Kansas Overtime laws & HR compliance analysis

Kansas Overtime: What you need to know

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.
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Kansas law exempts executive, administrative, and professional employees from the overtime requirements.
Several additional occupations and industries are exempt from Kansas's overtime provisions, including (KS Stat. Sec. 44-1202 and Sec. 44-1204):
• Agricultural workers
• Domestic workers in private homes except those working for contractors
• Volunteers for nonprofit organizations
• Outside salespersons paid by commission
• Motor vehicle salespersons
• Prisoners
• Federal employees
• Individuals under the age of 18 working on a part-time or casual basis
• Executive, administrative, or professional employees of school districts who devote at least 50 percent of their time to those duties
Fire protection and law enforcement. The practice by employees engaged in fire protection or law enforcement of substituting for one another on regularly scheduled shifts, or parts of shifts, has no effect on hours of work if:
• The substituting is done voluntarily by the employees and not at the request of the employer,
• The reason for substituting is not due to the employer's business practice, but to the employee's desire or need to attend to a personal matter,
• A record is maintained ...

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