2006 Kansas Code - 44-1204

      44-1204.   Same; overtime compensation; exceptions. (a) On and after January 1, 1978, no employer shall employ any employee for a workweek longer than forty-six (46) hours, unless such employee receives compensation for employment in excess of forty-six (46) hours in a workweek at a rate of not less than one and one-half (1 1/2) times the hourly wage rate at which such employee is regularly employed.

      (b)   No employer shall be deemed to have violated subsection (a) with respect to the employment of any employee who is covered by this section, who is engaged in the public or private delivery of emergency medical services as a crash injury management technician, emergency medical technician or mobile intensive care technician, or who is engaged in fire protection or law enforcement activities, including any member of the security personnel in any correctional institution, and who is paid compensation at a rate of not less than one and one-half (1 1/2) times the regular rate at which such employee is employed:

      (1)   In any work period of twenty-eight (28) consecutive days in which such employee works for tours of duty which in the aggregate exceed two hundred fifty-eight (258) hours; or

      (2)   in the case of any such employee to whom a work period of at least seven (7) but less than twenty-eight (28) days applies, in any such work period in which such employee works for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in such work period as two hundred fifty-eight (258) hours bears to twenty-eight (28) days.

      (c)   The provisions of this section shall not apply to the employment of:

      (1)   Any employee who is covered under the provisions of section 7 of the fair labor standards act of 1938 as amended (29 U.S.C.A. § 207), and as amended by the fair labor standards amendments of 1974 and any other acts amendatory thereof or supplemental thereto; or

      (2)   any employee who is primarily engaged in selling motor vehicles, as defined in subsection (b) of K.S.A. 8-126, for a nonmanufacturing employer primarily engaged in the business of selling such vehicles to ultimate purchasers;

      (3)   any person who is sentenced to the custody of the secretary of corrections and any person serving a sentence in a county jail.

      (d)   For the purposes of this section, the agreement or practice by employees engaged in fire protection or law enforcement activities of substituting for one another on regularly scheduled tours of duty, or a part thereof, shall be deemed to have no effect on hours of work if:

      (1)   The substituting is done voluntarily by the employees and not at the behest of the employer;

      (2)   The reason for substituting is due not to the employer's business practice but to the employee's desire or need to attend to a personal matter;

      (3)   A record is maintained by the employer of all time substituted by the employer's employees; and

      (4)   The period during which time is substituted and paid back does not exceed twelve (12) months.

      History:   L. 1977, ch. 179, § 6; L. 1979, ch. 162, § 1; April 26.

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