How do you calculate overtime pay in Kansas?

In Kansas, both state and federal laws govern overtime eligibility, pay rates, and exemptions. Understanding these regulations is crucial for employers and employees alike to ensure compliance and avoid disputes.

This article covers everything you need to know about overtime in Kansas, including how it’s calculated for different types of employees, exemptions, and special considerations.

This Article Covers:

Understanding Overtime in Kansas
Overtime for Hourly Rate, Two or More Hourly Rates, and Salaried Employees in Kansas
Overtime for Complex Pay Structures in Kansas
Additional Considerations for Kansas Overtime

Understanding Overtime in Kansas

Which Overtime Laws Apply in Kansas?

Under Kansas law, employees who work more than 46 hours per week must be paid 1.5 times their regular hourly rate for overtime. Federal law, on the other hand, under the Federal Labor Standards Act, indicates that overtime is due once an employee has worked 40 hours within a week.

In situations where both state and federal laws apply, the law that offers greater protection to the employee should be followed. Therefore, in Kansas, most employers must adhere to the FLSA’s 40-hour threshold for overtime pay. The state’s 46-hour threshold typically applies only to employers not covered by the FLSA.

Learn more about Kansas Overtime Laws.

What is the Regular Rate of Pay in Kansas?

The “regular rate of pay” in Kansas is the basis for calculating overtime compensation and encompasses all remuneration for employment. This includes hourly wages, salaries, commissions, and certain bonuses.

Regular Rate for the workweek = Total compensation in the workweek (except for statutory exclusions) ÷ Total hours worked in the workweek

How Do You Define a Workweek in Kansas?

In Kansas, a workweek is any period of time consisting of seven (7) consecutive days or one hundred sixty-eight (168) hours.

The beginning of the workweek is determined by the employer and can be changed as long as it’s intended to be permanent and not to just avoid overtime requirements.

How Much is Overtime Pay in Kansas?

Overtime pay in Kansas is paid at a rate of 1.5 times the employee’s regular rate of pay.

With the current Kansas minimum wage of $7.25, this would put the minimum overtime pay at $10.88 ($7.25 x 1.5).

Overtime Pay = Regular Hourly Pay Rate x 1.5

Overtime Pay = $7.25 x 1.5

Overtime Pay = $10.88 per hour

Who is Eligible for Overtime Pay in Kansas?

In Kansas, most hourly workers and some salaried employees qualify for overtime pay under the FLSA and the Kansas Wage Payment Act. This includes employees in industries like retail, hospitality, and healthcare. If they work more than 40 or 46 hours in a week, whichever is applicable, they must be paid overtime unless they meet exemption criteria.

Who is Exempt from Overtime Pay in Kansas?

If an employee is exempt from FLSA overtime rules, their eligibility for overtime may fall under the Kansas Wage Payment Act. Under this act, certain employees are not entitled to overtime pay, including:

  • Employees covered by federal overtime laws under the Fair Labor Standards Act (FLSA).
  • Employees primarily selling motor vehicles for a dealership or non-manufacturing employer.
  • Individuals serving a sentence in state or county correctional facilities.

Additionally, firefighters and law enforcement officers who trade shifts do not have their hours counted differently for overtime purposes.

Can Employers Mandate Overtime Work in Kansas?

Yes, employers in Kansas can require you to work overtime. This is as long as they follow FLSA and state standards and pay the appropriate rate for overtime.

Given that Kansas is an at-will state, an employer can fire an employee for any reason, including refusing to work overtime. This is as long as it is not discriminatory or retaliatory.

Overtime for Hourly Rate, Two or More Hourly Rates, and Salaried Employees in Kansas

How Do You Calculate Overtime for Hourly Employees in Kansas?

Calculating overtime pay for hourly employees in Kansas is fairly straightforward.

First you will have to check whether state or federal law applies to the employee. Under Kansas law, overtime kicks in after 46 hours in a workweek, while federal law under the Fair Labor Standards Act (FLSA) requires overtime after 40 hours.

For this sample calculation, we’ll look at an employee covered by the FLSA, meaning overtime applies after 40 hours in a workweek.

  • Determine the regular rate of pay

If an employee earns $10.00 per hour, that would be their regular rate of pay.
  • Calculate the overtime rate

Multiply the regular pay rate by 1.5. The employee’s overtime rate would be $15 ($10 x 1.5).
  • Identify overtime hours

Employee worked 47 hours in a week, therefore their overtime hours are seven (47 – 40).
  • Calculate overtime pay

Multiply the overtime hours by the overtime rate. From the example, the overtime pay would be $105 (7 hours x $15).

The regular rate can change if the employee gets extra compensation or incentives during the week.

How Do You Calculate Overtime for Employees with Two or More Hourly Rates in Kansas?

If an employee in Kansas works multiple jobs at different pay rates in the same week, their regular hourly rate is calculated using a weighted average.

To find this rate, you add up all their earnings from the week and divide by the total hours worked.

For example, if an employee worked 47 hours in a week and earned a total of $800, their overtime pay would be calculated as follows:

  • Determine the regular rate of pay

Divide weekly earnings by the total hours worked. ($920/48 = $19.17).
  • Calculate the overtime rate

Multiply the regular pay rate by 1.5 to get the overtime rate. Here, the regular rate is $18, the overtime rate would then be $28.76 ($19.17 x 1.5).
  • Identify overtime hours

The employee worked 48 hours, overtime hours would be eight (48 – 40).
  • Calculate overtime pay

Multiply the overtime rate by the overtime hours. In this example, the overtime pay would be $230.08 ($28.76 x 8).

How Do You Calculate Overtime for Salaried Employees in Kansas?

Salaried employees in Kansas receive a fixed amount of pay regardless of the amount of time they work. These employees are usually paid on a weekly, semi-monthly, or monthly basis.

If an employee is paid a weekly salary, their regular hourly rate is found by dividing the salary by the hours it covers.

For example, a $420 weekly salary for a 35-hour workweek equals $12 per hour. If they work overtime, they receive $12 per hour for the first 40 hours and $18 per hour (1.5 times the regular rate) for overtime.

A $420 salary for a 40-hour week, on the other hand, would result in a $10.50 hourly rate.

For salaries covering longer periods, they must be converted to a weekly equivalent.

A monthly salary is multiplied by 12 and divided by 52, while a semimonthly salary is multiplied by 24 and divided by 52.

For instance, a $1600 monthly salary or a $800 semimonthly salary for a 40-hour workweek equals $9.23 per hour. Employers may also calculate rates based on working days, as long as the rate meets minimum wage laws.

Learn more about Kansas Salaried Employee Laws.

Overtime for Complex Pay Structures in Kansas

How Do You Calculate Overtime Pay for Piece Rate Employees in Kansas?

For Kansas employees paid by piece rate, the regular hourly rate is calculated by adding total earnings from piecework, bonuses, and paid waiting time, then dividing by total hours worked in the week.

For FLSA overtime, employees receive their regular weekly earnings plus an extra half of their regular hourly rate for any hours over 40.

Here are steps you can follow:

  • Determine the regular rate of pay

If an employee works 46 hours, earns $491 from piecework for 40 hours, and receives $8 per hour for 6 hours of waiting time, their total earnings would be $539. Dividing by 50 hours gives a regular hourly rate of $10.78.
  • Calculate the overtime rate

Multiply the regular pay rate by 0.5 to get the overtime rate. If the regular pay is $10.78, the overtime rate would be $5.39 per hour ($10.78 x 0.5).
  • Identify overtime hours

If the employee worked 46 hours, the overtime hours would be six (46 – 40).
  • Calculate overtime pay

For six overtime hours, the employee will receive an additional $5.39 per hour, totaling $32.34.

Additional Considerations for Kansas Overtime

Is Compensatory Time Instead of Overtime Allowed in Kansas?

Yes, compensatory time is allowed in Kansas for state agencies.

Compensatory time, or “comp time,” is paid time off given instead of overtime pay. For every extra hour worked, employees receive 1.5 hours of comp time.

Employees can accumulate up to 240 hours of comp time. Once they reach this limit, any extra overtime must be paid in cash. Employers may set a lower cap if they choose.

Does Kansas Include Paid Time Off in Overtime Calculations?

No, paid sick leave and other time off do not count toward overtime. Overtime is based only on the hours you actually work, not paid time off like sick leave, holidays, or vacation days.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.