Kansas could be the state you’re waiting to look at for their overtime labor laws. That’s because Kansas is one of those unique states that has its very own overtime laws, whereas many of the other 49 states just follow the federal laws on overtime.
Not Kansas. The Kansas state law on overtime states that overtime is due to employees once they’ve worked 46 hours in a week. As we know, federal law, on the other hand, says that employees should get overtime after 40 hours of work in a week.
The state, however, follows federal law when it comes to paying overtime on Sundays and holidays, or when employees work more than 8 hours in a day. In those instances, employers are not required to pay overtime. In federal law, and in Kansas law, what matters is just whether or not the employee worked more than 40 hours in a week. The one exception is if the employer and employee have come to an agreement beforehand that overtime pay is valid in those circumstances.
Kansas law also is different for certain overtime exemptions. Kansas law specifically has exemptions for law enforcement personnel and fire fighters, for emergency medical personnel, and for security personnel in general. Also included are employees that are also exempt from minimum wages, people who sell certain vehicles, and prisoners.
The next question we have is when does Kansas law kick in for overtime requirements, and when does federal law kick in. Basically the differentiator here is whether or not the employer is an interstate company and makes a certain amount of revenue per year.
When we say “interstate,” we mean that an employer must either be large enough to work in more than one state, or the employer provides products or services that are used in more than one state. When we talk about revenue per year, that means that the employer has to make more than $500,000 per year.