The Kansas Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid.
The laws are set forth by state statute and non-exempt employers must comply with these laws. There are numerous exceptions to these laws based upon the type of employment, the classification of the job, the type and manner of compensation, and the size of the employer. There are also federal wage laws pursuant to the Federal Labor Standards Act (FLSA) that also set forth pay requirements from employers.
Kansas Overtime Pay Laws
No employee shall work in excess of 46 hours in a workweek unless the employee receives compensation for all hours over 46 at a rate of not less than one and one-half times the hourly wage rate at which the employee is regularly employed, unless the employee has a written contract that specifies something different.
In Kansas, a salaried employee is still entitled to overtime benefits depending on whether or not they are classified as exempt.
Whether or not a person is exempt depends on what kind of work they do. According to Section 13(a)(1) of the FLSA, employees employed as bona fide executive, administrative, computer employees, professional and outside sales employees are exempt from overtime pay laws.
To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week.
Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.
Additionally, a business is covered by the FLSA if it has $500,000 or more in annual sales. Even if your employer is smaller, however, it is still covered by the FLSA (and must pay overtime) if it is engaged in what Congress calls “interstate commerce,” meaning it conducts business between states.
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Kansas Minimum Wage Laws
Effective January 1, 2010, the minimum hourly rate for Kansas employees was raised from $2.65 to $7.25, and only applies to employers and employees not covered by the federal Fair Labor Standards Act (FLSA).
An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.
In calculating such minimum wage rate, an employer may include tips and gratuities received by an employee if such tips and gratuities have customarily constituted part of the remuneration of the employee and if the employee concerned actually received and retained such tips and gratuities. For employees receiving tips and gratuities, the employer shall pay a minimum wage of at least $2.13 an hour.
If when combined with the minimum wage rate prescribed in this subsection the amount of the employee’s tips and gratuities are:
(1) At least equal to $7.25 an hour, no further payment is required by the employer
(2) Less than $7.25 an hour, the employer must pay the employee the difference between $7.25 an hour and the actual hourly amount received by the employee determined by combining the amount of tips and gratuities received by the employee with the minimum wage prescribed by this subsection paid by the employer.
(3) The provisions of this section shall not apply to any employers and employees who are covered under the provisions of the federal fair labor standards act (29 U.S.C.A. § 201 et seq.)
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Kansas Minimum Wage & Overtime Laws Resource
An excellent resource for information is the Kansas Department of Labor website.
Largest Cities in Kansas Providing Jobs
The ten largest cities in the State of Kansas provide jobs and income to both their own residents and those from outside communities. These include jobs in both public sector and private sector. The cities are listed below:
- Overland Park
- Kansas City
Commonly Asked Kansas Overtime Pay Questions
You probably have questions about the overtime pay laws in Kansas. Our legal team will answer all of your questions and concerns, including:
- How much is overtime pay?
- Am I entitled to overtime pay?
- Does Kansas have mandatory overtime laws?
- What is the minimum wage and hour law?
- When is overtime owed?
- What is the overtime rate?
- How do I get my unpaid overtime pay?
Free Legal Advice For Kansas Unpaid Overtime Pay Claims
If you were not paid the required minimum wage pay or overtime pay, you have the legal right to pursue a wage claim against the past or present employer. There are strict time deadlines so you should contact our unpaid overtime lawyers today to determine whether you are owed unpaid wages. We will represent you on a No Win, No Fee basis so there are no legal fees or expenses unless we recover your unpaid lost wages for you.
To file a Kansas wage law claim, you should contact our highly qualified overtime lawyers today at (855) 754-2795 for a free, no obligation Case Review. You can also complete the Free Unpaid Overtime Case Review box on this page and an experienced attorney will contact you shortly.