Kansas Overtime Laws 2026
Kansas labor laws present a unique dual-track regulatory environment. While state statutory law sets one overtime limit, federal overrides apply to the vast majority of Kansas workers.
The Dual-Track Rules:
- Federal FLSA standard (40-Hour Limit): Overtime pay (1.5x) is required for hours worked beyond 40 hours in a workweek. This covers any business with annual revenues exceeding $500,000, or employees engaged in interstate commerce.
- Kansas State Law (46-Hour Limit): Under Kansas Statutes Annotated (K.S.A. 44-1204), overtime pay is required only after working 46 hours in a workweek. This applies strictly to small local businesses exempt from federal rules.
- No Daily Overtime: Neither state nor federal laws require overtime pay for working long daily shifts (e.g. over 8 or 12 hours) in Kansas.
Evaluating 46-Hour vs. 40-Hour Compliance in Kansas
In Kansas, the vast majority of employees are covered by the federal 40-hour overtime limit rather than the state's 46-hour rule. An employer is legally bound by the federal 40-hour standard if:
- The business earns over **$500,000** in gross annual revenues.
- The worker's regular duties involve "interstate commerce" (this includes processing credit card payments, sending out-of-state mail, making phone calls to other states, or handling goods manufactured elsewhere).
Only extremely small, strictly local Kansas businesses are exempt from the FLSA and permitted to use the 46-hour overtime threshold under K.S.A. 44-1204.
| Rule Parameter | Kansas State Law (K.S.A. 44-1204) | Federal FLSA Override (Standard) |
|---|---|---|
| Regular Wage Floor | $7.25 / hr | $7.25 / hr (Standard minimum wage) |
| Overtime Threshold | Over 46 hours in a workweek | Over 40 hours in a workweek |
| Overtime Multiplier | 1.5x regular rate ($10.88 / hr min) | 1.5x regular rate ($10.88 / hr min) |
| Coverage Criteria | Exempt local small businesses only | Gross revenues >$500k or interstate commerce |
Frequently Asked Questions
1. When does overtime kick in under Kansas state law?
Under Kansas state law (K.S.A. 44-1204), statutory overtime pay (1.5x) is required only for hours worked over 46 hours in a single workweek.
2. Who is covered by the federal 40-hour overtime rule in Kansas?
Almost all employers in Kansas are subject to the federal FLSA 40-hour overtime rule if their gross annual sales exceed $500,000 or if their employees engage in interstate commerce.
3. What is the Kansas minimum wage for 2026?
The statutory minimum wage in Kansas is $7.25 per hour, which is aligned with the federal FLSA minimum wage.