Kansas does not require daily overtime, and it does not require extra pay for working more than 8 hours in a single day. For the overwhelming majority of Kansas workers, overtime is governed by the federal Fair Labor Standards Act (FLSA), which requires time-and-a-half pay for hours worked over 40 in a workweek. Kansas's own overtime statute, the Kansas Minimum Wage and Maximum Hours Law (K.S.A. 44-1201 et seq.), sets a higher weekly threshold of 46 hours, but it applies only to the narrow group of employees who are NOT already covered by the FLSA. The practical result: if you are a non-exempt employee in Kansas, you almost certainly earn overtime after 40 hours per week, at 1.5 times your regular rate, and there is no separate daily overtime rule in this state.
The 40-Hour Rule Is the Default in Kansas
Because nearly all Kansas employers are "enterprises" engaged in interstate commerce, or have employees who individually engage in commerce, the FLSA covers most of the state's workforce. Under the FLSA, a non-exempt employee must receive at least 1.5 times their regular hourly rate for every hour worked beyond 40 in a single workweek. A workweek is a fixed, recurring period of 168 hours (seven consecutive 24-hour days); it does not have to match the calendar week, but the employer must set it consistently.
Kansas has not enacted a stronger overtime standard than the federal one. Unlike a handful of states such as California or Alaska, Kansas has no daily overtime requirement. Working 10, 12, or even 16 hours in a single day does not trigger overtime pay in Kansas by itself, as long as your total hours for the workweek stay at or below 40 (or 46 if you fall under the state-only rule discussed below). Overtime in Kansas is measured strictly on a weekly basis.
Kansas's 46-Hour State Overtime Threshold
The Kansas Minimum Wage and Maximum Hours Law (K.S.A. 44-1204) requires employers to pay overtime at 1.5 times the regular rate for hours worked over 46 in a workweek. This is the source of much confusion, so it is important to understand who it actually covers.
By its own terms, the Kansas law does not apply to any employer or employee who is subject to the overtime provisions of the federal FLSA. In other words, the 46-hour state rule is a backstop for the small category of workers who fall outside FLSA overtime coverage. For those workers, the state threshold of 46 hours is less generous than the federal 40-hour standard, but they are not entitled to the federal standard precisely because the FLSA does not reach them. If you are covered by the FLSA, the 40-hour rule controls and the 46-hour figure is irrelevant to you.
The Overtime Rate
Both the federal FLSA and the Kansas statute use the same overtime multiplier: 1.5 times the employee's regular rate of pay. The "regular rate" is not always just your base hourly wage. It generally must include nondiscretionary bonuses, shift differentials, and certain commissions, all averaged into an hourly figure. This means your effective overtime rate can be higher than 1.5 times your stated hourly wage if you receive these additional forms of compensation.
Kansas's minimum wage is $7.25 per hour as of 2026, identical to the federal minimum wage. Because the state minimum has tracked the federal floor for years, the practical minimum overtime rate in Kansas is $10.88 per hour for a minimum-wage worker. Minimum-wage figures can change through legislation, so confirm the current Kansas rate with the Kansas Department of Labor before relying on it.
Who Is Exempt From Overtime in Kansas
Kansas does not maintain a separate set of overtime exemptions for FLSA-covered workers; it follows the federal exemption framework. The most common exemptions are the so-called "white collar" exemptions, which require that an employee both be paid on a salary basis at or above the federal salary threshold AND perform exempt job duties. The main categories are:
Executive employees whose primary duty is managing the business or a department and who direct the work of at least two full-time employees.
Administrative employees whose primary duty is office or non-manual work directly related to management or general business operations, involving discretion and independent judgment on significant matters.
Professional employees in fields requiring advanced knowledge or creative talent, such as lawyers, doctors, engineers, and teachers.
Outside sales employees who regularly work away from the employer's place of business making sales.
Certain computer professionals meeting specific duty and pay tests.
A job title alone never determines exemption; the actual duties and salary control. Many salaried workers are misclassified as exempt and are in fact owed overtime. Other FLSA exemptions cover specific occupations such as certain transportation workers, agricultural workers, and some seasonal employees. Because exemption rules are technical and the salary threshold is periodically updated by the U.S. Department of Labor, verify your status against the current federal regulations rather than assuming.
How to Recover Unpaid Overtime in Kansas
If you believe you are owed overtime, you generally have two enforcement paths, and you can often pursue them in the alternative.
Federal route (FLSA). You may file a wage complaint with the U.S. Department of Labor, Wage and Hour Division, which investigates FLSA violations at no cost to you, or you may file a private lawsuit. Under the FLSA, the statute of limitations is generally two years from the violation, extended to three years if the employer's violation was willful. A successful FLSA claim can recover the unpaid overtime plus an equal amount in liquidated (double) damages, along with attorney's fees and costs.
State route (Kansas Department of Labor). Kansas allows employees to file a wage claim with the Kansas Department of Labor under the Kansas Wage Payment Act (K.S.A. 44-313 et seq.). This process is most useful for recovering wages an employer agreed to pay but did not, including agreed overtime. The agency can investigate and order payment of wages due, and Kansas law allows penalties against employers who willfully fail to pay.
Before filing, gather your evidence: time records, pay stubs, schedules, and any written communications about hours and pay. The law protects you from retaliation for asserting wage rights, and an employer may not lawfully fire or punish you for filing a good-faith overtime claim.
Where to Verify Kansas Overtime Rules
The official state source is the Kansas Department of Labor, which administers the Kansas Minimum Wage and Maximum Hours Law and the Kansas Wage Payment Act. For the federal overtime standard that covers most Kansas workers, consult the U.S. Department of Labor, Wage and Hour Division. Because both the federal salary threshold for exemptions and minimum-wage figures can change, always confirm current numbers with these agencies before making decisions. For a situation involving significant unpaid wages or a disputed exemption, consider consulting an employment attorney licensed in Kansas.
Official Kansas Sources
This page is based on Kansas employment law. Rules and figures change — verify the current details directly with the official Kansas sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Kansas state law.
Frequently asked questions
Does Kansas require daily overtime after 8 hours?
No. Kansas has no daily overtime law. Overtime is calculated weekly, not daily. You can work long single-day shifts without triggering overtime, as long as your weekly hours stay at or below the applicable threshold (40 hours under the FLSA for most workers).
Why does Kansas law say 46 hours instead of 40?
The Kansas Minimum Wage and Maximum Hours Law (K.S.A. 44-1204) sets a 46-hour weekly overtime threshold, but it applies only to employees NOT covered by the federal FLSA. Since the FLSA covers nearly all Kansas workers and uses a 40-hour threshold, the federal 40-hour rule controls for most employees.
What is the overtime pay rate in Kansas?
Overtime in Kansas is paid at 1.5 times your regular rate of pay, the same multiplier used under both the FLSA and Kansas state law. The regular rate must include nondiscretionary bonuses and certain other pay, not just your base hourly wage.
How long do I have to file an unpaid overtime claim in Kansas?
Under the federal FLSA, you generally have two years to file, or three years if the violation was willful. You may also file a wage claim with the Kansas Department of Labor under the Kansas Wage Payment Act. Act promptly and keep your pay and time records.
Can my employer make me exempt just by paying a salary?
No. Being paid a salary is only part of the test. To be exempt, you must also meet a federal salary threshold and perform exempt executive, administrative, professional, outside-sales, or computer duties. Many salaried workers are misclassified and are actually owed overtime.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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