Employment · Kansas

Can I sue for unpaid overtime in Kansas?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Kansas?

free route

The Office of Employment Standards takes wage claim form K-ESLR 105, online or on paper, and it is published in Spanish as well as English. A Labor Conciliator sends the claim to your employer, who has ten business days to answer in writing. You must respond to that answer or the case may be closed without an investigation. If it does not settle, there is a hearing before a presiding officer, which the agency describes as essentially a trial.

source ↗Not yet checked against the statute.

How much can you sue for in Kansas small claims court?

small claims limit

$10,000

source ↗Not yet checked against the statute.

What else should you know in Kansas?

also

The duty to reply is the trap here. Kansas closes a claim when the worker does not respond to the employer's answer, so a claim can die from silence rather than from being wrong.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Kansas. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

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