Under Kansas's overtime law, an employer must pay each employee overtime in the amount of 11/2 times the employee's regular rate for hours worked in excess of 46 in a workweek (KS Stat. Sec. 44-1204). Because the federal law is more generous to employees and offers overtime pay after 40 hours in a workweek, the state law applies only to employers and employees who are not covered by the federal law. Neither state nor federal law requires overtime pay for hours worked in excess of 8 per day or on weekends or holidays.
Kansas law exempts anyone employed in a bona fide executive, administrative, professional, or outside sales capacity from overtime pay requirements. Because the salary level requirement under Kansas regulations is $155 ($170 for professionals) per week, the higher federal salary threshold test will apply in every instance in Kansas (KS Admin. Regs. Sec. 49-30-1).
State regulations define an "exempt executive employee" as an employee who:
• Owns at least a 20 percent interest in the enterprise and is in sole charge of an independent establishment or a physically separated branch establishment; or
• Is employed in the capacity of an executive paid in excess of $155 per week and who does not devote more than 20 percent (40 percent in the case of employees in a retail or service establishment) of his or her hours of work in a workweek to nonexempt work. (Note: remember to apply the higher federal salary threshold.)
State regulations define an "exempt administrative employee" as an employee who is employed in an administrative position, public or otherwise, when performance is of office or nonmanual work ...