| Kansas employment attorneys representing Kansas employees in wage and hour disputes, minimum wage, 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 Employment Lawyer Answering Your Questions |
| MICHAEL M. SHULTZ Attorney at Law Kaup & Shultz, LC Antioch and Santa Fe Overland Park, Kansas 66212 913-385-0808 and 901 Kentucky, Suite 305 Lawrence, Kansas 66044 785-838-4300 email Mike |
| Frequently Asked Questions About Overtime Pay |
1. I'm paid a salary, can I still get overtime pay? The
answer is YES. Unless your job duties also make you
exempt under the FLSA, you are entitled to overtime even
if you are paid a salary.
2. I'm paid a salary and perform management duties, so is
there any way I can get overtime? YES, if you are not on a
true salary basis. If the employer withholds from your pay
check for short absences of less than a day, or otherwise
holds money out of your pay check, you might not really be
a salaried employee. If not, you are entitled to overtime if
you work more than 40 hours in a work week.
3. I work for a retail store, and they let us earn comp time
if we have a week where we work more than 40 hours. Can
the store make me take comp time instead of overtime.
Generally, the answer is no. In the private sector
(non-government), there are some limited ways that an
employer can use so-called comp time, but most often you
are entitled to time and a half in money for overtime.
4. Can my employer tell me to get in early so I can have
everything ready to go when we open for business and then
not pay me. NO. This violates your right to receive wages
and if this extra time causes you to work more than 40
hours in a work week, then you will be entitled to overtime
pay.
5. Can my boss make me attend training programs and not
pay me? NO. If you are required to attend training, this is
considered work time and you are entitled to be paid and to
receive overtime if the hours put you over 40 in a work
week.
6. My employer says that our company is having financial
trouble and has asked some of us to work off the clock to
help out. He says he will make it up to us later. Is this
legal. NO. If the off the clock time means you are working
more than 40 hours in a work week, you are entitled to
overtime.
7. I am given a half hour for lunch, but I have to eat at my
desk and answer the phone. Is this fair? NO. And if it
results in overtime, you are entitled to be paid. In fact, if
you simply stay at your desk and work because you are on
a diet and your boss knows this and allows it, you might
be entitled to overtime.
8. During the day, I have to drive to several different
stores to check on merchandise. I am told that I cannot be
paid for this travel time. Is this right? You are entitled to
be paid and if this time means you work more than 40
hours in a work week, you are entitled to overtime.
9. I work a part-time job for my company, and now they
have told me that they want me to come in on weekends to
do a second job. Do I have two jobs or one job? You might
have two jobs, but since you are working for the same
employer, you will be entitled to overtime if you work more
than 40 hours in a work week.
10. I work for an employer who likes to host parties for
clients. The boss says that we have to stay late to
prepare for these parties and help clean up afterwards.
Doesn't this mean I am working? YES. And it means you
should get overtime if you work more than 40 hours in a
work week.
11. I just got promoted to assistant manager and am now
told that I do not get overtime, but I do the same things I
did before. Can my employer deny me overtime. NO. If
you do not meet the test for an exempt employee by being
a true management employee, you are still entitled to
overtime.
answer is YES. Unless your job duties also make you
exempt under the FLSA, you are entitled to overtime even
if you are paid a salary.
2. I'm paid a salary and perform management duties, so is
there any way I can get overtime? YES, if you are not on a
true salary basis. If the employer withholds from your pay
check for short absences of less than a day, or otherwise
holds money out of your pay check, you might not really be
a salaried employee. If not, you are entitled to overtime if
you work more than 40 hours in a work week.
3. I work for a retail store, and they let us earn comp time
if we have a week where we work more than 40 hours. Can
the store make me take comp time instead of overtime.
Generally, the answer is no. In the private sector
(non-government), there are some limited ways that an
employer can use so-called comp time, but most often you
are entitled to time and a half in money for overtime.
4. Can my employer tell me to get in early so I can have
everything ready to go when we open for business and then
not pay me. NO. This violates your right to receive wages
and if this extra time causes you to work more than 40
hours in a work week, then you will be entitled to overtime
pay.
5. Can my boss make me attend training programs and not
pay me? NO. If you are required to attend training, this is
considered work time and you are entitled to be paid and to
receive overtime if the hours put you over 40 in a work
week.
6. My employer says that our company is having financial
trouble and has asked some of us to work off the clock to
help out. He says he will make it up to us later. Is this
legal. NO. If the off the clock time means you are working
more than 40 hours in a work week, you are entitled to
overtime.
7. I am given a half hour for lunch, but I have to eat at my
desk and answer the phone. Is this fair? NO. And if it
results in overtime, you are entitled to be paid. In fact, if
you simply stay at your desk and work because you are on
a diet and your boss knows this and allows it, you might
be entitled to overtime.
8. During the day, I have to drive to several different
stores to check on merchandise. I am told that I cannot be
paid for this travel time. Is this right? You are entitled to
be paid and if this time means you work more than 40
hours in a work week, you are entitled to overtime.
9. I work a part-time job for my company, and now they
have told me that they want me to come in on weekends to
do a second job. Do I have two jobs or one job? You might
have two jobs, but since you are working for the same
employer, you will be entitled to overtime if you work more
than 40 hours in a work week.
10. I work for an employer who likes to host parties for
clients. The boss says that we have to stay late to
prepare for these parties and help clean up afterwards.
Doesn't this mean I am working? YES. And it means you
should get overtime if you work more than 40 hours in a
work week.
11. I just got promoted to assistant manager and am now
told that I do not get overtime, but I do the same things I
did before. Can my employer deny me overtime. NO. If
you do not meet the test for an exempt employee by being
a true management employee, you are still entitled to
overtime.
| Michael M. Shultz Lawrence and Overland Park 785-838-4300 913-825-0064 |