29 nov. Salary Exempt Laws in Kansas
Through the fluctuating work week method, some non-exempt employees are entitled to overtime pay. To be eligible for FWW`s overtime pay, one of the conditions is that an employee`s work week must vary from week to week. People often think that if they receive a salary, they are not entitled to overtime pay. However, this is not entirely accurate. Under the Fair Labour Standards Act (FLSA), three factors are considered in determining an employee`s eligibility for overtime pay: the amount of the salary, the employee`s work duties, and the method of payment. The RSA specifically covers certain jobs and exempts others from overtime pay. The following jobs are specifically subject to federal overtime pay legislation: In general, hourly employees who earn less than $455 per week ($23,660 per year) and who work in a non-exempt industry are eligible for overtime pay. Kansas workers are protected by federal and state laws regarding wage and hour requirements. The main federal law that regulates wages and hours of work is the Fair Labor Standards Act. Kansas also has labor laws that address state wage and hour requirements. In addition, the RSA completely exempts the following employees from overtime pay: Knowing which employees are exempt is a question worth asking. If you need additional justification, consider the $234 million in salary arrears for nearly 200,000 employees received by the U.S. Department of Labor (DOL) last year.
How 200,000 employees were not paid under the Fair Labour Standards Act (FLSA) was detailed in lexology.com, an online blog. If you don`t fall under one of the above exceptions and your employer didn`t pay you overtime, you may be able to take legal action. In such cases, you may be entitled to a refund of your arrears, liquidated damages and attorneys` fees. Overtime laws in Kansas and nationally are designed to prevent workers from being exploited by their employers, with hourly workers (especially in workers` nests) being the main protected group. Due to the nature of the work environment and the hours required for certain careers, there are various specific exceptions to entitlement to overtime in Kansas. Of the approximately 120 million workers in America, nearly 50 million are exempt from the overtime law. In 2016, the U.S. Department of Labor (DOL) passed an overtime and exemption rule for employees, administrative employees, administrative employees, and professional employees that would increase this wage threshold from $23,660 per year ($455 per week) to $47,476 per year ($913 per week). However, on November 22, 2016, a federal district court issued an injunction ending the implementation of the new rule.
The university chose to maintain this higher threshold, even though the 2016 federal rule was ultimately not implemented. The Fair Labour Standards Act (FLSA) proposes that certain employees be exempt from minimum wage. Neither state nor federal laws require employers to allow their employees to take breaks. In the meantime, please note that any review to determine eligibility for the RSA exemption requires an up-to-date job description so that we can ensure that we are assessing based on the current appearance of the job. HCS will work with regulators to ensure that verified information is accurate before any decision is made to change the status of the exception. In anticipation of this, departments should consider reviewing and updating job descriptions now, as required, to include an accurate list of tasks and percentages of time. Please note that this guide is published in the 1. It was written in the quarter of 2022, so changes to labor laws that were incorporated later may not be included in this guide to Kansas labor laws. Below is the list of employees exempt from minimum wage (as well as some requirements): K-State will adopt the Ministry of Labour`s new overtime exemption wage threshold consistent with the start of the new fiscal year on June 14, 2020. Until then, we will continue to use K-State`s previously assumed salary cap of $47,476/year for the exemption for current employees and any new hires joining the university prior to the threshold change. Field workers (who often set their own hours) are also exempt from KS overtime requirements, as are certain types of computer-related workers. Independent contractors who are not considered legal employees are also exempt from the application of the Overtime Act.
Other exempt positions include certain transport workers, some agricultural and agricultural workers, and certain domestic workers such as housekeepers. The following table shows wage and hour laws in Kansas The current minimum wage in Kansas for non-exempt employees is $7.25 per hour.