Overtime Laws in Kansas 2026: Pay Rates, Exemptions & Tax Deduction (2026)

Does Kansas have its own overtime law?

Yes. Kansas has its own overtime statute under the Kansas Minimum Wage and Maximum Hours Law (K.S.A. § 44-1204). However, this state law applies only to employers not covered by the federal FLSA. For employers covered by the FLSA — which includes most private businesses — federal law governs, requiring overtime after 40 hours per workweek. The state 46-hour threshold applies only to non-FLSA employers.

What is the overtime rate in Kansas in 2026?

The overtime rate in Kansas is 1.5 times the employee’s regular rate of pay. Based on the Kansas minimum wage of $7.25/hour, the minimum overtime rate is $10.88/hour. Kansas does not require double-time pay under any circumstances.

Does Kansas require daily overtime?

No. Overtime in Kansas is calculated on a weekly basis only. Working more than 8 hours in a single day does not trigger overtime unless total weekly hours exceed 40 (for FLSA-covered employees) or 46 (for non-FLSA employees under state law).

Is overtime due for working on weekends or holidays in Kansas?

No. Under both federal and Kansas law, working on weekends or holidays does not automatically constitute overtime. Overtime depends on total hours worked in the workweek, regardless of which days those hours occurred.

Am I exempt from overtime in Kansas?

Exemption depends on both salary level and job duties. Under the FLSA, an employee must earn at least $684/week on a salary basis and perform qualifying executive, administrative, or professional duties to be exempt. Kansas does not set a higher salary threshold. Being paid a salary alone does not automatically create an exemption — salaried employees who earn below $684/week or who do not meet the duties tests are entitled to overtime.

What is the difference between the 40-hour and 46-hour thresholds?

Most Kansas employees are covered by the FLSA and must receive overtime after 40 hours in a workweek. The 46-hour threshold under K.S.A. § 44-1204 applies only to employers not covered by the FLSA — generally small, local businesses not engaged in interstate commerce with annual revenues below $500,000. Because the 40-hour threshold is more favorable to employees, the FLSA governs whenever it applies. Contact the federal Wage and Hour Division at (913) 551-5721 to verify which law covers your employer.

Is mandatory overtime legal in Kansas?

Under federal law, employers can generally require adult employees (age 16+) to work overtime. Kansas has no additional state-level restrictions on mandatory overtime beyond the FLSA. The Kansas Department of Labor confirms employers may require overtime, and at-will employees who refuse may face disciplinary action. However, all overtime hours must be compensated at the applicable overtime rate, and employees cannot waive their right to overtime pay.

Is overtime taxed in Kansas?

Overtime pay is subject to both federal and Kansas state income taxes. Under the One Big Beautiful Bill Act (2025–2028), FLSA-covered nonexempt employees may deduct up to $12,500 (or $25,000 for joint filers) of the premium portion of overtime from federal taxable income. Kansas has not adopted a corresponding state-level deduction. A Kansas bill (SB 311, introduced January 2026) that would create a state overtime income tax exemption is pending in committee.

How do I calculate the federal overtime tax deduction?

For time-and-a-half pay, the deductible amount is one-third of total overtime pay received. For example, if you earned $6,000 in total overtime at time-and-a-half, the qualified overtime compensation deduction is $2,000. The IRS confirms this calculation method in Notice 2025-69. The deduction is claimed on Schedule 1-A of Form 1040.

How do I file an overtime complaint in Kansas?

File a wage claim online or by mail with the Kansas Department of Labor, Office of Employment Standards (https://www.dol.ks.gov/employers/workplace-laws/claim-for-wages; phone: 785-296-5000 option 1068), or file with the U.S. DOL Wage and Hour Division (1-866-487-9243 or 913-551-5721). The FLSA statute of limitations is 2 years from the date of violation, or 3 years if the violation was willful.

Can my employer give me comp time instead of overtime pay?

Under the FLSA, private-sector employers in Kansas cannot offer compensatory time off in place of overtime pay. Private employees who work overtime must receive cash compensation at 1.5× their regular rate. Public-sector employers (state and local government) may offer comp time at 1.5 hours per overtime hour worked, subject to caps of 240 hours (or 480 hours for public safety and emergency response employees), provided a prior agreement exists.

What happens if my employer doesn’t pay overtime?

Employees may recover unpaid overtime wages, liquidated damages equal to the unpaid amount, and attorney’s fees under 29 U.S.C. § 216(b) (FLSA) or K.S.A. § 44-1211 (Kansas law). The FLSA statute of limitations is 2 years (3 years if the violation is willful).

What is the statute of limitations for overtime claims in Kansas?

Under the FLSA: 2 years from the date of the violation (3 years if the employer’s violation was willful). Under the Kansas Minimum Wage and Maximum Hours Law, the applicable period follows the state’s general civil action limitations. The FLSA deadline controls for most covered employees. Employees should file as promptly as possible to preserve their full recovery period.

Does Kansas have a minimum wage higher than federal?

No. Kansas’s minimum wage is $7.25/hour — equal to the federal minimum wage. The state has not increased this rate since 2010.