(a) Employees
who are covered by the maximum hours provision of the law and who are engaged
in fire protection or law enforcement activities shall be paid overtime
compensation at a rate of not less than 1 1/2 times the regular rate at which
the employee is employed. Overtime compensation shall be paid for all hours
worked which exceed the hours worked shown opposite the number of consecutive
days in the pay period, as follows:
Consecutive work period (days) Maximum hours at regular rates
28 258.00
27 248.75
26 239.50
25 230.50
24 221.25
23 212.00
22 202.75
21 193.50
20 184.25
19 175.00
18 165.75
17 156.75
16 147.50
15 138.25
14 129.00
13 119.75
12 110.50
11 101.25
10 92.25
9 83.00
8 73.75
7 64.50
(b) Calculations of pay rates for the
overtime requirements of the act shall be based on an hourly rate regardless of
the form of the wage payment. Use of the label "salary" to describe wage
payments shall not determine coverage under or exemption from the act. All
forms of wage payments shall be converted to an average hourly wage and may be
computed as follows:
Monthly pay = Monthly rate * 12 / 52 weeks * hours worked
during the week
Weekly pay, piece rate, unit bonus, commission or other = Total
amount paid during work period / Total hours worked during period
(c) Fire protection or law
enforcement activities employees may trade time, with the employer's
permission, by one employee substituting for another on a regularly scheduled
tour of duty, or for some part thereof, to permit an employee to absent himself
or herself from work to attend to purely personal pursuits, if:
(1) The trading of time is done voluntarily
by the employees participating in the program and not at the behest of the
employer;
(2) The reason for
trading time is due, not to the employer's business operations, but to the
employee's desire or need to attend to personal matters;
(3) A record is maintained by the employer of
all time traded by employees; and
(4) The period during which time is traded
and paid back does not exceed 12 months. The employer shall assure that traded
time is paid back or that proper wage payments are made as required.
Notes
Kan. Admin. Regs. §
49-31-6
Authorized by
K.S.A. 44-1207; implementing
K.S.A. 44-1203,
44-1204; effective, E-79-26, Oct.
19, 1978; effective May 1, 1979; amended May 1, 1984.
