Under Kansas overtime laws you earn after 46 hours in a workweek at 1.5 times the regular rate, and no daily overtime in Kansas — only the weekly total counts. The minimum wage is $7.25. This guide gives the exact kansas overtime laws rule with the date we verified it, the statute, and what to do next.
Rules verified against Kansas Department of Labor, Employment Standards on 2026-10-08; confirm the current rule with Kansas Department of Labor, Employment Standards or an attorney before you rely on it.
Kansas Overtime Laws at a Glance
| Minimum wage | $7.25 |
| Weekly overtime | After 46 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in Kansas — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
In This Kansas Overtime Laws Guide:
Kansas Overtime Laws: The Rules
After 46 hours in a workweek at 1.5 times the regular rate. No daily overtime in Kansas — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage. The state law (46-hour trigger, K.S.A.
44-1204) covers only employers outside the FLSA; most workers get federal overtime after 40 hours. FLAG: the 46-hour figure is from the statute, not the DOL page — confirm on kslegislature.gov before the first refresh.
How to Calculate Overtime Under Kansas Overtime Laws
Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $7.25 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.
Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.
Kansas Overtime Laws at a Glance
Rules verified against Kansas Department of Labor, Employment Standards on 2026-10-08; confirm the current rule with Kansas Department of Labor, Employment Standards or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | $7.25 |
| Weekly overtime | After 46 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in Kansas — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
Who Is Exempt From Kansas Overtime Laws
Kansas law excludes people employed in a bona fide executive, administrative or professional role, plus outside commission-paid salespeople, as defined in the Secretary of Labor’s regulations (K.S.A. 44-1202). For most employers, which are covered by federal law, these exemptions generally require that you be paid a set salary above the federal minimum salary level and that your actual duties meet the federal duties test.
KDOL notes that being salaried alone does not make you exempt, and a salaried worker who is not exempt is still owed overtime.
Daily Overtime and Kansas Overtime Laws
Kansas has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Federal law generally does not allow private employers to give comp time instead of overtime pay, and Kansas has no separate rule allowing it for private-sector workers. KDOL also says a worker cannot agree to accept straight-time pay in place of overtime.
Is Overtime Taxed Differently Under Kansas Overtime Laws?
No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. Kansas allows a tip credit, so tips can count toward part of the minimum wage for tipped workers.
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Overtime is generally figured on the full minimum wage, not on the reduced cash wage, and the tip credit amount stays the same in overtime hours. Confirm how the rule applies to your pay with the agency.
How to Claim Unpaid Overtime Under Kansas Overtime Laws
Most Kansas workers are covered by the federal Fair Labor Standards Act (FLSA), so unpaid overtime claims generally go to the U.S. Department of Labor’s Wage and Hour Division, which takes complaints by phone or at a local office.
Workers whose employer is not covered by the FLSA may file the state Wage Claim form (K-ESLR 105) with the KDOL Office of Employment Standards by email or mail, attaching time sheets or pay stubs. The look-back period is set by statute and depends on which law applies, so confirm your filing window with the agency soon after you leave the job.
Other Kansas Overtime Laws Rules to Know
Kansas’s own overtime law (K.S.A. 44-1204) covers only employers that are not subject to the FLSA, and it uses a higher weekly hours threshold than federal law. KDOL states that Kansas does not require overtime pay for hours over eight in a day, or for work on Sundays or holidays. Overtime is counted by the workweek only.
Think you are owed overtime? The wage-claim agency takes the complaint for free.
Kansas — the bottom line
- Kansas overtime laws start the premium after 46 hours in a workweek at 1.5 times the regular rate — count the week, not the day.
- Under kansas overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
- Kansas overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.
Frequently Asked Questions
When do I get overtime under Kansas overtime laws?
After 46 hours in a workweek at 1.5 times the regular rate. No daily overtime in Kansas — only the weekly total counts.
What is the overtime rate in Kansas?
One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.
Does Kansas have daily overtime?
No daily overtime in kansas — only the weekly total counts.
Can my employer give comp time instead of overtime pay in Kansas?
Federal law generally does not allow private employers to give comp time instead of overtime pay, and Kansas has no separate rule allowing it for private-sector workers.
How do I claim unpaid overtime in Kansas?
Most Kansas workers are covered by the federal Fair Labor Standards Act (FLSA), so unpaid overtime claims generally go to the U.S. Department of Labor’s Wage and Hour Division, which takes complaints by phone or at a local office.
Official Kansas Sources & Resources
- Kansas Department of Labor, Employment Standards: https://www.dol.ks.gov/employment-standards
- Kansas statute (The state law (46-hour trigger, K.S.A. 44-1204) covers only employers outside the FLSA; most workers get federal overtime after 40 hours. FLAG: the 46-hour figure is from the statute, not the DOL page — confirm on kslegislature.gov before the first refresh.): https://ksrevisor.gov/statutes/chapters/ch44/044_012_0004.html
- Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This kansas overtime laws guide was last verified against official Kansas sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Kansas Workplace Rights Guides
- Kansas Break Laws: Meal and Rest Breaks
- Kansas Final Paycheck Law: Deadlines and Penalties
- Kansas Labor Laws: Every Rule in One Place
- Kansas Unemployment Benefits: How Much and How Long
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Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.