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Nobody ever said running a business was easy. As an employer, you have many things to handle, and compliance is just one of them.
In addition to federal regulations, each state has its own share of employment-related laws that business owners need to be aware of. Here, we’re highlighting some of these key state-specific requirements, and offering guidance to help you keep up.
Bear in mind that this list is not comprehensive, and there may be local or industry-specific employment requirements that your business needs to comply with. It’s best to consult with counsel to ensure compliance with all applicable laws, as Justworks does not provide legal advice.
Payroll Tax Accounts
Because Justworks reports state unemployment taxes on behalf of customers who utilize Justworks’ PEO services, Justworks may need to collect account information such as your account number and current rate. You can read more about it here: State Unemployment Insurance.
Recruiting & Hiring Practices
Posting Requirements
Employers in Kansas that have 1 or more employees with an indoor office area must create and maintain a policy that is compliant with the Kansas Indoor Clean Air Act. The policy must be provided to new hires upon the beginning of their employment.
Kansas Smoke-Free Indoor Clean Air Act: Business Toolkit
Mineral*: Kansas Drugs, Alcohol, and Smoking
Independent Contractors
When deciding whether to classify workers as employees or independent contractors, there are a few things your business should consider, including the varying tests that apply under different federal and state employment laws, and the potential penalties and other liabilities for misclassifying employees as independent contractors.
You can read our general Help Center article on contractors, and view information on how to determine if someone is a contractor or employee in Kansas in the relevant section at the links below.
Kansas Department of Revenue: Misclassification of Workers
Mineral*: Kansas Independent Contractors
Pay Requirements
Minimum Wage & Overtime
Kansas rules on overtime, minimum wage, and exempt salary thresholds can be found at the links below:
Kansas Department of Labor: FAQs: Pay and Wage Requirements
Leave
Pregnancy and Maternity Leave
Kansas does not have a Paid Family Leave law that requires employers to provide bonding leave. However, if an employer in Kansas has at least 4 employees, they must provide a reasonable leave of absence for employees who are pregnant, giving birth, or recovering from these situations, as mandated by the Kansas Act Against Discrimination (KAAD).
State Regulation: Kansas Act against Discrimination
Mineral*: Kansas Family and Medical Leave
Domestic Violence or Sexual Assault Victim Leave
Kansas employers, regardless of their size, are required to provide employees up to 8 calendar days of unpaid time off from work to attend to legal and medical matters related to domestic violence or sexual assault.
Mineral*: Kansas Victim Leave
Harassment & Discrimination
In addition to protections under federal law, Kansas law prohibits discrimination by covered employers, because of an employee’s membership in any protected class, including race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age (40 or over), marital status, sexual orientation, gender identity, military status, or disability in places of public accommodation.
Mineral*: Kansas Employment Discrimination and Accommodations
Harassment Training Requirements
To provide additional support in this area, Justworks has teamed up with EVERFI to offer customers free access to a suite of harassment prevention and inclusion training.
Separation
Final Pay & Document Requirements
An employee’s final wages may be issued on the next regularly scheduled payday.
Accrued, unused vacation time need not be paid out to the employee unless the employer’s policy requires it. Employers should clearly set forth in writing any policy with respect to unused vacation time.
Mineral*: Kansas Separation
Business Closings and Layoffs
The Federal Worker Adjustment and Retraining Notification (WARN) Act imposes certain notices and other obligations on covered businesses before conducting large-scale business closures, layoffs, or relocations. For more information, visit the links below.
U.S. Department of Labor: Worker Adjustment and Retraining Notification (WARN) Act Advisor
Mineral*: Kansas Layoffs
Notes
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Disclaimer
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.