salaried employees even if they earn more than the salary threshold based on their job duties. For these employees, employers must pay overtime pay if their weekly salary is less than $455 per week. This pay rate is more than the federal minimum of $455 per week.
Conclusion
Kansas overtime laws provide guidelines about how employers should pay their employees for any working hours worked over 46 hours per week. The state’s overtime laws have provisions that require employers to pay overtime pay to non-exempt employees, while there are several exemptions for certain employees.
Kansas’s current overtime laws are stricter than federal guidelines. The state’s wage threshold for overtime exemption is $23,660 annually, higher than the federal minimum, but lower than that set by some other states. The law also requires employers to pay overtime, even if an employee is salaried and makes slightly more than the state wage threshold based on their duties.
Employees should be aware of the regulations surrounding Kansas overtime laws to ensure they are fairly compensated for their work. Employers should also keep up to date with any changes to the laws to avoid penalties or legal action.
Quick Guide to Kansas Overtime Laws
Kansas Overtime Laws
Kansas overtime laws are provided under the state’s legislature, but the rules do not apply to employees under the Fair Labor Standards Act. Under the Fair Labor Standards Act, an employer must pay an employee at least one and one half times the regular rate of pay for any hours worked above 40 hours per workweek.
However, under §44-1204 of the state’s statutes on Kansas overtime law, an employee must work at least 46 hours before receiving one and one-half (1 ½) times the hourly wage. Other sections of this Kansas overtime law are discussed throughout this article.
You will find information in this article about overtime minimum wage in Kansas, wage claims for unpaid overtime, state law, and more.
What is the minimum overtime wage in Kansas?
According to Kansas overtime law on minimum wage, the current overtime minimum wage is $10.90 after rounded to the lowest nickel. If you have worked more than 46 hours a week, unless you’re in a certain profession, your employer is required to pay you overtime rates according to Kansas overtime laws.
If you believe your employer has violated a Kansas overtime law, you will find information about filing a claim at the end of this article.
Specific Kansas Overtime Law on Overtime
There are different overtime laws for minors under the age of 16 and those employed in public or private delivery of emergency medical services as a crash injury technician, emergency medical technician, or a person who is engaged in fire protection or law enforcement. According to §44-1204(b)(1-2), Kansas overtime law applies to the employee above in:
• “any work period of twenty-eight (28) consecutive days in which such employee works for tours of duty which in the aggregate exceed two hundred fifty-eight (258) hours”
• “the case of any such employee to whom a work of at least seven (7) but less than twenty-eight (28) days applies, in any such work period in which such employee works for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in such work period as two hundred fifty-eight (258) hours bears to twenty-eight (28) days.”
The sections of this Kansas overtime law does not apply to certain employees. Kansas overtime laws do not cover the following:
• any employee covered under the FLSA
• any employee engaged in the selling of motor vehicles
• any person who is sentenced to the custody of the secretary of corrections
• volunteer employees in fire protection or law enforcement
Filing a Wage Claim for Violation of Kansas Overtime Laws
If you believe your employer has broken a Kansas overtime law and offered you unfair wages, you can file a wage claim by completing the form under the provided link.
You’ll have to send the form to 401 SW Topeka Boulevard, Topeka, KS 66603, and you call (785) 296-4062 if you have any questions about the form. You should always try to settle the dispute with your employer before submitting such a form.
