Kansas Overtime Laws

April 28th 2026

Kansas labor laws entitle employees to fair compensation for extra hours worked. While state law references a 46‑hour threshold for a workweek, most employees benefit from the federal 40‑hour rule under the Fair Labor Standards Act (FLSA).

Navigating Kansas overtime laws can be tricky because they blend state and federal standards, with specific exemptions and defined pay rates.

This guide breaks down the essentials, covering who qualifies for overtime, how it is calculated, and what exemptions apply. It helps both employers and employees stay compliant and ensure fair pay.

Kansas Overtime Laws Summary

Kansas state law Overtime applies after 46 hours of work in a workweek
Federal Fair Labor Standards Act Overtime applies after 40 hours in a workweek

Because federal law is more protective, most employees in Kansas receive overtime after 40 hours in a workweek.
Overtime pay rate 1.5 times the regular rate of pay for all overtime hours
Kansas minimum wage $7.25 per hour
Minimum overtime wage $10.88 per hour for minimum wage workers
Compensatory time instead of overtime pay Allowed for public employees
Salary threshold for overtime exemption $684/week

This Article Covers

What Are the Overtime Laws in Kansas? (40 vs. 46 Hour Rule)

In Kansas, employees are entitled to overtime pay when they work more than:

  • 46 hours in a workweek (under Kansas state law), or
  • 40 hours in a workweek (under the federal FLSA)

In most cases, the rule that benefits the employee more applies, which means the 40-hour federal standard effectively covers most non-exempt employees in Kansas under the FLSA.

Under Kansas overtime laws, employees in certain jobs (such as emergency services, law enforcement, and car sales) are covered by special overtime rules or exemptions, which we will cover in the sections below.

Kansas Overtime Pay Rate Explained

In Kansas, overtime rates refer to additional compensation that employees may be entitled to receive when they work beyond their regular working hours.

Overtime rate in Kansas is 1.5 times the employee’s regular rate of pay under both state and federal laws.

Since the Kansas minimum wage remains $7.25 per hour, the minimum overtime rate is $10.88 per hour (1.5 x $7.25).

However, most employees earn more than minimum wage, so their overtime rate will be higher.

Example:

Employee’s regular rate of pay: $10 per hour

Their overtime pay rate: 1.5 x $10 = $15 per hour

Want to calculate your exact overtime pay? Use our overtime calculator or check our detailed guide on how to calculate overtime in Kansas.

Who is Eligible for Overtime Pay in Kansas?

Most employees are entitled to overtime pay if they work more than 46 hours in a workweek, according to Kansas overtime laws. They must be paid at least 1.5 times their regular hourly rate for those extra hours.

However, some Kansas employees follow different overtime rules or are exempt, including:

  • Employees covered by the federal Fair Labor Standards Act (FLSA)
  • Emergency medical service providers, firefighters, and law enforcement (who have special overtime thresholds)
  • Motor vehicle sales employees at certain dealerships
  • Inmates working while serving a sentence

We will cover these exemptions and special rules in the next section.

Kansas Overtime Exemptions and Exceptions

While most employees qualify for overtime under Kansas overtime laws, there are several important exemptions and exceptions where overtime may not be required, or different rules may apply.

Special Overtime Rules for Public Safety Workers in Kansas

Under Kansas law, employees in certain public safety roles follow alternative overtime thresholds instead of the standard 46-hour workweek.

This includes:

  • Emergency medical service (EMS) providers
  • Firefighters
  • Law enforcement officers (including correctional facility security staff)

These employees must still receive 1.5x pay, but only after exceeding 258 hours in a 28-day work period, or a proportional number of hours for shorter work periods (between seven and 28 days).

Additionally, voluntary shift substitutions between these employees (example, trading shifts) do not count toward overtime violations, as long as:

  • The swap is voluntary
  • It is for personal reasons (not employer-driven)
  • The employer maintains accurate records
  • The time is repaid within 12 months

Learn more in our complete guide to overtime rights in Kansas.

Employees Exempt Under Kansas Overtime Laws

Certain employees are not covered by Kansas overtime laws, including:

  • Employees covered by the federal Fair Labor Standards Act (FLSA)
  • Motor vehicle sales employees working for non-manufacturing dealerships
  • Individuals serving sentences in correctional facilities or county jails

For these employees, federal overtime rules or separate provisions apply instead of Kansas law.

Federal Overtime Exemptions (FLSA) in Kansas

Non-exempt employees must be paid overtime for all hours worked over 40 in a workweek under the federal Fair Labor Standards Act (FLSA).

However, some employees may be exempt from overtime pay under federal law if they earn at least $684 per week ($35,568 per year) and meet certain job duty requirements.

Common exempt categories under federal law include:

  • Executive, administrative, and professional employees
  • Highly compensated employees (earning over $107,432 per year)
  • Computer professionals (earning at least $27.63 per hour)
  • Outside sales employees
  • Commissioned retail or service employees
  • Certain transportation workers (for example, airline, railroad, and motor carrier employees)
  • Live-in domestic workers
  • Seasonal amusement or recreational workers
  • Some agricultural workers and small farm employees
  • Babysitters and companions for the elderly or disabled

Some industries follow modified overtime rules rather than the standard thresholds under federal law. Examples include:

  • Hospitals and residential care facilities (14-day work periods)
  • Public safety employees (seven–28 day work periods)
  • Certain agricultural and petroleum distribution workers

Explore the full list of overtime exemptions under the FLSA.

Compensatory Time Under Kansas Overtime Laws (Comp Time Rules)

According to the FLSA, public employers in Kansas can offer compensatory time (comp time) instead of overtime pay at a rate of 1.5 hours for each hour worked in excess of 40 hours in a workweek. However, employers can provide comp time to employees only if an agreement or mutual understanding has been reached before performing work.

Starting September 1, 2025, Kansas public employees can accrue a maximum of 80 hours of comp time. Any overtime worked more than that shall be compensated with overtime pay instead.

Kansas Overtime Laws for Tipped Employees

Employers in Kansas can pay tipped employees a lower cash wage of at least $2.13 per hour instead of the state’s minimum wage, and use a tip credit of up to $5.12 per hour.

However, a tipped employee must accumulate enough tips to ensure their total earnings (cash wage + tips) reach the minimum wage of $7.25 per hour. If their total earnings fall below the regular minimum wage, their employer must make up the difference.

Tipped employees are entitled to overtime pay at the same rate: 1.5 times their regular wage for every overtime hour worked. That being said, overtime must be based on the full minimum wage, not the lower cash wage.

Employers cannot increase the tip credit for overtime hours. They are also prohibited from keeping employees’ tips or sharing them with managers or supervisors. Tip pooling is allowed only if it includes employees who regularly receive tips, such as servers or bartenders.

Kansas Overtime Laws for Salaried Employees

Under Kansas overtime laws, not all salaried employees are exempt from overtime pay. A salaried employee is an individual who receives a fixed salary, regardless of the actual number of hours worked.

To determine a salaried employee’s overtime rate, employers must determine the employee’s hourly rate by dividing the employee’s weekly salary by the number of hours the salary is meant to cover.

Apply the Kansas overtime formula: Overtime rate = 1.5 × Hourly pay rate

Overtime pay = Overtime rate × Overtime hours worked

If a salaried employee’s pay in Kansas covers fewer than 46 hours per week, any hours worked up to 46 must be paid at the regular hourly rate. The time-and-a-half overtime rate applies only to hours worked beyond 46 in a workweek under Kansas overtime laws.

For employees covered by the Fair Labor Standards Act (FLSA), federal rules apply. This means overtime is owed for all hours worked over 40 in a workweek for such employees.

Explore other salaried employees laws in Kansas.

Overtime Pay for Commissioned Employees in Kansas

Under Kansas overtime laws, employees who earn commissions are still entitled to overtime pay. The calculation method differs slightly because commissions must be included when determining the employee’s regular hourly rate.

An employee’s total weekly earnings = Wages + Commissions

This amount is then divided by the total number of hours worked in the week to determine the regular hourly rate for that week. For any hours worked beyond 46 per week, the employee must be paid additional compensation at a rate of half of the regular hourly rate under Kansas overtime laws.

For example, let’s say an employee works 50 hours a week at a rate of $7.25/hour (Kansas minimum wage) and receives $50 in commissions for that week.

Weekly earnings = (Total hours x Hourly rate) + Commissions

= (50 x $7.25) + 50

= $412.50 (total earnings for the week)

Then, divide that by the total hours worked in the week.

Regular hourly rate: $412.5 / 50 = $8.25 per hour

To determine the overtime rate for the commissioned employees, we need to take that new regular hourly rate and halve it.

Overtime rate: $8.25 / 2 = $4.13 per hour

Since the employee worked an extra four hours (50 – 46) in the week, their overtime compensation will be: $4.13 x 4 hours = $16.50

For employees covered by the federal FLSA, overtime shall apply to all hours worked over 40 in a workweek. This means the employee will be paid overtime for 10 hours in that week (50 – 40).

Overtime pay under federal law: 10 hours x $4.13 = $41.30

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.