Kansas Overtime Rules: The Definitive Guide

Kansas Overtime Laws – An Overview

Kansas overtime laws are important because they provide clarity on wage and compensation regulations in the state of Kansas. The federal Fair Labor Standards Act (FLSA) stipulates that employees who work more than 40 hours per week must be compensated at a rate of at least one-and-a-half times their regular pay rate for hours worked over 40. In Kansas, employers have the responsibility of ensuring that overtime is calculated and paid correctly, as failing to do so can have serious legal repercussions . Misclassifying non-exempt employees as exempt, failing to keep accurate records, and restricting employees from performing any duties after hours are common areas of overtime law violations. The Kansas Wage Payment Act governs rules on all wages and entitlements in the state of Kansas. In Kansas, this legislation outlines:
Kansas wage payment requirements
Kansas exemptions
Kansas compensable hours
Kansas overtime compensation
Overtime disputes and liquidated damages for violations

Who Gets Overtime Pay in Kansas?

The Fair Labor Standards Act (FLSA) is a federal standard with national reach. As a result, it supersedes the Kansas Overtime Law on the issues addressed by the FLSA. However, Kansas workers should be aware that the state laws regarding worker’s rights may overlap or include additional requirements.
For example, both the federal and Kansas state laws state that non-exempt employees must be paid a minimum of time and a half for any hours they work beyond 40 during a week. However, the state law has a more limited set of exceptions for those that are in a managerial position. Employers that are subject to the FLSA or KSOL must determine whether their workers are non-exempt and therefore entitled to overtime pay. Non-exempt employees are those that are not exempt from a specific provision or provisions of the federal or state laws. Importantly, the above determinations are made on a case-by-case basis. This means that even if a business might primarily consist of exempt employees, they may have some that do meet the qualifications to be non-exempt. Therefore, they must be paid in accordance with the law.
Overtime exemptions for employees can include:
In addition, even though individuals in these occupations may be exempt, there are other factors employers must also take into consideration. There are a number of other exemptions as well. However, these are generally excluded from the larger categories above. For instance, teachers, doctors, lawyers, and outside salespeople are excluded from the executive, administrative, professional, and outside sales exemptions. Workers in certain industries are also not entitled to overtime pay. Some of the industries where workers are not entitled to overtime pay include: Not all workers in the above industries are exempt. For instance, the Fair Labor Standards Act does cover staff members employed by motor carriers if they are covered by the Secretary of Transportation. Also, individuals that work in support of the industry such as dispatchers, secretaries, clerks, and helpers are not covered by the exemption. Importantly, if your employer determines that you are exempt from earning overtime pay, yet you feel as though you qualify for overtime pay under an exception, you should call us today.

Kansas Overtime Pay Formula

The time-and-a-half calculation for Kansas overtime pay is straightforward. Employees who qualify for Kansas overtime must be paid one-and-a-half times their hourly wage for each hour they exceed 40 in a single week (as a reminder, Kansas does not have a daily overtime rule). The calculation is relatively easy on an hourly basis.
For example, an employee who makes $10 per hour under normal working conditions will be entitled to $15 per hour for overtime. An employee who made $8 per hour would receive $12 per hour for overtime. If the employee makes a salary, which is a common practice with supervisory or administrative employees, you still need to take the salary figure and divide it by 40 to arrive at a base hourly amount. The base hourly number can then be multiplied by the "time-and-a-half" amount to get the proper amount of overtime compensation to pay that employee.
As an example, for an employee who is paid a salary of $400 per week, the hourly rate is $10. For overtime hours worked, that employee would be entitled to be paid $15 per hour.

Common Overtime Violations in Kansas

Throughout the state of Kansas, there are a number of common overtime violations that both workers and employers should be aware of. For example, some employers may try to classify you as someone who is exempt from overtime under FLSA (i.e., exempt from receiving overtime pay). In coming up with such classifications of employment, these businesses may not adhere to the duties test as required by law.
In another common scenario, some employers fail to pay for all of the time that you may have worked, particularly for "off-the-clock" work. Certain practices may cut into the hours that you should receive overtime pay for, including the following:
In the event that your employer requires you to work seven to eight hours straight without a lunch break, you are entitled to be paid for this work. Further, if you are required to take a lunch break against your will, your employer is likely to be violating overtime laws.
Some companies will try to find loopholes around overtime pay that aren’t according to the law. If they misclassify you as an independent contractor rather than an employee or pay you in cash only, you still deserve to be paid for all of the time that you worked, including overtime hours. Omitted overtime pay is often overlooked by workers, resulting in compliance issues for employers.
Electronic tracking of hours allows businesses to more easily keep track of all of the time that you’ve worked, though some companies attempt to use them improperly. So, if you notice that you weren’t paid for some of the hours that weren’t included in your electronic records or your employer tries to manipulate them to reduce pay, then they can be in violation of overtime laws.

Employer Obligations under Kansas Overtime Regulations

Employers are responsible for complying with Kansas overtime rules. Failure to do so could lead to liability, both under state overtime and federal FLSA laws. To comply with overtime rules, employers:
Keep Accurate Records of Work Hours
Employers need to keep accurate records of employees’ work hours. Therefore, employees should either clock in and clock out of work or complete a daily time sheet. Failure to keep good records of hours could lead to discrepancies later.
Pay Employees for All Hours Worked
To avoid liability, employers must pay their employees for all time worked. This includes work that employees may not report on their time card. Otherwise, a court may assume that an employee worked for the time in question and compute damages accordingly. This can create a situation where courts award hours for which an employee is unlikely to prove. For example, if an employer calls for an employee to work on the third Tuesday of every month for two hours, but the employee forgets to clock in , the employer could be legally liable for two hours of pay on that Tuesday even if the employee did not show up for work.
Non-Exempt Employees’ Responsibilities
It is also the responsibility of non-exempt employees to bring possible overtime violations to their employer’s attention. If they do not, the employer can argue that it is not liable for nonpayment when the employee fails to report his or her hours. Non-exempt workers are also responsible for compensating their employers should they clock in early or leave late. A simple adjustment to an employee’s paycheck could prevent a potential legal issue.
California overtime law presents many challenges for both employees and employers. Moreover, even among states that follow the federal FLSA rules, managers, business owners and HR professionals should be aware that some may have more stringent or altogether different laws.
Working with an experienced Kansas overtime lawyer is especially critical for employers facing any potential overtime pay issues, including violations of proper infant breaks. Counsel can help prepare wage and hour claims and defend against them in court. They can also help an injured employee recover overtime pay.

Pursuing an Overtime Claim in Kansas

When employees have a dispute over their right to receive overtime compensation, the Kansas Department of Labor (KDOL) has the primary jurisdiction to adjudicate the matter. An employee is entitled to overtime pay when he or she is otherwise entitled to overtime pay pursuant to federal law or Kansas law. The statutory language at Section 44-120(a) provides that "If any employer or the employer’s agent refuses or neglects to pay the wage due any employee, such employee may make a complaint….to the secretary of labor, who shall thereupon examine such complaint and shall proceed as provided by law." That statutory provision is subject to the administrative provisions set forth above in Section 44-322, which allow for the KDOL to investigate an alleged unpaid overtime claim.
Assuming the KDOL investigates the claim and finds in favor of the employee, "it will issue a finding in favor of the employee setting the amount the employer owes for overtime and other wage issues." The employer also has the right to intervene in the investigation "to protect its interests." In other words, the employer has the right to challenge the claim of the employee.
Once the KDOL completes its review, the KDOL must certify to both parties its finding. From this point, either party has 14 days to object in writing. If no objection is made, the KDOL forwards a copy of the finding to the claimant and the employer. If either party objects timely, phase two of the process occurs. This is explained by KDOL’s website as follows: "A hearing officer conducts an informal hearing, without the use of rules of evidence, …and will issue an Order within 30 days after the hearing is completed." The "hearing" is not an actual hearing. That is, you would not have a proceeding similar to a trial court proceeding, such as the introduction of exhibits, examination of witnesses, etc. Instead, you would get right to the facts and merits of the dispute stated in the two-page Complaint form. If the hearing officer finds on behalf of the claimant, the employer must pay the amount awarded within the time specified by the hearing officer. It must also pay "any attorney fees and expenses that were sought," following a request by the employee.
The important point here is that the KDOL process is very informal and involves less of the procedural protections you might find in any reasonable hearing or trial court setting. If either party wishes to appeal the KDOL decision, it would be done in the Kansas District Court of the county where the employee resides.

Recent Updates to Kansas Overtime Laws

Over the past few years, there have been shifts on both a state and national level when it comes to overtime pay requirements. Kansas overtime laws have remained more stable than some other states. However, some changes are on the way that employers need to be aware of. When new regulations come into play, both employers and employees need to understand how these will impact their work relationship as well as any future ramifications. First, an expansion of the federal Fair Labor Standards Act salary and exemption regulations were supposed to take effect in December 2016. For businesses who employ salaried workers virtually all Kansas companies had to adjust their records regarding compliance. This meant that middle managers, officers and some other non – exempt workers were supposed to receive higher salaries which would entitle them to overtime pay benefits. However, this new regulation was stopped in the courts before it was supposed to take effect so there were no changes in the law on a federal level. However, there were significant changes. State courts had not yet ruled on the potential abuses of the law so corporate monitoring continued for a while. During 2017 and 2018 the Kansas Court system was flooded with cases related to compliance with the federal rule. Employers ceased monitoring that would have been unnecessary because the federal law was overturned in June 2017. The court decisions during that period of time always ended in favor of workers. Now, it is more likely that if a case were brought the employer would have a higher likelihood of winning. A second change in Kansas overtime laws began in 2019. Salary levels required under Kansas laws increased over the last year and is expected to continue to do so. Pay for all categories of exempt workers may be higher than federal rules set, but current federal regulations are higher than before December 2016. The shift is expected to bring some mid-level workers who earned $80,000 or more annually into the category of wage workers rather than salary so that they can become eligible for overtime pay benefits. The third change in Kansas overtime laws may only be temporary. Kansas Governor Laura Kelly issued an executive order in June 2019 that temporarily added two key exemptions to the exempt worker’s status. If all of the requirements are met, then workers employed to monitor the business or conduct employee investigations are now exempt from overtime pay requirements. It is likely that this change will be permanent, but the immediate advice is to follow the actual labor laws.

Kansas Overtime Rules FAQ

Kansas overtime rules can be complex, and many workers have questions about them. Here, we address a few of the more common questions:
Q: Are there any Kansas overtime exemptions?
Yes, there are Kansas overtime exemptions. Unfortunately, exempt workers are not entitled to receive overtime pay. For example, executive, administrative and professional employees are typically considered exempt if they perform job duties that meet certain requirements. Many people have heard of "white collar exemptions," and the Kansas overtime exemptions for executive, administrative and professional employees are examples of this. As noted above, however, exempt workers have not all that much protection under the law. They should still consult with a Kansas overtime lawyer about the possibility of being misclassified. For example, "highly compensated employees" may be exempt under some federal rules but not others.
Q: Do all employees have to be created equal under Kansas overtime laws?
There is sometimes the issue of daily and weekly overtime pay in Kansas. However , Kansas does not require that employers pay for both. Either the daily or biweekly overtime pay rules apply. Kansas employees paid overtime on a weekly basis must receive 1.5 times their regular rate for over 40 hours in a week. Employees paid biweekly or bimonthly receive 1.5 times the regular rate for hours worked in excess of 80 in a given two-week period.
Q: What Kansas overtime violations and wage violations do employers commit?
Kansas overtime violations carried out by employers include even the commission of wage theft, which is actually quite common in Kansas and elsewhere. Some types of Kansas wage theft to watch for include misclassification of exempt employees, who do not get overtime pay, and misclassification of independent contractors who are really employees, who do get a minimum wage and overtime compensation.