Under Kansas law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 46 hours in one week. Under federal law, overtime is due after 40 hours in one week. Which law applies depends on a business’s amount of annual revenue and interstate commerce. The right to overtime pay cannot be waived by the employee.

Some employees are exempt from the overtime requirement. Employees engaged in administrative, professional, executive, outsides sales or agricultural activities are exempt from the overtime requirement. Additionally, the following employees are exempt under Kansas law:

• Domestic service employees
• Motor vehicle salespeople
• People serving a sentence in a state prison or county jail

The current minimum wage in Kansas is $7.25 per hour, which is the same as federal law. Restaurant employees who receive tips are entitled to a wage of at least $2.13 per hour, and more if their tips don’t equal at least federal minimum wage. Employers can claim a tip credit in the amount that bring an employee’s total earnings up to the federal or state minimum wage. 

Kansas does not have any meal or rest break requirements.

You can file a claim with the Department of Labor. This can be done by filling out a Claim for Wages. The filing should include as much information and documentation as possible. This process can be completed with or without an attorney. Here is more information about the process.

If you have a wage/hour complaint, do not delay in contacting the Department of Labor to file a claim. Strict deadlines apply to wage claims.

In Kansas, employees can file a private lawsuit to recover unpaid wages.