Salaried employees in Kansas are individuals who receive predetermined fixed compensation at regular intervals, such as weekly or less frequently.
The state has specific laws and regulations that govern the rights and responsibilities of both salaried employees and employers.
This article provides an overview of these laws, including details about payment methods, break and leave entitlements, and the differentiation between exempt and non-exempt employees.
This article covers:
- Payment of Wages for Salaried Employees in Kansas
- Salaried Employees Eligibility for Overtime for Kansas
- Pay for Working Overtime for Kansas Salaried Employees
- Exceptions to Overtime Exemptions for Kansas Salaried Employees
- Violation of Salaried Employees Wages Payment in Kansas
- Male and Female Salaried Employees in Kansas
- Leave Entitlements for Salaried Employees in Kansas
- Break Entitlements for Salaried Employees in Kansas
- Deductions from Exempt Employees’ Salary in Kansas
- Termination of Employment for Salaried Employees in Kansas
Employers in Kansas must ensure that their employees receive their owed wages on a monthly basis, or as per mutually agreed arrangements. Common pay frequency options in the United States include weekly (52 paychecks per year), biweekly (26 paychecks per year), and semi-monthly (24 paychecks per year). For such payments to be made accurately and consistently meet deadlines, employers often resort to payroll hours tracking and setting up mechanisms for pay periods and approvals.
Whether an employee is entitled to overtime pay hinges on their exemption status. Even if an employee is salaried but not exempt, they should receive overtime compensation. Determining exemption status revolves around the nature of their job, with more comprehensive guidance available from the U.S. Department of Labor.
In terms of overtime eligibility, state law dictates that overtime is applicable once an employee completes 46 hours in a week, while federal law mandates overtime payment after 40 hours of work within a week.
Additionally, non-exempt salaried employees might also be eligible for overtime pay using the Fluctuating Workweek Method (FWW). With this approach, if an employee’s weekly work hours fluctuate, they can still receive the same monthly salary, whether they work less or more than 40 hours a week. However, any hours beyond 40 worked in a week are compensated at a premium rate of 0.5 times their hourly rate. To be eligible for the FWW method, employees must have varying work hours, a fixed salary, and earn at least the federal minimum wage of $7.25/hour. This method may also entitle employees to additional pay or benefits, such as bonuses, commissions, and hazard pay.
In Kansas, overtime pay is also applicable to specific salaried employees. Even though a salaried employee is an individual who receives a fixed salary, irrespective of the actual hours worked, if their workload surpasses the hours their salary accounts for, they are still eligible for extra compensation for those additional hours.
Accordingly, to calculate the overtime rate for a salaried employee, the employer should initially determine the hourly rate by dividing the salary by the hours that the salary covers.
Subsequently, employ the following formula to compute the overtime rate for salaried employees:
Hourly pay rate x Overtime Hours x Overtime Rate (1.5)
Importantly, if an employee’s salary encompasses fewer than 46 hours in a workweek, their regular rate will be added for each subsequent hour worked up to 46 hours. Only after crossing the threshold of 46 hours will time-and-a-half be applicable.
For an employee whose salary already includes 46 hours in a workweek, time-and-a-half will be granted for any hours worked beyond the 46-hour mark.
It’s worth noting that although salaried employees don’t generally need to track their hours, overtime calculations represent instances where overtime tracking might come in handy. Timesheet templates can also serve to ensure that overtime hours are accounted for and there are also overtime compliance software that ensures law observance is in place.
As mentioned above, as per federal regulations, non-exempt employees are entitled to receive overtime pay of 1.5 times their regular rate for hours worked beyond the standard 40-hour workweek. However, Kansas law deviates from the federal norm; employees in Kansas need to work more than 46 hours a week to be eligible for 1.5 times overtime pay.
Exceptions to the 46-hour rule include:
- Employees engaged in motor vehicle sales for a non-manufacturing employer
- Individuals under the custody of the secretary of corrections
- Those serving sentences in county jails
- Highly compensated employees earning over $107,432 annually
- Creative professionals with a minimum weekly salary of $684
- Computer employees earning over $684 weekly
- Outside sales employees.
Learn more in detail about Kansas Overtime Laws.
In cases where an employer deliberately neglects to provide an employee with their owed wages in a timely manner, as stipulated by Kansas Statutes Annotated (44-314), the employer becomes liable to the employee for the unpaid wages, under K.S.A (44-315).
Additionally, the employer is also accountable for a penalty, which is either fixed at 1% of the outstanding wages for each day (excluding Sundays and legal holidays) that the non-payment persists beyond the eighth day from the due date, or an amount equal to 100% of the overdue wages, whichever is lower.
It’s important to note that for the purpose of determining such supplementary compensation, the failure to pay is not considered to continue after the employer files a bankruptcy petition leading to their adjudication as bankrupt or during the period when an appeal is filed under K.S.A. (44-322a), until the final decision on the appeal is reached.
According to Kansas Statute (44-1205), it is prohibited for any employer with both male and female employees in the same workplace to differentiate between employees based on gender when it comes to wages. This means that wages paid to employees of one gender should not be at a lower rate than the wages paid to employees of the opposite gender if they are performing equal work on jobs that require the same level of skill, effort, and responsibility, and are done under similar working conditions.
There are exceptions to this rule, which include cases where payment is based on factors like seniority, merit, production quantity or quality, or other factors unrelated to gender.
It’s important to note that an employer who violates this law by paying wage differentials based on gender is not required to decrease the wage rate of any employee as a way to comply with these provisions.
Salaried employees often have to consider the various leave options offered to them as well as track time off. Starting from January 1st, 2021, employees in Maine establishments with 10 or more workers have had the ability to avail earned paid leave at a rate of 1 hour per 40 hours worked, up to 40 hours a year. Eligible employees in Maine can take up to 10 weeks of unpaid family medical leave over a 2-year period, applicable when caring for a newborn, close family member with a serious health condition, or donating an organ.
Further, Maine law prohibits employers from retaliating against employees attending jury duty, and emergency response leave is protected. Active military members can avail paid military leave for up to 17 days in a calendar year without losing pay or benefits. For family members of deployed military personnel, Maine employers could provide up to 15 days of unpaid family military leave for each deployment.
In cases of violence, sexual assault, or stalking involving an employee or their close family member, a leave of absence can be taken for attending court hearings, receiving medical treatment, or obtaining necessary services, with the employer’s obligation to grant this leave, except when undue hardship to the business is demonstrated.
Employees in Maine are entitled to a mandatory break of at least 30 minutes after working six consecutive hours. This break is usually paid unless the employee opts for an unpaid meal break, during which they must be entirely relieved of their duties.
Exceptions to break regulations can be granted in situations involving threats to property, life, public safety, or public health. Additionally, small businesses with fewer than three employees present or those allowing more frequent, shorter breaks due to the specific nature of their work are not obligated to follow the standard break rules.
Employers are restricted from retaining any part of an employee’s earnings unless it’s mandated by Kansas or federal regulations, or if there exists written consent from the employee permitting deductions from their paycheck.
The following elements are permissible to deduct from wages:
- Deductions for any legal purposes that contribute to the employee’s benefit, provided the employee has granted written consent for the deduction (such as insurance, 401K, pension plans, bonds, and savings initiatives)
Conversely, the subsequent items cannot be subtracted:
- Shortages of cash in common currency drawers
- Losses stemming from breakage, damage, acceptance of bad checks, and customer credit defaults, except under specific conditions
- Lost or stolen belongings, unless specific criteria are satisfied
- In most cases, personal protective equipment
Kansas adheres to the at-will employment doctrine, granting employers the freedom to terminate employees for any non-discriminatory reason, and likewise allowing employees to resign without repercussions. In the case of employment termination, employers are legally obligated to issue all owed wages on the regular payday.
Failure to comply results in the employer having to pay an extra amount, calculated as 1% of unpaid wages for each non-Sunday and non-holiday day, until the payment is settled.
Learn more about Kansas Labor Laws through our detailed guide.
Important Cautionary Note
When making this guide we have tried to make it accurate but we do not give any guarantee that the information provided is correct or up-to-date. We therefore strongly advise you seek advice from qualified professionals before acting on any information provided in this guide. We do not accept any liability for any damages or risks incurred for use of this guide.