K.S.A. » Chapter 44
Kansas Statutes Annotated

K.S.A. § 44-1204 (2026)

Same; overtime compensation; exceptions

✓ current as of May 2026
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44-1204. Same; overtime compensation; exceptions. (a) On and after January 1, 1978, no employer shall employ any employee for a workweek longer than 46 hours, unless such employee receives compensation for employment in excess of 46 hours in a workweek at a rate of not less than 11/2 times the hourly wage rate at which such employee is regularly employed.

(b) No employer shall be deemed to have violated subsection (a) with respect to the employment of any employee who is covered by this section, who is engaged in the public or private delivery of emergency medical services as an emergency medical service provider as defined by K.S.A. 65-6112, and amendments thereto, or who is engaged in fire protection or law enforcement activities, including any member of the security personnel in any correctional institution, and who is paid compensation at a rate of not less than 11/2 times the regular rate at which such employee is employed:

(1) In any work period of 28 consecutive days in which such employee works for tours of duty that in the aggregate exceed 258 hours; or

(2) in the case of any such employee to whom a work period of at least seven but less than 28 days applies, in any such work period in which such employee works for tours of duty that in the aggregate exceed a number of hours that bear the same ratio to the number of consecutive days in such work period as 258 hours bears to 28 days.

(c) The provisions of this section shall not apply to the employment of:

(1) Any employee who is covered under the provisions of section 7 of the fair labor standards act of 1938 as amended, 29 U.S.C.A. § 207, and as amended by the fair labor standards amendments of 1974, and amendments thereto; or

(2) any employee who is primarily engaged in selling motor vehicles, as defined in K.S.A. 8-126, and amendments thereto, for a non-manufacturing employer primarily engaged in the business of selling such vehicles to ultimate purchasers;

(3) any person who is sentenced to the custody of the secretary of corrections and any person serving a sentence in a county jail.

(d) For the purposes of this section, the agreement or practice by employees engaged in fire protection or law enforcement activities of substituting for one another on regularly scheduled tours of duty, or a part thereof, shall be deemed to have no effect on hours of work if:

(1) The substituting is done voluntarily by the employees and not at the behest of the employer;

(2) the reason for substituting is due not to the employer's business practice but to the employee's desire or need to attend to a personal matter;

(3) a record is maintained by the employer of all time substituted by the employer's employees; and

(4) the period during which time is substituted and paid back does not exceed 12 months.

History: L. 1977, ch. 179, § 6; L. 1979, ch. 162, § 1; L. 2010, ch. 119, § 16; L. 2013, ch. 92, § 5; L. 2019, ch. 64, § 11; June 6.

Notes of Decisions
Cited in 10 cases, 1983–2020 · leading case: Brown v. Ford Storage & Moving Co., 224 P.3d 593 (Kan. Ct. App. 2010).
Sort: Relevance Newest Treatment
Brown v. Ford Storage & Moving Co., 224 P.3d 593 (Kan. Ct. App. 2010). · cites it 11× “5 times the employee’s regular hourly wage for hours worked in excess of 46 hours in a workweek. However, the statute also provides that this overtime pay requirement does not apply to employees who are “covered under the provisions of section 7 of the [FLSA].”
Brown v. Ford Storage & Moving Co., Inc., 224 P.3d 593 (Kan. Ct. App. 2010). · cites it 11× “However, the statute also provides that this overtime pay requirement does not apply to employees who are "covered under the provisions of section 7 of the [FLSA].”
Dollison v. Osborne Cnty., 737 P.2d 43 (Kan. 1987). · cites it 4× “” K.S.A. 44-1204(a). The law also provides for overtime pay protection for law enforcement persons, although the hours worked requirement is higher: *381 “No employer shall be deemed to have violated subsection (a) with respect to the employment of any employee who is covered by…”
Clements v. Emery Worldwide Airlines, Inc., 44 F. Supp. 2d 1141 (D. Kan. 1999). · cites it 2× “FACTUAL BACKGROUND The plaintiff initiated this case seeking overtime wages he claims he is entitled to under the Kansas Minimum Wage and Maximum Hours Law (“KMWMHL”), Kan.Stat.Ann. § 44-1204(a) and for a statutory penalty under the Kansas Wage Payment Statute, Kan.”
Stone v. City of Kiowa, 950 P.2d 1305 (Kan. 1997). “K.S.A. 44-1204 provides in part that an employer will be in compliance with the KMWMHL “(b) .”
Lumry v. State, Kansas Bureau of Investigation, 307 P.3d 232 (Kan. Ct. App. 2013). “K.S.A. 44-1204(a). The KMWMHL, however, explicitly excludes from its definition of employer, “any employer who is subject to the provisions of the [FLSA].”
State Ex Rel. Ludwick v. Bd. of Johnson Cnty. Comm'rs, 661 P.2d 377 (Kan. 1983). · cites it 4× “” K.S.A. 1978 Supp. 44-1204 provides in part as follows: “(a) On and after January 1,1978, no employer shall employ any employee for a work week longer than forty-six (46) hours, unless such employee receives compensation for employment in excess of forty-six (46) hours in a…”
Lumry v. State (Kan. 2016). · cites it 3× “" K.S.A. 44-1204(a). The KMWMHL prohibits retaliatory acts against an employee who 23 asserts his or her rights under the act, provides a private right of action to employees, and empowers the Secretary of Human Services to pursue a claim on an employee's behalf.”
Charbonneau v. Mortg. Lenders of Am., LLC (D. Kan. 2020). · cites it 2× “2010) (citing K.S.A. § 44-1204(c)(1)). And there is the KWPA, which “gives employees the right to receive their ‘wages due’ and concerns when and how those wages are paid out.”
Dollison v. Osborne Cnty., 763 P.2d 1101 (Kan. 1988). “It is clear then, that he was within the purviews of coverage for the law enforcement officers as provided for in K.S.A. 44-1204(b). “The primary bulk of Mr.”
— K.S.A. § 44-1204(a) — 6 cases
Brown v. Ford Storage & Moving Co., 224 P.3d 593 (Kan. Ct. App. 2010). “5 times the employee’s regular hourly wage for hours worked in excess of 46 hours in a workweek. However, the statute also provides that this overtime pay requirement does not apply to employees who are “covered under the provisions of section 7 of the [FLSA].”
Brown v. Ford Storage & Moving Co., Inc., 224 P.3d 593 (Kan. Ct. App. 2010). “However, the statute also provides that this overtime pay requirement does not apply to employees who are "covered under the provisions of section 7 of the [FLSA].”
Dollison v. Osborne Cnty., 737 P.2d 43 (Kan. 1987). “” K.S.A. 44-1204(a). The law also provides for overtime pay protection for law enforcement persons, although the hours worked requirement is higher: *381 “No employer shall be deemed to have violated subsection (a) with respect to the employment of any employee who is covered by…”
Clements v. Emery Worldwide Airlines, Inc., 44 F. Supp. 2d 1141 (D. Kan. 1999). “FACTUAL BACKGROUND The plaintiff initiated this case seeking overtime wages he claims he is entitled to under the Kansas Minimum Wage and Maximum Hours Law (“KMWMHL”), Kan.Stat.Ann. § 44-1204(a) and for a statutory penalty under the Kansas Wage Payment Statute, Kan.”
Lumry v. State, Kansas Bureau of Investigation, 307 P.3d 232 (Kan. Ct. App. 2013). “K.S.A. 44-1204(a). The KMWMHL, however, explicitly excludes from its definition of employer, “any employer who is subject to the provisions of the [FLSA].”
— K.S.A. § 44-1204(b) — 4 cases
Dollison v. Osborne Cnty., 737 P.2d 43 (Kan. 1987). “” K.S.A. 44-1204(a). The law also provides for overtime pay protection for law enforcement persons, although the hours worked requirement is higher: *381 “No employer shall be deemed to have violated subsection (a) with respect to the employment of any employee who is covered by…”
Brown v. Ford Storage & Moving Co., 224 P.3d 593 (Kan. Ct. App. 2010). “5 times the employee’s regular hourly wage for hours worked in excess of 46 hours in a workweek. However, the statute also provides that this overtime pay requirement does not apply to employees who are “covered under the provisions of section 7 of the [FLSA].”
Brown v. Ford Storage & Moving Co., Inc., 224 P.3d 593 (Kan. Ct. App. 2010). “However, the statute also provides that this overtime pay requirement does not apply to employees who are "covered under the provisions of section 7 of the [FLSA].”
Dollison v. Osborne Cnty., 763 P.2d 1101 (Kan. 1988). “It is clear then, that he was within the purviews of coverage for the law enforcement officers as provided for in K.S.A. 44-1204(b). “The primary bulk of Mr.”
— K.S.A. § 44-1204(c) — 2 cases
Brown v. Ford Storage & Moving Co., 224 P.3d 593 (Kan. Ct. App. 2010). “5 times the employee’s regular hourly wage for hours worked in excess of 46 hours in a workweek. However, the statute also provides that this overtime pay requirement does not apply to employees who are “covered under the provisions of section 7 of the [FLSA].”
Brown v. Ford Storage & Moving Co., Inc., 224 P.3d 593 (Kan. Ct. App. 2010). “However, the statute also provides that this overtime pay requirement does not apply to employees who are "covered under the provisions of section 7 of the [FLSA].”
— K.S.A. § 44-1204(c)(1) — 4 cases
Brown v. Ford Storage & Moving Co., 224 P.3d 593 (Kan. Ct. App. 2010). “5 times the employee’s regular hourly wage for hours worked in excess of 46 hours in a workweek. However, the statute also provides that this overtime pay requirement does not apply to employees who are “covered under the provisions of section 7 of the [FLSA].”
Brown v. Ford Storage & Moving Co., Inc., 224 P.3d 593 (Kan. Ct. App. 2010). “However, the statute also provides that this overtime pay requirement does not apply to employees who are "covered under the provisions of section 7 of the [FLSA].”
Lumry v. State (Kan. 2016). “" K.S.A. 44-1204(a). The KMWMHL prohibits retaliatory acts against an employee who 23 asserts his or her rights under the act, provides a private right of action to employees, and empowers the Secretary of Human Services to pursue a claim on an employee's behalf.”
Charbonneau v. Mortg. Lenders of Am., LLC (D. Kan. 2020). “2010) (citing K.S.A. § 44-1204(c)(1)). And there is the KWPA, which “gives employees the right to receive their ‘wages due’ and concerns when and how those wages are paid out.”
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