44-1204. Same; overtime compensation; exceptions.
44-1204
44-1204. Same; overtime compensation; exceptions.(a) On and after January 1, 1978, no employer shall employ any employeefor a workweek longer than forty-six (46) hours, unless such employeereceives compensation for employment in excess of forty-six (46) hoursin 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) withrespect to the employment of any employee who is covered by thissection, who is engaged in the public or private delivery of emergencymedical services as a crash injury management technician, emergency medicaltechnician or mobile intensive care technician, or who is engaged in fireprotection or law enforcementactivities, including any member of the security personnel in anycorrectional institution, and who is paid compensation at a rate of notless than one and one-half (1 1/2) times the regular rate at which suchemployee is employed:
(1) In any work period of twenty-eight (28) consecutive days inwhich such employee works for tours of duty which in the aggregateexceed two hundred fifty-eight (258) hours; or
(2) in the case of any such employee to whom a work period of atleast seven (7) but less than twenty-eight (28) days applies, in anysuch work period in which such employee works for tours of duty which inthe aggregate exceed a number of hours which bears the same ratio to thenumber of consecutive days in such work period as two hundredfifty-eight (258) hours bears to twenty-eight (28) days.
(c) The provisions of this section shall not apply to the employmentof:
(1) Any employee who is covered under the provisions of section 7 ofthe 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 anyother 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 anonmanufacturing employer primarily engaged in the business of sellingsuch vehicles to ultimate purchasers;
(3) any person who is sentenced to the custody of the secretary ofcorrections and any person serving a sentence in a county jail.
(d) For the purposes of this section, the agreement or practice by employeesengaged in fire protection or law enforcement activities of substitutingfor 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 atthe behest of the employer;
(2) The reason for substituting is due not to the employer's businesspractice 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 bythe employer's employees; and
(4) The period during which time is substituted and paid back does notexceed twelve (12) months.
History: L. 1977, ch. 179, § 6; L. 1979, ch. 162, § 1; April 26.