Kansas Overtime Laws 2026
As of 2026, the landscape of Kansas overtime laws is shaped by a unique state-specific threshold that differs from the federal law and a significant federal court ruling that affects salary exemptions. While the state law sets the overtime trigger at 46 hours per week, most employers adhere to the more employee-protective 40-hour federal rule.
Overview of Kansas Overtime Laws 2026
The state of Kansas walks a different walk than the federal Fair Labor Standards Act (FLSA). Its unique overtime provision requires overtime pay for hours worked beyond 46 in a workweek, as compared to the federal 40-hour rule. However, this provision is only applicable to employers who are not covered under FLSA, such as small, local businesses. Those covered can take advantage of the federal law and provide a more protective cover to their employees. In all applicable cases, overtime must be paid at the rate of 1.5X the employee’s regular wage rate.
Key highlights:
- Overtime rate: 1.5× the regular hourly wage.
- Weekly overtime: Applies after 40 hours in a workweek, but 46 for employees not covered in FLSA
- Daily overtime: No state-specific daily overtime requirement.
- Exemptions: Standard FLSA exemptions apply, including executive, administrative, and professional employees.
- Recordkeeping: Employers must comply with FLSA recordkeeping standards.
The table below sheds more light on key updates impacting overtime and wages in Kansas in 2026:
| Update Area | 2026 Changes & Details |
| Minimum Wage | The state minimum wage remains $7.25/hour, aligning with the federal standard. |
| Overtime Threshold | Kansas state law mandates overtime after 46 hours, but most employers must follow the federal 40-hour rule. |
| Overtime Salary Exemption | A federal court blocked a planned salary threshold increase; the threshold for exempt employees remains $684/week ($35,568/year). |
| State Legislation | No new major state laws affecting overtime calculations have been enacted for 2025. |
Eligibility for Overtime in Kansas
For eligibility classification, the state of Kansas follows the federal regulations. It buckets employees into two categories, exempt and non-exempt.
Non-exempt workers are the ones who work on an hourly basis, get paid per piece, or earn a fixed salary that is less than the state/federal minimum wage threshold. Such individuals are eligible to receive overtime pay.
Exempt employees, on the other hand, are typically referred to as white-collar workers who meet both the salary and duties test. As of 2025, they must earn at least $684 per week and perform job duties that are primarily executive, administrative, or professional in nature to qualify in the exempt category.
Federal vs. Kansas Overtime Rules
The main difference between federal and state law is the weekly overtime threshold. Although most employers follow the federal rule. For example, Judy works 45 hours a week at $20/hour. According to federal law, she receives 40 hours of regular pay ($800) plus 5 hours of overtime at 1.5X her wage rate ($150), totaling her weekly pay to $950.
Under state law, the same overtime rule applies. Kansas does not require daily overtime or additional state-specific overtime benefits.
The table below shows federal vs state overtime rules.
| Aspect | Federal (FLSA) | Kansas Law (2025) |
| Weekly Overtime | 1.5x after 40 hours/week | 1.5x after 46 hours/week |
| Daily Overtime | No | No |
| Salary Exemption | $684/week ($35,568/year) | Mirrors the federal salary test |
| Minimum Wage | $7.25/hour | $7.25/hour |
Exemptions in Kansas
When it comes to exemptions, the state follows the FLSA guidelines. Listed below are employees who are exempt from receiving overtime wages.
Here are Kansas’ overtime exemptions as detailed one-liners (updated with authentic sources):
- Executive Employees: Individuals who manage a department or enterprise, supervise at least two full-time employees, have hiring/firing authority, and earn at least $684 weekly ($35,568 annually) qualify as exempt under the FLSA.
- Administrative Employees: Workers performing office/non-manual work directly related to business operations or management policies who exercise independent judgment on matters of significance and meet the minimum salary threshold are classified as exempt.
- Professional Employees: Individuals whose work requires advanced knowledge in specialized fields (law, medicine, accounting, engineering), who possess relevant professional degrees or licenses, and who meet salary requirements, are exempt from overtime.
- Computer/IT Professionals: Employees performing systems analysis, programming, software engineering, or IT management who earn at least $684 weekly or $27.63 hourly are exempt.
- Outside Salespersons: Employees who primarily conduct sales away from an employer’s premises qualify for the outside sales exemption from overtime requirements.
- Automobile Salespersons: Car salespeople and employees in motor vehicle sales meet a specific exemption under the FLSA.
- Agricultural Workers: Employees engaged in farming, crop production, livestock management, and related agricultural activities are exempt from Kansas overtime requirements.
- Transportation Workers: Certain types of transportation workers, including truck drivers subject to federal motor carrier regulations, qualify for exemption under federal standards.
- Kansas Follows Federal FLSA Standards: Kansas enforces the federal Fair Labor Standards Act without state-level modifications or additional exemptions beyond federal law; the current minimum salary threshold following the November 2024 federal court ruling is $684 weekly ($35,568 annually).
Employer Obligations and Employee Rights
Employers in Kansas must comply with both state and federal labor laws and ensure fair treatment as well as proper and timely payment.
- Timely Payment: Make timely payments to all employees on pre-defined or established days.
- Recordkeeping: Maintain accurate records of all hours worked by non-exempt employees and their wages.
- Mandatory Overtime: Employers can mandate employees to work overtime, as long as they are properly compensated as per state/federal law.
- Unauthorized Overtime: Employers must pay overtime for all hours worked, even if the overtime was not pre-approved. However, they can discipline employees for violating company policy.
- Penalties: Failing to comply with state/federal law can result in penalties, back pay, damages, and other legal costs.
Got questions?
Yes, but for the most part. Kansas has its own state law that mandates overtime pay after 46 hours per week for businesses not covered by FLSA. Meanwhile, businesses that are covered have the option to follow the 40-hour work week rule and compensate employees accordingly.
Yes. Following the federal guidelines, Kansas law provides exemptions for certain industries. These include people working in agriculture, certain transportation roles, and outside jobs.
No. The state has no such provisions. Overtime must be calculated and paid as per the 46/40-hour workweek.
All salaried employees who belong to the non-exempt category are eligible to receive overtime pay. It is typically calculated by multiplying all hours worked beyond 46/40 by 1.5 of their regular daily wage rate.
No. The state does not require employers to pay overtime for work done on weekends or holidays, unless the hours worked during that time push an employee’s weekly total above 40 hours.