The federal Fair Labor Standards Act was
first adopted in 1938 as way to help the
country get out of the depression by
ensuring that workers got a fair wage
and by encouraging employers to hire
more employees. This encouragement
came in the form of requiring employers
in many industries to pay their workers
overtime--time and a half--when they
worked their employees more than 40
hours in a work week.
The Fair Labor Standards Act is often
referred to as the FLSA, and it has really
only two main features:
***It guarantees a minimum wage of
$7.25 for all hours worked (with many
exceptions); and
***It guarantees overtime pay for hours
worked over 40 in a work week (with
many exceptions).
first adopted in 1938 as way to help the
country get out of the depression by
ensuring that workers got a fair wage
and by encouraging employers to hire
more employees. This encouragement
came in the form of requiring employers
in many industries to pay their workers
overtime--time and a half--when they
worked their employees more than 40
hours in a work week.
The Fair Labor Standards Act is often
referred to as the FLSA, and it has really
only two main features:
***It guarantees a minimum wage of
$7.25 for all hours worked (with many
exceptions); and
***It guarantees overtime pay for hours
worked over 40 in a work week (with
many exceptions).
| The payment of minimum wages is not usually an issue in wage disputes because most employers understand the need to pay minimum wages. There are, however, some disputes that arise with certain specialty occupations where, for example, tipping might come into play. The main issue that arises with minimum wage is that the employer is not crediting an employee for certain work time. For example, the employee actually works through lunch but is not paid for the lunch time. One might think that the employee is automatically entitled to receive minimum wage for this time, and he or she will be if they are only being paid minimum wage. However, if an employee is being paid more than minimum wage, then it is necessary to divide the employee's weekly wages by the number of hours actually worked, and if the rate of pay is at least minimum wage, there is no violation of the law. Take an example: the employee works 30 hours a week and is paid $8 an hour. However, the employee is also required to work during lunch breaks and is not paid for this time. The employee's take home pay is $240 a week, and when it is divided by 35 (30 hours of work and an hour each day for lunch) the result is $6.85, which is more than the minimum wage of $5.15. Thus, there is no violation of the FLSA. BUT NOTE: even though this situation might not result in a violation of minimum wage law, it might violate the contract with the employer if it promised to pay the employee $8 an hour for all hours worked. If the employee is actually working over his lunch break, then he is entitled to be paid $8 an hour that time. If the employer refuses to pay this wage, there can be a breach of contract and a claim could be made under the Kansas Wage Payment Act. The above example also shows how overtime pay comes into play. If an employee is working 40 hours a week at $8 an hour, but it is determined that the employee is actually working during her lunch breaks, the employee is then working overtime and is entitled to time and half for all hours in excess of 40. If we assume that the employee worked 5 extra hours during the lunch breaks, then the employee is entitled to 5 hours of overtime. There are many special rules that apply to the payment of minimum wage, and if you think you are not getting minimum wage or overtime, you should consult a competent Kansas employment attorney who knows the Fair Labor Standards Act and the Kansas Wage Act. E-mail or call if you have a question. |
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| MICHAEL M. SHULTZ Attorney at Law Call us: 913-385-9955 866-385-9955 toll free email Mike |
| Kansas employment attorneys representing Kansas employees in wage and hour disputes, minimum wage, back pay, overtime and other salary disputes. Working with clients throughout Kansas, including Wichita, Topeka, Kansas City, Kansas, Lawrence, Johnson County, Sedgwick County, Shawnee County and Douglas County. |
| Kansas Fair Wage and Overtime Attorney |
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| Michael M. Shultz 866-385-9955 Your Guide to the Fair Labor Standards Act and the Kansas Wage Payment Act |
This website was created
by Michael Shultz an
employment attorney in
Johnson and Douglas
Counties, Kansas, who
practices wage and hour
law. You may learn
more about him by
clicking on the Contact
Us button on the left.
Mike is a Kansas
attorney who can help
you collect the overtime
to which you are entitled
by Michael Shultz an
employment attorney in
Johnson and Douglas
Counties, Kansas, who
practices wage and hour
law. You may learn
more about him by
clicking on the Contact
Us button on the left.
Mike is a Kansas
attorney who can help
you collect the overtime
to which you are entitled
| Federal Wage and Hour Law |
| Minimum Wage Issues |
| Overtime Pay Issues |
The Fair Labor Standards Act creates far more complicated issues concerning the issue of overtime pay.
It sounds simple to state that an employee is entitled to time and half for all hours worked over 40 in a
work week. However, there are two main issues that arise with overtime:
Is the employee exempt from overtime pay rules?
What hours actually count toward overtime?
EXEMPTIONS: The FLSA creates numerous exemptions from the requirements that employees must
be paid minimum wage and overtime pay. Some of these exemptions are complete, and some are partial.
The most common exemptions to the law are the so-called white collar exemptions. Under the law,
employees who work in administrative, executive or professional positions are exempt from minimum wage
and overtime pay if certain conditions are met. For more information on these exemptions, click
EXEMPTIONS.
HOURS WORKED: The other big overtime issue is what hours actually count as hours worked. For
example, if employees have to work through their lunch breaks, this will constitute time worked. Other
examples of work time over which a dispute might arise include on-call time, days off when work is
performed for the employer, travel time and activities that precede the start of work (opening cash
drawers and counting money) and conclude the work day (e.g., cleaning equipment). For more information
on hours worked, click HOURS WORKED.
It sounds simple to state that an employee is entitled to time and half for all hours worked over 40 in a
work week. However, there are two main issues that arise with overtime:
Is the employee exempt from overtime pay rules?
What hours actually count toward overtime?
EXEMPTIONS: The FLSA creates numerous exemptions from the requirements that employees must
be paid minimum wage and overtime pay. Some of these exemptions are complete, and some are partial.
The most common exemptions to the law are the so-called white collar exemptions. Under the law,
employees who work in administrative, executive or professional positions are exempt from minimum wage
and overtime pay if certain conditions are met. For more information on these exemptions, click
EXEMPTIONS.
HOURS WORKED: The other big overtime issue is what hours actually count as hours worked. For
example, if employees have to work through their lunch breaks, this will constitute time worked. Other
examples of work time over which a dispute might arise include on-call time, days off when work is
performed for the employer, travel time and activities that precede the start of work (opening cash
drawers and counting money) and conclude the work day (e.g., cleaning equipment). For more information
on hours worked, click HOURS WORKED.
| Public Safety and Paramedic Employees See Below |
The Fair Labor Standards Act contains a so-called partial exemption from the overtime pay
requirements. With respect to public police and fire protection services, employees can be
worked more than 40 hours in a work week and not be entitled to over time pay. This
exemption is generally referred to as the 207(k) exemption (see 29 U.S.C. section 207(k)).
The law allows police to be worked 171 hours during a 28-day work period or this same ratio
for a work period of at least seven but less than 28 days before overtime is available.
It allows fire employees to be worked 212 hours during a 28-day work period or this same
ratio for a work period of at least seven but less than 28 days before overtime is available.
One of the most hotly litigated issues is whether paramedics come within this partial
exemption. The answer is generally yes if the paramedics work for a municipal fire
department, and generally no if they do not.
FOR MORE INFORMATION ON POLICE, FIRE AND PARAMEDICS, CLICK
THE PICTURE.
requirements. With respect to public police and fire protection services, employees can be
worked more than 40 hours in a work week and not be entitled to over time pay. This
exemption is generally referred to as the 207(k) exemption (see 29 U.S.C. section 207(k)).
The law allows police to be worked 171 hours during a 28-day work period or this same ratio
for a work period of at least seven but less than 28 days before overtime is available.
It allows fire employees to be worked 212 hours during a 28-day work period or this same
ratio for a work period of at least seven but less than 28 days before overtime is available.
One of the most hotly litigated issues is whether paramedics come within this partial
exemption. The answer is generally yes if the paramedics work for a municipal fire
department, and generally no if they do not.
FOR MORE INFORMATION ON POLICE, FIRE AND PARAMEDICS, CLICK
THE PICTURE.
