As an individual up against a company, it can feel like an uphill battle to secure unpaid wages, overtime, and other benefits that your employer has denied. Whether your employer is large or small, however, you have the right to demand fair treatment because the law is on your side. Despite what your employer (or former employer) has told you, you are entitled to wages and hours that have not been paid to you. You need to speak with an attorney with the HKM Employment Attorneys. We have more than 40 years of combined experience handling all types of employment disputes and have the resources and drive to see justice done in your name.
Common Wage and Overtime Disputes
We have successfully assisted clients with all of the following wage and overtime disputes in the past:
- Refusal to pay for off the clock work;
- Refusal to pay wages or compensation;
- Refusal to pay overtime;
- Misclassifying an employee as an independent contractor in order to avoid paying overtime; and
- Improper deductions.
Kansas Minimum Wage Law
The federal minimum wage is set at $7.25 per hour, and because Kansas has no differing state minimum wage, according to minimumwage.us, $7.25 is the lowest that an employer can pay. This means that your employer is legally obligated to pay you at least $7.25 per hour. However, if your employer is in the retail or service industry and grosses less than $500,000 per year, they do not have to abide by the state’s minimum wage standards.
Kansas Overtime Laws
Many employment wage disputes that we see have to do with an employer’s refusal to pay overtime. According to the Kansas Department of Labor, for every unit of time that an employee works more than 46 hours in one week, an employer must pay that employee one and a half times his or her normal hourly rate. Moreover, as an employee you cannot lawfully waive your rights to overtime pay, despite what your employer has said or pressured you to do. You must be paid one and a half times your normal hourly wages if you work more than 46 hours in a week. Kansas does not, on the other hand, have a law that enforces overtime payment for hours worked in a day. As such, working more than eight hours in a day, if the total week’s volume is 46 hours or less, does not result in any overtime payment. Of course, employees who are on salary, versus hourly, may be required to work more than 46 hours a week and will not receive any additional payment. It must be noted that Kansas state law only applies to employees who are not covered under federal law, which begins overpay at anything above 40 hours per week.
The Kansas City Wage and Overtime Dispute Lawyers of HKM are Here to Assist
Because we have represented employers in the past and have been practicing employment law for more than four decades, we can very quickly asses any particular employment dispute, predict the employer’s and opposing counsel’s next move, and counter to stay one step ahead. Our HKM Employment Attorneys LLP handle all types of wage and overtime disputes and are prepared to do what it takes to win your case. Please do not hesitate to contact our Kansas City, Kansas law offices at once at (816) 607-4691.