Kansas Overtime Calculator — state vs FLSA

Frequently Asked Questions

• When does overtime start in Kansas?

  It depends on which law covers your employer. Most Kansas private employers are covered by the federal FLSA, which requires overtime after 40 hours per workweek. Employers NOT covered by the FLSA (typically very small, local businesses with under $500K revenue and no interstate commerce) fall under K.S.A. §44-1204, which sets the overtime threshold at 46 hours per workweek. As of 2026, both laws require overtime pay at 1.5× the regular rate.

• Does Kansas have a daily overtime rule?

  No. Kansas has no daily overtime requirement. Unlike California — which requires overtime after 8 hours in a single day — Kansas calculates overtime on a weekly basis only. You must work more than 40 hours (FLSA) or 46 hours (state law for non-FLSA employers) in a workweek before overtime kicks in.

• My employer says they use the 46-hour Kansas rule. Is that legal?

  Only if your employer is genuinely not covered by the federal FLSA. If your employer has annual revenues of $500,000 or more, has multiple locations, or ships/receives goods across state lines, the FLSA's 40-hour threshold almost certainly applies and the employer cannot substitute the weaker 46-hour state rule. When both laws apply, the rule more protective to the employee governs.

• What is the overtime pay rate in Kansas?

  Both the FLSA and K.S.A. §44-1204 require overtime to be paid at 1.5 times (time-and-a-half) the employee's regular rate of pay for all hours over the applicable threshold. Kansas does not require double time (2×) for any hours worked.

• Can my employer average hours over two weeks to avoid paying overtime?

  No. Both federal and Kansas state law require overtime to be calculated on a workweek-by-workweek basis. Employers cannot average hours across two or more weeks. A 50-hour week and a 30-hour week cannot be combined into 80 hours over two weeks to avoid the overtime obligation on that 50-hour week.

• Are salaried employees entitled to overtime in Kansas?

  Salaried employees may still qualify for overtime unless they meet an FLSA exemption (executive, administrative, or professional duties) AND earn at least $684 per week ($35,568 annually) as of 2026. A salary alone does not make an employee exempt — both the salary level and duties tests must be satisfied.

• Are farm and agricultural workers covered by Kansas overtime law?

  Agricultural workers are generally exempt from overtime requirements under both the FLSA and Kansas state law. The exemptions are fact-specific and depend on the nature of the agricultural activity and the size of the operation. Consult the Kansas Department of Labor or a wage-and-hour attorney for specific situations.

• Can Kansas employers give comp time instead of overtime pay?

  Private-sector employers in Kansas cannot substitute compensatory time off (comp time) for overtime cash wages. The FLSA restricts comp-time arrangements to state and local government employers. Kansas state law similarly does not authorize comp time for private employers. Employees are entitled to cash payment for overtime hours worked.

• What happens if my Kansas employer doesn't pay required overtime?

  For FLSA violations, file a complaint with the U.S. Department of Labor Wage and Hour Division (Kansas City office: (913) 551-5721) or sue in federal court for unpaid wages plus an equal amount in liquidated damages plus attorney fees. For state overtime violations under K.S.A. §44-1204, file a wage claim with the Kansas Department of Labor at www.dol.ks.gov.

• How does Kansas overtime compare to federal FLSA?

  The FLSA sets overtime after 40 hours per week; the Kansas state law (K.S.A. §44-1204) sets it at 46 hours per week but applies only to non-FLSA employers. The FLSA covers most private employers, so the 40-hour threshold is the effective standard for the vast majority of Kansas workers. Both laws require 1.5× rate and have no daily overtime rule.