Kansas · KMWMHL overtime after 46
Kansas overtime (after 46)
For employees of employers not subject to the FLSA, Kansas K.S.A. 44-1204 pays 1.5× after 46 hours in a workweek. No daily overtime. EMS / fire / law enforcement may use 258 hours in 28 days (7-day week → 64.5). Classic $20 × five 10h → $1,040 vs FLSA 40 $1,100 vs MO amusement 52 $1,000. Not FLSA 7(k).
How K.S.A. 44-1204 pays
Subsection (a): on and after January 1, 1978, no employer shall employ any employee for a workweek longer than 46 hours unless the employee receives not less than 1½ times the hourly wage rate at which the employee is regularly employed for hours over 46. There is no daily overtime band, no seventh-day double time, and no public-works weekend all-hours premium on this page.
Subsection (b): employees engaged in public or private EMS, fire protection, or law enforcement (including correctional security personnel) are not in violation of (a) if they are paid 1.5× the regular rate for tours of duty that exceed 258 hours in 28 consecutive days, or — in a work period of at least 7 but less than 28 days — hours that bear the same ratio as 258:28. A 7-day workweek is therefore 64.5 hours before Kansas public-safety overtime. That is not FLSA 7(k)’s 212 (fire) / 171 (police) table.
Subsection (c): this section does not apply to (1) any employee covered under FLSA § 7 (29 U.S.C. § 207), (2) a person primarily engaged in selling motor vehicles for a non-manufacturing dealer, or (3) a person sentenced to the secretary of corrections or serving a sentence in a county jail. K.S.A. 44-1202(d) also defines “employer” to exclude any employer subject to the FLSA. Check Covered by FLSA § 7 to turn KMWMHL overtime off; those weeks still owe federal after-40 on /overtime/.
Five 10h days @ $20 → 46 regular + 4 OT = $1,040.
Same punches on /overtime/ → 40 + 10 OT = $1,100.
Same on /missouri-amusement-overtime/ → 50 regular (under 52) = $1,000.
46 hours exactly @ $20 → $920 (no OT).
Six 10h days @ $20 → 46 + 14 OT = $1,340 vs FLSA $1,400 vs MO 52 $1,280.
FLSA-covered toggle, five 10h → $1,000 straight time here (use /overtime/ for $1,100).
Public-safety 7×10h @ $20 → 64.5 ST + 5.5 OT = $1,455 vs weekly-46 $1,640 vs FLSA-40 $1,700.
Sources
- K.S.A. 44-1204 — overtime compensation; exceptions (official Kansas Revisor; HTTP 200)
- K.S.A. 44-1202 — definitions, including (d) employer excludes FLSA-subject employers
- Kansas Legislature 2025–26 — § 44-1204 reprint (HTTP 200)
- 29 U.S.C. § 207 — FLSA overtime (off under 44-1204(c)(1))
- 29 CFR § 553.230 — FLSA 7(k) 212/171 table this page is not
FAQ
When does Kansas overtime start under K.S.A. 44-1204?
1.5× after 46 hours in a workweek for KMWMHL employees. No daily overtime. Classic $20 × five 10-hour days is $1,040, not FLSA $1,100.
Is this the same as FLSA weekly 40?
No. /overtime/ is after 40. 44-1204(c)(1) turns this statute off when FLSA § 7 covers the employee. Check the FLSA box for straight time here, then compute after-40 on that page.
Is this FLSA 7(k) fire/police 212/171?
No. 44-1204(b) uses 258/28 (7-day = 64.5h). /flsa-7k/ is 212 fire / 171 police.
Is this Missouri amusement overtime after 52?
No. /missouri-amusement-overtime/ is after 52 for seasonal amusement. Five 10-hour days are $1,040 here and $1,000 there.
Who is covered?
Employees of Kansas employers not subject to the FLSA. Motor-vehicle salespeople (c)(2) and incarcerated persons (c)(3) are off. Most FLSA-covered Kansas employers owe federal after-40 instead.