Kan. Admin. Regs. § 49-30-3 - Hours worked; on call time; period of paid employment
(a) "Hours
worked" means any period of time during which the employee is performing
services for an employer or is required to wait or remain on call by an
employer when:
(1) The employee is required
to report at a specified time for duty or at a specified work place, even if he
or she does nothing but wait for a work assignment.
(2) The time is spent in a sleeping period,
of not more than eight (8) hours, which has been agreed to by the employee and
the employer, occurring during a work period of twenty-four (24) hours or more
when the employee is not permitted at least five (5) continuous hours of sleep.
(3) The period of time is less
than thirty (30) minutes occurring between the required report time and the end
of the required hours of work.
(4)
The employer or anyone having management responsibilities of the employer has
made any actual inferred or implied requirement that work be performed, shall
cause any designated period of nonpaid employment to be considered as a paid
period of employment.
(5) The time
is spent in walking, riding, or traveling to and from the actual place the
employee is required to report when the period of time is compensable by
express contract, custom or practice.
(6) The time is spent by an employee who is
on call and required to remain at a specified place to await possible call to
perform a work assignment for the employer and is prevented from using the time
for his or her own personal benefit by such employer requirement.
(7) The period of employment is used for
training, lectures or meetings that occur either during the employee's regular
working hours, or outside regular working hours when the subject matter is
directly related to the employee's job and attendance is required; or when
nonattendance would have an adverse effect on the employment relationship.
(b) Periods of nonpaid
employment.
(1) Periods of time when the
employer has required the employee to leave word at his or her home or with
company officials where he or she may be reached.
(2) Any period of thirty (30) minutes or more
when the employee has been previously advised that such is a nonpaid period and
no services are required to be performed, such as:
(A) Lunch periods of thirty (30) minutes or
more.
(B) Time between split
shifts if the employee is free to use the period of time for his or her own
benefit.
(C) Periods of time when
the employee is waiting to be engaged due to delay, loading, unloading, during
which no services are expected from the employee and the employee is free to
use the time to his or her own use.
(3) The time is for lectures, training, or
meetings outside required working hours, is voluntary and to the benefit of the
employee not directly related to the employee's assigned job and no productive
work is performed.
(4) Time spent
by an employee (outside his or her required working hours) at an employer's
work site pursuing his or her own private interests.
Notes
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