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Kansas Overtime Laws

As a Kansas employee who's worked more hours than normal, you may wonder whether your employer owes you overtime pay. Kansas is unique in that it has its own state overtime law provision that appears to be stricter than the federal overtime provisions of the Fair Labor Standards Act (FLSA). Specifically, employers in Kansas owe employees at least 1.5 times the employee's regular hourly rate for all time worked in excess of 46 hours in a week. This is different than the FLSA, which requires overtime pay for time worked over 40 hours in a week. In order to determine whether Kansas state law or the FLSA applies, courts look to the annual revenue and interstate commerce activity of an employer.

Kansas Overtime Law Overview

Key provisions of Kansas overtime laws are listed in the chart below.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 46 hours per workweek.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 46: Add regular rate for each hour up to 46, then pay time and a half for hours over 46.
    • If the regular hours = 46: Pay time and a half for hours over 46.

Exempt from FLSA

  • The following classes of employees are not entitled to overtime pay in Kansas (partial list)
    • Administrative employees
    • Professional employees
    • Executive employees
    • Employees that sell motor vehicles
    • Jail inmates serving a sentence in county jail

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Special Rules for Emergency Medical Delivery Employees, Fire Protection, Law Enforcement, and Security Personnel

Kansas has a specific overtime law provision that covers:

  • Employees engaged in the public or private delivery of emergency medical services as an attendant as defined by another Kansas state law; and
  • Employees engaged in fire protection or law enforcement activities, including any member of the security personnel in any correctional institution.

Namely, these employees must be paid overtime pay at a rate of at least 1.5 times their regular rate of pay when they work for tours of duty that exceed 258 hours in a range of 7 to 28 consecutive days.

Kansas Overtime Exemptions

Kansas overtime laws do not apply to certain classes of employees, including:

  • Administrative employees
  • Professional employees
  • Executive employees
  • Employees that sell motor vehicles
  • Jail inmates serving a sentence in county jail
  • Any person sentenced to the custody of the secretary of corrections

Research the Law

Have You Been Denied Overtime Pay? A Kansas Attorney Can Help

Kansas overtime laws can be quite complicated, as well as the determination of whether federal or state law is applicable. If you have any questions about Kansas overtime law or wish to know whether you are entitled to overtime pay in Kansas, you should reach out to an experienced Kansas employment law attorney today.

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