When Am I Owed Overtime Payment?
In Kansas, overtime payment laws are regulated by both state and federal statutes. Many businesses may struggle with understanding when certain Kansas state laws overrule federal wage laws. That struggle can make it difficult for employees to understand when they are entitled to overtime or not.
Wage Laws In Kansas
Overtime is based on many factors, such as:
- How many hours per week an employee works
- Whether the employee has a contract that outlines overtime rules, and even then, the contract can be limiting.
- Whether the business falls under state or federal rules for overtime. For example, at the state level overtime is required if the employee works more than 46 hours per week. On the federal level, overtime is due when an employee works over 40 hours per week. That difference in laws makes the situation complex.
Overtime Payment Is not Guaranteed for Certain Events
State or federal law does not guarantee overtime if you work on a holiday or a certain day of the week. Both sets of wage laws define overtime as being paid when you work X number of hours per week. Working on a holiday or the weekend or even if you work different shifts – days, nights, evenings – does not mean you automatically receive overtime.
The exception to when overtime is due outside both state and federal law is when there is an employment contract in place that dictates something different from the standard that both laws set in place. An employment contract cannot create working conditions that are less than what the law sets forth. It can only enhance the working conditions, such as paying overtime on holidays.
For example, an employment contract cannot ask employees to work more than 40 hours per week or 46 hours per week on the state level and not be paid for overtime. Employees cannot agree to work additional hours at straight pay. They must be paid overtime per the wage laws for each state or federal wage laws.
What You Can Do?
As mentioned, wage laws can be complicated. If you feel that your employer is not paying you correctly, you can contact an employment law attorney, call the Kansas Department of Labor, and talk with your employer about questions you might have.
An employment law attorney can help you understand your rights and legal options, and they can help protect you under state and federal laws that prevent retaliation by employers. The labor laws are set up to help create a fair and safe work environment and to help prevent abuse of employees by employers.
Contact Dugan Schlozman For More Information About Wage Laws
If you feel that you and your employer are not on the same page in terms of compensation or if you feel you are being abused and not paid overtime when it is due, then contact Dugan Schlozman Attorneys at Law. We can help you understand your legal rights to fair wages and the options available to you under Kansas, Missouri, and federal law.